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27.MayFund payments be used to replace foregone utilityfees?If not, can Fund payments be used <br />as a direct subsidy payment to all utilityaccount holders? <br />Fund payments may not be used for government revenue replacement, including the replacement of <br />unpaid utility fees.Fund payments may be used for subsidy payments to electricity account holders <br />to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures <br />incurred due to the COVID-19 public health emergency and meetthe other criteria of section 601(d) <br />of the Social Security Act outlined in the Guidance. For example, if determined to be a necessary <br />expenditure, a government could provide grants to individuals facing economic hardship to allow <br />them to pay their utility fees and thereby continue to receive essential services. <br />28.Could Fund paymentsbe used for capital improvement projects that broadly provide potential <br />economic development in a community? <br />In general, no.Ifcapital improvement projects are not necessary expenditures incurred due to the <br />COVID-19public health emergency, then Fund paymentsmay not be used for such projects. <br />However, Fund payments may be used for the expenses of, for example,establishing temporary <br />public medical facilities and other measures to increase COVID-19 treatment capacityor improve <br />mitigation measures, including related construction costs. <br />29.The Guidance includes workforce bonuses as an example of ineligible expenses but provides that <br />hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific <br />definition of “hazard pay”? <br />Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, <br />in each case that is related to COVID-19. <br />30.The Guidance provides that ineligible expenditures include “\[p\]ayroll or benefits expenses for <br />employees whose work duties are not substantially dedicated to mitigating or respondingto the <br />COVID-19 public health emergency.” Is this intended to relateonly to public employees? <br />Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. <br />A recipient would not be permitted to pay for payroll or benefit expenses of private employees and <br />any financial assistance (such as grants or short-term loans) to private employers are not subject to the <br />restriction that the private employers’ employees must be substantially dedicated to mitigating or <br />responding to the COVID-19 public health emergency. <br />31.May counties pre-pay with CARES Act funds for expenses such as aone or two-year facility lease, <br />such as to house staff hired in response to COVID-19? <br />A government should not make prepayments on contracts using payments from the Fund to the extent <br />thatdoing sowould not be consistent with its ordinary course policies and procedures. <br />32.Must a stay-at-home order or other public health mandate be in effect in order for a government to <br />provide assistance to small businesses using payments from the Fund? <br />No. The Guidance provides, as anexample of an eligible use of payments from the Fund, <br />expenditures related to the provision of grants to small businesses to reimburse the costs of business <br />interruption caused by required closures. Such assistancemaybe provided using amounts received <br />from the Fund in the absence of a requirement to close businesses if the relevant government <br />determines that such expenditures are necessary in response to the public health emergency. <br />6 <br /> <br /> <br />