HomeMy WebLinkAbout7/21/2020 Item B, JohnsonSEC. 11.90.
(a)It is the intent of the Legislature in enacting this section to provide flexibility for
administrative approval of augmentations for the expenditure of $9,525,564,744 in
federal funds allocated from the Coronavirus Relief Fund in the Coronavirus Aid, Relief,
and Economic Security (CARES) Act (P.L. 116-136) that address urgent need in support
of the state’s response to the COVID-19 public health emergency, subject to the
requirements of this section. Except as provided in this section, proposals for
expenditure of these funds shall be considered in the annual State Budget or other
state legislation. Section 28.00 does not apply to the funds described in this section.
(b)The Director of Finance may allocate the federal funds described in subdivision (a)
to support activities and expenses that promote public health and safety in response to
the COVID-19 public health emergency, including, but not limited to, any of the
following:
(1)State and local public safety, including implementation of social distancing
guidelines in public facilities.
(2)State and local public health, including testing and contact tracing.
(3)Services for vulnerable populations, including increased caseload.
(4)K-12 learning loss mitigation.
(5)County public health, behavioral health, and health and human services.
(6)Other items permitted pursuant to guidance provided by the United States Treasury
Department, including answers to Frequently Asked Questions, as allowable
expenditures that support the state’s COVID-19 response.
(c)Funds may be allocated to offset or reduce General Fund appropriations in the
2019–20 and 2020–21 fiscal years that were made to support the COVID-19 response
between March 1, 2020, and December 30, 2020. If no item for a department currently
exists to allow for adjustments for the allocation, then an item may be created for this
purpose.
(d)Notwithstanding subdivisions (b) and (c), of the funds described in subdivision (a ),
the Director of Finance shall allocate $2,339,065,000 for the following purposes:
(1)(A) $550,000,000 through the Department of Housing and Community Development
to support housing for individuals and families who are experiencing homelessness or
who are at risk of homelessness due to the COVID-19 pandemic.
ATTCHMENT A
(2) $500,000,000 directly to cities, to be used toward homelessness, public health, public
safety, and other services to combat the COVID-19 pandemic. These funds shall be
allocated in the following manner:
(A) $225,000,000 directly to cities with a population of 300,000 or greater that did not
receive a direct allocation from the federal CARES Act (P.L. 116-136). These funds shall
be allocated based on the share of each city’s population relative to the total
population of the cities described in this subparagraph.
(B) $275,000,000 to cities with a population of less than 300,000. These funds shall be
allocated based on the share of each city’s population relative to the total population
of the cities described in this subparagraph. A city receiving funding pursuant to this
subparagraph shall not receive less than $50,000.
(3) $1,289,065,000 to counties, to be used toward homelessness, public health, public
safety, and other services to combat the COVID-19 pandemic. These funds shall be
allocated based on the share of each county’s population relative to the total
population of the state, taking into account prior direct allocation of funding from the
federal CARES Act (P.L. 116-136).
(e) If funds described in subdivision (a) are not spent by September 1, 2020, the Director
of Finance may reallocate those funds to any item of appropriation for other allowable
activities. Changes to these allocations may be authorized not sooner than 10 days
after notification in writing to the Joint Legislative Budget Committee of the changes to
the planned expenditures. The Chairperson of the Joint Legislative Budget Committee,
or the chairperson’s designee, may shorten the 10-day period by written notification to
the director.
(f) Funding to local governments pursuant to this section is contingent on the local
jurisdiction’s adherence to federal guidance and the state’s stay-at-home requirements
and other health requirements as directed in gubernatorial Executive Order N-33-20,
subsequent executive orders or statutes, and all State Department of Public Health
orders, directives, and guidance issued in response to the COVID-19 public health
emergency. Local governments shall certify compliance to the Department of Finance.
The State Controller shall allocate funding to a local government upon the order of the
Director of Finance.
(g) The Director of Finance may authorize the augmentation of the funds available in
subdivision (a) for expenditure for any program, project, or function in the schedule of
any item of appropriation in this act or any additional program, project, or function
equal to the amount of funds the Director of Finance estimates will be received from
the federal government between March 1, 2020, and December 30, 2020, provided
that the augmentation meets all of the following requirements:
ATTCHMENT A
(1) The funds will be expended to address an urgent need in support of the state’s
response to the COVID-19 public health emergency.
(2) The funds will be expended for a purpose that is consistent with this section and
state law.
(3) The funds are made available to the state under conditions permitting the use of the
funds only for COVID-19-related response, and the additional expenditure proposed
under this section would apply to that specified funding purpose.
(4) Acceptance of the funds does not impose on the state any requirement to commit
or expend new state funds for any program or purpose.
(5) The need exists to expend the additional funding before December 30, 2020.
(h) The Director of Finance may reduce any program, project or function in the
schedule of any item of appropriation in this act whenever the director determines that
funds to be received will be less than the amount taken into consideration in the
schedule.
(i) Funds appropriated pursuant to this section shall not be expended prior to 10 days
after the Director of Finance notifies the Joint Legislative Budget Committee in writing of
the purposes of the planned expenditure and the justification for the amount proposed
for expenditure. The Chairperson of the Joint Legislative Budget Committee, or the
chairperson’s designee, may shorten or waive that 10 day period by written notification
to the Director of Finance.
ATTCHMENT A