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Urgent Updates
What is NLC reporting on the U.S. Treasury Department CRF
guidance related to public safety expenditures?
The National League of Cities (NLC) sent the following update
today:
“Earlier this month, the Treasury Department Office of
Inspector General (OIG) attempted to backtrack on reasonable reporting
requirements for state and local governments using Coronavirus Relief
Funds under the CARES Act.
The OIG guidance would have overruled a prior
presumption that all payroll costs for public health and public safety
employees would be treated by federal regulators as payments for
services to mitigate the impact of COVID-19, as required by the CARES
Act.
The OIG guidance would have imposed burdensome new
reporting requirements after cities had already relied on
the presumption to support budgeting, payroll, and employment
decisions. More consequentially, the change would have made it more
likely that the OIG could attempt to claw back
expended CRF funds, possibly years later, similar to FEMA funds.
NLC quickly brought together a coalition to
convince Treasury to reverse course on new reporting requirements, which
they did this week in an updated guidance published yesterday that dropped
the new burdensome reporting requirements and reinforced the
original presumption guidance. (Editor’s note: The guidance is not
yet posted on the Treasury Department’s CRF webpage.)
The updates requested by NLC are found in FAQs 63 and 70-72,
which are related to the recordkeeping requirements for public health and
public safety employees significantly dedicated to mitigating or responding
to the COVID-19 public health emergency.”
Further Updates
What action did the Texas Supreme Court recently take with
regard to evictions?
Last Thursday (September 17), the Texas Supreme Court issued
an administrative order clarifying certain aspects of the
federal nationwide eviction moratorium.
As reported on September 2, the Centers for Disease Control and
Prevention (CDC) issued an order to temporarily halt residential evictions to
prevent the further spread of COVID-19. Effective September 4, 2020, through
December 31, 2020, the CDC order provides “rent deferral” for qualifying
individuals. As reported by The Texas Tribune, the federal moratorium left
several unanswered questions.
The Texas Supreme Court’s administrative order addresses three
primary issues relating to the federal moratorium. The order:
-requires that, in an action for eviction to recover
possession of residential property under Chapter 24 of the Texas Property
Code and Rule 510 of the Texas Rules of Civil Procedure, the petition and
citation include certain information to ensure that tenants are notified
about the federal eviction moratorium;
-includes certain information to ensure that tenants are
notified about the federal eviction moratorium;
-clarifies that the federal moratorium could prevent an
eviction where the eviction has been granted, but the order to have the
constable remove a person (the writ of possession) has not yet been issued;
and
-provides a procedure for landlords to contest a tenant’s
declaration that he or she is qualified for rent deferral under the federal
moratorium.
What is TxDOT doing to help cities with transportation
projects during the pandemic?
The Texas Department of Transportation is providing favorable
Texas State infrastructure Bank terms for certain new and existing projects
and loans. The agency provided the following:
“The Texas State Infrastructure Bank (SIB) is a low-cost revolving
loan program within TxDOT that offers financial assistance in the form of at
or below market rate loans to public or private entities authorized to
construct, maintain or finance an eligible public highway project.
Eligible projects must be eligible for assistance under
existing federal highway rules (Title 23, United States Code),
environmentally cleared, consistent with the Statewide Transportation
Improvement Program (STIP) and consistent with the transportation plan
developed by the local metropolitan planning organization (MPO).
To assist local governments in navigating this difficult time,
the Texas SIB will be waiving interest during the first 3 years of approved
SIB loans for current applicants and new applications received from now until
the end of the year (December 31, 2020). Some examples where this may be
beneficial to your community include:
-Outstanding or upcoming funding contribution(s) to a TxDOT
project.
-Outstanding or upcoming costs for right-of-way (ROW)
acquisitions and/or utility relocation for a TxDOT project.
-Funding eligible, local project letting within the next 12
months.
The TxDOT State Infrastructure Bank Webinar will take place as
follows:
Date: September 29, 2020
Time: 11:00 am
Registration: Register Here
Purpose: To learn more about the SIB program and TxDOT’s
SIB-related COVID-19 efforts to assist local governments in this challenging
time.”
Where can I find archived issues of the TML Coronavirus
Updates?
TML Coronavirus Updates are archived by date here and by subject here.
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