Saturday, August 22, 2020

August 22, 2020 Legislative Update

 Let me start this update with a PSA: please, if you haven’t yet, fill out your census information. You can save the hassle of someone coming to your door. More importantly, you can make sure you don’t get missed in the count. This stuff really matters! It matters for how much of a fair share we get of federal funding. It also matters for fair voting representation when Vermont does re-districting to align with town census numbers next year. It only takes a few minutes, and the questions are not invasive. Just go to my2020census.gov/

***

The Month Ahead

People sometimes ask me in October how the legislative session is going. Just to be clear, Vermont has a part-time legislature which normally goes from January to early May. Of course, nothing is ordinary this year. We stretched into the end of June, nearly crippled by the constraints of functioning on Zoom and trying to do a rational job in allocating federal relief money, while at the same time holding off on the budget for the year ahead in order to have a firmer financial picture.

We are coming back into session now to pass the budget for the remaining ¾ of the fiscal year. There will be public hearings on the budget this Thursday, August 27, from 5 to 6 p.m. and Friday, August 28, from 1 to 2 p.m. via videoconferencing. For the link to sign up to testify and to see the budget information, go to legislature.vermont.gov/

Because of the overlap between this unique late session and early voting by absentee balloting, it will be the first time – to my knowledge, anyway – that we will actually be in session while voting has already begun. It will undoubtably inject new levels of political posturing into debate and votes. I will pledge to do my best to keep my updates as objective as possible so that they do not double as campaign messaging. It will be a strange campaign year for everyone, since going door-to-door, which I consider to be an obligation if one expects voters to put their trust in you, is off the table due to COVID precautions.

Our financial picture remains fuzzy, because we had hoped to know what to expect from the federal government in terms of further relief, and we do not. The revenue shortfalls are dire, but thankfully, not as dire as was feared back in May. Late tax returns from 2019, when the economy was still stable, brought in more than expected. While we are still more than $100m in the red, it now looks as though next year is when the greater impacts of the economic shutdown will be felt. The governor has proposed a budget that maintains services without raising taxes, but the devil is always in the details. Over the next few weeks, the House will analyze the proposal, counter with its own, and send it to the Senate. What is usually a four-month process will have only four weeks, since the budget needs to be signed before the end of September when the second quarter of the budget year begins.

***

The Rest of the Agenda

There is some tension – both political, and reality-based – about what other business should be done in these next five weeks. Some argue that we should address only the budget and get out. We’ve already overspent the budget for the legislative session itself, and doing serious business by highly limited Zoom committee testimony and even more limited Zoom “debate” on the virtual House “floor” does not do justice to the issues or our constituents. On the other hand, a great deal of work was done on important issues back in January and February. Many finished the process in either the Senate or House, and now sit in the other body, awaiting action. Since we are at the end of a biennium, anything not passed now has to start from ground zero with a new legislature in January. If they can’t be fully vetted in the opposite body, it would defeat the checks and balances built into the bicameral legislative process to rush them through now. But if a few of them can, it wouldn’t be fair to bump them solely on the basis that we have to function in impaired ways.

Everything is impaired right now. We still have to make the best of it. So, while I oppose trying to pass legislation that can’t get a reasonable level of analysis (that’s what leads to bad law being passed), I also think that it isn’t reasonable to say that everything that had to be dropped in March has to be abandoned. I might not like some of those bills and wish that the disrupted process means they die, but that’s not a legitimate reason to not move forward.

What are some of the major bills on the list for consideration in September? The climate change bill (establishing a council that will have broad authority to set state standards); a bill on revamping our Act 250 development standards (which has had mixed reviews on its drawbacks and benefits); and the tax-and-regulate marijuana bill (which did pass both houses, and is now in the hands of a six-member conference committee to seek compromise between the different versions.)

***

Police Reform

Another item on the agenda is police reform, tied into the larger issue of addressing systemic racism. Vermont is not immune in needing to address this. In response to some rapid-fire action by the Senate, we passed a bill in June that was very incomplete. It was consciously incomplete. It carried a multi-layered message from the House, along these lines: the Senate did not use a deliberate enough approach and we don’t have time to fix its work; we recognize the need to take some kind of action to show good faith; we are locking ourselves in to coming back and doing better work in August. It did that by including sunsets in the law: dates less than a year away by which parts of the new law will be revoked. So further action must be taken, or the effort comes to an end.

One of the pieces the House recognized was the importance of hearing the voices of Vermonters before making major changes. Over the past several weeks, there have been three public hearings and a broadly disseminated survey. A total of 1,446 responses came in from all over the state, a pretty phenomenal response. I feared that the survey might get limited or skewed exposure, but having skimmed the many comments that people added in their responses, it is clear that a broad range of perspectives were captured. There were some great insights shared. The full survey will be shared publicly in short order. I got a preliminary look because I am part of a coordinating group that was helping to organize the public outreach.

I’m sorry, however, to see some of the divisiveness that seems to exist right now across so many subjects also becoming entrenched in the policing issue. One Facebook meme articulates my perspective well. It has three circles that overlap in the center: one circle says, “Supports good police officers,” the second says, “Believes that black lives matter,” and the third, “Upset at police brutality.” In the center overlap it says, “Me,” and notes at the bottom, “Guess what? It’s okay to believe all three.” Recognizing that our police are overwhelmingly sincere and well-intentioned, doing a tough job and under a lot of pressure doesn’t mean not recognizing that there are areas of change that are needed, particularly in accountability and often in attitudes towards the public. It’s hard for anyone to maintain a positive and collaborative attitude when you see so much of the darker side of society, but it’s part of the job.

We also need to understand that just because not all of us feel intimidated or bullied does not mean it is not the valid experience of many, particularly members of minority groups. Those experiences matter. As a member of a disenfranchised minority group – people with a history of mental illness – I have shared that experience personally.

That extends to the broader issues of the criminal justice system, education, employment and all sectors of society. Slavery was legal in our country for almost 250 years; the era of widespread public lynching ended only in about 1950; brutality against civil rights leaders was within the lifetime of even more of us. It shouldn’t be a surprise that we still have much to overcome.

No one is being asked to apologize for being white, but rather to simply recognize that we have benefitted historically and still benefit from the systems that evolved as a result of slavery. Saying black lives matter isn’t saying white lives don’t. It is saying that our social systems still treat black lives as though they don’t matter as much, and that’s wrong. The focus should not be on being defensive. We should be thinking about what each of our personal roles should be in helping to build a more equitable society.

And yes, it impacts Vermont. The debate shouldn’t be whether or not we need this to be on our agenda as a state; it should be, instead, a healthy dialogue about what the best means are to move forward – which also means listening to our friends and neighbors who live with these impacts.

Vermont is offering us a good opportunity for starting that discussion in this year’s “Vermont Reads” program of Vermont Humanities, which is now in its 18th year. The program invites people across the state to read the same book and participate in a wide variety of community activities related to the book’s themes. The Hate U Give by Angie Thomas was chosen last year as the book for 2020, and it was a prescient choice. This year the Brown Public Library and the Northfield Equity Awareness and Justice Group will be collaborating to host the Community Wide Vermont Reads Book Discussion as an outdoor, socially distanced event on Tuesday, September 29 at 6 pm. A limited number of copies of the book are available at the library by phone or email request.

***

Please feel free to contact Rep. Ken Goslant (kgoslant@leg.state.vt.us) or me (adonahue@leg.state.vt.us) at any time with you inquiries or input. It is an honor to serve you. 

Wednesday, August 5, 2020

Legislative Update on Available COVID Grants

Interim Legislative Update: COVID Relief Funds

Rep. Anne Donahue

August 5, 2020

 

Hello folks,

This is an interim update about what is rolling out and available in COVID-19 relief funds that were passed by the legislature in June. We will be back in session on August 25 to begin the work on the budget for the remaining two thirds of the session.

Please remember the primary on August 11! Voting will still be available in person. If you have not sent an absentee ballot by mail yet, it is being recommended that you DO NOT rely on it getting there by mail in time to be counted. If you want to vote absentee, you can still turn the ballot it by hand to the town clerk’s office. For the general election on November 3, ballots will be mailed to everyone who is on the voter checklist. If you are not registered, you still need to do so. Polling places will still be open for those who prefer to vote in person.

 

Relief components of Vermont CARES appropriations

These range from not-yet-available to already in place with first-come-first-served and date cutoffs this month.

 

Overview of supports for individuals:

-                        Utility cutoff fund, $8 million, Public Service Department. Not yet in place because it applies after the moratorium on cutoffs ends, currently set for September 30.

-                        The Vermont State Housing Authority was provided with $25 million for rental arrearage to prevent evictions. Applications available now. www.vsha.org/rental-housing-stabilization-program/

-                        Department of Housing and Community Development was provided with $5 million to prevent foreclosures. Applications will be accepted until August 31 unless funds run out sooner. www.vhfa.org/map/

Indirect support to individuals.

-                        A program is being created with $5 million for restaurants to provide food to individuals. There is current an RFP for community organizations to apply to run the program; applications taken on a rolling basis and reviewed when received and continuing until funds are fully allocated. www.sevca.org/vt-everyone-eats Participating restaurants will be paid $10/meal; go to SEVCA website.

-                        The hazard pay grant program ($28 million) goes through employers. Applications are now open, first-come-first-served. Employees should reach out to their employer directly and refer them to program guidance located on the website. dvha.vermont.gov/front-line-employees-hazard-pay-grant-program. (Municipal employees are not eligible, but municipalities can receive grants for COVID expenses through the Agency of Administration, which can include providing hazard pay; $13 million appropriated. aoa.vermont.gov/)

-                        Landlords can receive grants of up to $30,000 to renovate and get blighted properties back on the rental market. ($6.2 million total) Department of Housing and Community Development; program not yet listed as underway.

 

Businesses overview

-                        Internet connectivity to underserved communities, $12 million. RFP process open is currently open for internet providers; the deadlines for proposals for the first two of three rounds are August 14 and August 21. publicservice.vermont.gov/content/connectivity-initiative-0

-                        The business grant program is now taking applications, $150 million, first-come, first-served; applications currently open. accd.vermont.gov/covid-19/economic-recovery-grants.

-                        Health care entities (including small/independent practices), $275 million, applications now open, deadline August 15. humanservices.vermont.gov/

 

Program details

Utilities

The Department of Public Service received $8 million to prevent disconnection; takes effect after the temporary moratorium ends; moratorium currently extends to September 30. (Program application process not yet listed, likely due to the delayed effective date.)

Statute:

Act 137. An act relating to COVID-19 funding and assistance for broadband connectivity, housing, and economic relief.

Sec. 20. DEPARTMENT OF PUBLIC SERVICE; UTILITY RATEPAYER ARREARAGES The sum of $8,000,000.00 is appropriated to the Department of Public Service for the purpose of simultaneously minimizing financial hardship caused by the COVID-19 public health emergency and also mitigating utility rate increases ultimately shared by all ratepayers, the Commissioner of Public Service shall develop policies and practices for providing financial support to utility ratepayers to cover account arrearages of ratepayers likely to face disconnection when the moratorium ends.

 

Housing

The Vermont State Housing Authority was provided with $25 million for rental arrearage. Information is at www.vsha.org/rental-housing-stabilization-program/

The Department of Housing and Community Development was provided with $5 million to prevent foreclosures. VHFA intends to prioritize applicants with lower incomes, but given the limited amount of funds and the limited time to review applications and distribute awards there is no assurance that any individual application will be funded. Applications will be accepted between July 13 and August 31 (this period may be shortened with little to no notice if application volume exceeds expectations). Information at www.vhfa.org/map/

The Department of Housing and Community Development was provided $6.2 million for grants to landlords to repair blighted property to get it back on the rental market. There are no announcements yet about this program.

Statute:

Sec. 11. COVID-19 RESPONSE; HOUSING

(3) Foreclosure protection. $5,000,000.00 to the Department of Housing

and Community Development for a grant to the Vermont Housing Finance

Agency to provide financial and technical assistance to stabilize low- and

moderate-income homeowners and prevent home foreclosures for Vermont

families.

(4) Rental assistance; eviction protection. $25,000,000.00 to the

Department of Housing and Community Development for a grant to the

Vermont State Housing Authority, which shall administer the distribution of

funds to landlords on behalf of tenants in need of rental arrearage assistance.

 (5) Rehousing investments.

(A) Creation of Program. The amount of $6,200,000.00 is appropriated to the Department

of Housing and Community Development to

design and implement a Re-housing Recovery Program to provide funding to

statewide and regional housing partner organizations for grants to eligible

applicants… (I) A property owner may apply for a grant of up to $30,000.00

per unit. (II) To be eligible, a unit must be blighted, vacant, or otherwise

not comply with applicable rental housing health and safety laws.

 

Food

An allocation of $5m is for a new program called Everyone Eats, which supports restaurants feeding Vermonters in need. Southeastern Vermont Community Action (SEVCA), the fiscal agent for the program, is requesting proposals from community organizations around the state to further these programs in the months ahead. Visit the SEVCA website for more information and to submit a proposal. Participating restaurants will be paid $10/meal and at least 10% of the ingredients for each meal must be sourced from local farms and value-added food producers. Interested restaurants should contact SEVCA. www.sevca.org/vt-everyone-eats

Statute: (3) $5,000,000.00 to the Agency of Commerce and Community

Development to grant to Southeastern Vermont Community Action to act as

fiscal agent for a statewide program, Restaurants and Farmers Feeding the

Hungry, the purpose of which is to provide assistance to Vermonters who are

food insecure due to the COVID-19 public health emergency by engaging

Vermont restaurants that have suffered economic harm due to the COVID-19

public health emergency to prepare meals using foodstuffs purchased from

Vermont farms and food producers… (B) Under the Program, SEVCA and partners shall:

(i) establish multiple community-scale hubs across Vermont to

coordinate restaurant engagement and distribution of not fewer than 15,000

meals per week…

 

Connectivity

“The Department of Public Service is issuing a new round of Connectivity Initiative funding along with the newly-created Get Vermonters Connected Now Initiative ("GVCNI"). This grant cycle will be funded by the Coronavirus Relief Fund, and is subject to its restrictions. H.966, which establishes the GVCNI, directs the Department to prioritize underserved locations with K-12 students, teleworkers, and those with identified telehealth needs. The Department will publish peridically-updated lists of eligible and priority addresses. Priority addresses are defined as: Locations lacking a connection faster than 4/1Mbps; Locations with a K-12 student lacking a 25/3 Mbps connection; Locations with a remote worker lacking a 25/3 Mbps connection; Locations with telehealth needs lacking a 25/3 Mbps connection.” The Department is making $12 million available for grants, which will be distributed in three funding rounds of $4 million each. The upcoming deadlines for proposal submission are August 14 and August 21. For more information, see publicservice.vermont.gov/content/connectivity-initiative-0

Statute: Sec. 13. COVID-RESPONSE ACCELERATED BROADBAND

 CONNECTIVITY PROGRAM

(a) The sum of $17,433,500.00 is appropriated to the COVID-Response

Accelerated Broadband Connectivity Program, a newly established program

administered by the Commissioner of Public Service, consistent with the

requirements of this section. The purpose of the Program is to rapidly and

significantly increase broadband connectivity consistent with the federal

parameters applicable to expenditures under the Coronavirus Relief Fund in a

manner that best serves the State’s goal of achieving universal 100 Mbps

symmetrical service by 2024 as specified in 30 V.S.A. § 202c. To achieve this

purpose, the Commissioner is given broad discretion to allocate funding, as he

or she deems appropriate, subject to legislative oversight as required under

subsection (m) of this section, to support the following programs and

initiatives: (multiple subparts)

 

Hazard Pay Grants

The Front-Line Employees Hazard Pay Grant Program is for certain public safety, public health, health care, and human services employers whose employees were engaged in activities substantially dedicated to mitigating or responding to the COVID-19 public health emergency during the eligible time period, March 13, 2020 through May 15, 2020. The Agency of Human Services (AHS) is administering this program. The application period is August 4 through October 31 or until grant funds are depleted, whichever is earlier. Only covered employers may apply for this grant opportunity on behalf of their employees, employees should reach out to their employer directly and refer them to program guidance located on the website. dvha.vermont.gov/front-line-employees-hazard-pay-grant-program

Statute: Act 136. An act relating to health care- and human services-related appropriations from the Coronavirus Relief Fund.

Sec. 6. FRONT-LINE EMPLOYEES HAZARD PAY GRANT PROGRAM

(a)(1) There is established in the Agency of Human Services the Front-Line

Employees Hazard Pay Grant Program to administer and award grants to

certain public safety, public health, health care, and human services employers

whose employees were engaged in activities substantially dedicated to

mitigating or responding to the COVID-19 public health emergency during the

eligible period.

(2) The sum of $28,000,000.00 is appropriated from the Coronavirus

Relief Fund to the Agency of Human Services in fiscal year 2021 for the

administration and payment of grants pursuant to the Front-Line Employees

Hazard Pay Grant Program established in subdivision (1) of this subsection.

 

Local government

Cities, towns, villages, and other government entities may apply for funding through the Agency of Administration, which will administer a special grant fund and issue grants to units of local government to reimburse eligible COVID-19 expenses incurred on or before December 30, 2020, including hazard pay, supplies and equipment, sanitation, facility alterations, overtime compensation, redirection of staff for first-response needs, and any other eligible COVID-19 expenses not covered by other funding sources, including funding provided by the Federal Emergency Management Agency. aoa.vermont.gov/

Statute: Act 136. Sec. 7. COVID-19 EXPENSE REIMBURSEMENT; LOCAL

 GOVERNMENT

(a) The amount of $13,000,000.00 is appropriated from the Coronavirus

Relief Fund to the Agency of Administration for the purpose of issuing grants

to units of local government to reimburse eligible COVID-19 expenses

incurred on or before December 30, 2020, including hazard pay, supplies and

equipment, sanitation, facility alterations, overtime compensation, redirection

of staff for first-response needs, and any other eligible COVID-19 expenses

not covered by other funding sources, including funding provided by the

Federal Emergency Management Agency.

 

Business grants

ACCD and the Department of Taxes are administering Economic Recovery Grants for certain business types. Other state agencies are also administering grants for other types of businesses. Applications are first-come, first-served until funds run out.  Grant guidelines and links for all business grants are available at accd.vermont.gov/covid-19/economic-recovery-grants

 

Health care grants

The Agency of Human Services is administering a $275 million Health Care Provider Stabilization Grant Program for a broad array of healthcare providers including: hospitals, private medical practices, dentists, health centers, laboratory and imaging centers, mental health providers, substance abuse disorder treatment providers, emergency medical service and ambulance providers, physical therapists, podiatrist, optometrists, chiropractors, and other health care providers licensed by the Board of Medical Practice or the Office of Professional Regulation. This also includes home health and hospice agencies, pharmacy services, and long-term care providers. Providers have until August 15 to submit applications for funding. Funding will be allocated based on need, to the extent that funds are available. humanservices.vermont.gov/