Update on American Rescue Plan Act and Cornyn-Padilla Amendment

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Recent updates regarding the American Rescue Plan Act include the Interim Final Rule progress, revised reporting schedules, and the bipartisan Cornyn-Padilla Amendment passed by the Senate to enhance the Recovery Fund. The Treasury is actively reviewing public comments and adjusting deadlines for reporting requirements. The Cornyn-Padilla Amendment aims to strengthen the Recovery Fund by allowing counties more flexibility in allocating funds for various purposes, including emergency relief from natural disasters and COVID-19 impacts.


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  1. UPDATE: AMERICAN RESCUE PLAN ACT Sara Westbrook Policy Director

  2. INTERIM FINAL RULE UPDATE On October 10, Treasury released a statement on the progress of finalizing the Recovery Fund IFR. Treasury is in the process of reviewing the over 1,000 public comments in response to the Interim Final Rule (IFR) Treasury expects its review of comments to continue into the fall. Therefore, the Final Rule will not be published until this fall or after. Until Treasury adopts a Final Rule and the Final Rule becomes effective, the IFR is, and will remain, binding and effective Funds used in a manner consistent with the Interim Final Rule while the Interim Final Rule is effective will not be subject to recoupment Counties may use the IFR to interpret whether their use of funds meet the criteria of what is eligible Counties may also consider FAQs issued by Treasury to help assess whether a project or service would be an eligible use of Coronavirus State and Local Fiscal Recovery Funds

  3. NEW REPORTING UPDATE On October 1, Treasury released a revised reporting schedule for Recovery Fund recipients. Due to the comments and feedback gathered during the Interim Report and Recovery Plan Performance Report process, Treasury is revising the deadline for the submission of the first Project and Expenditure Report. Project and Expenditure Reports will now be due on January 31, 2022 and will cover the period between award date and December 31, 2021. This is a change from the previously communicated October 31, 2021 due date for the Project and Expenditure Report. Further instructions will be provided at a later date, including updates to existing guidance as well as a user guide to assist recipients to gather and submit the information through Treasury s Portal.

  4. CORNYN-PADILLA AMENDEMENT Last week, the U.S. Senate passed the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act. It now heads to the U.S. House of Representatives for a vote. Senator Cornyn is a Republican from Texas Senator Padilla is a Democrat from California Passed Senate unanimously Biden/Treasury Support

  5. CORNYN-PADILLA AMENDMENT The legislation would strengthen the Recovery Fund in the following ways, which will ensure each county s preparedness and responsivity to COVID-19 continues: Allow counties to allocate up to $10 million in ARPA Recovery Funds for the provision of government services without being required to calculate revenue loss Allow the greater of $10 million or 30 percent of a county s ARPA Recovery Fund allocation to be used for a new, separate provision that allows for new infrastructure-related activities authorized under federal surface transportation laws or Community Development Block Grant Allow ARPA Recovery Funds to be used to provide emergency relief from natural disasters or the negative economic impacts of natural disasters, including temporary emergency housing, food assistance, financial assistance for lost wages, or other immediate needs

  6. CALL TO ACTION There is a hard push on the House to vote on the Cornyn- Padilla Amendment either this week or the week following. Contact Representative Fulcher and Representative Simpson to encourage their support for this amendment Talking points Amendment will benefit counties as well as your mutual constituents Address aging infrastructure Update roads and bridges Not on the backs of property taxpayers

  7. CALL TO ACTION Talking Points Continued Allows flexibility to fund aging infrastructure that is not currently eligible Update roads and bridges Allows counties to use for addressing emergency relief for natural disasters Allows counties to address negative economic impacts from natural disasters

  8. RESOURCES OFFERED BY IAC To access the following resources visit IDCounties.org/Resources/ARPA-Resources-for-Counties/ FAQs IAC ARPA FAQs Treasury FAQs NACo Recovery Fund FAQs Expenses Categories Supporting Documentation Requirements Compliance & Reporting Treasury Compliance & Reporting Guidance Treasury Portal for Recipient Reporting Guide Treasury Tips for Counties on Recovery Fund Submission

  9. RESOURCES American Rescue Plan Act Funding Breakdown Provides information about additional ARPA funds with county eligibility Interim Final Rule Interim Final Rule Explainer

  10. OPEN DISCUSSION Use of funds questions Reporting questions

  11. STAFF CONTACTS Eligible Uses Eligible Uses Sara Westbrook 208.695.6733 swestbrook@idcounties.org Reporting & Compliance Reporting & Compliance Amanda Steinmetz 208.514.0417 asteinmetz@idcounties.org

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