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A-2020-122 Could Fund petymrents be used for capital baprnvenreat proJects that bronrllyprovide potential economic development in a community? In general, no. if capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs. The Guidance includes workforce bonuses as an exannple of ineligible expenses but provides that hazard pay nvould be eligible if otherwise tleterrrtined to be a rnecesstny expense. Is there a specific definition of "hazard pay"? Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. The Guidance provides that ineligible expenditures include "[playroll or benefits expenses for employees whose work duties are not substantially dedicated to ntitigatitrg or responding to tine COVID-19 public health emeergency." Is this intended to relate ordy to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short -tern loans) to private employers are not subject to the restriction that the private employers' employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May counties pre -pay with CARES Act funds for expenses such as a Oise or two year facility lease, such as to house stuff hired in response to COVID-19? A government should not matte prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. Most a stay-atdrarne order or otter public health mandate be in effect in order for a government to provide assistance to susall businesses using paymnenis firont the Fund? No. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Such assistance may be provided using amounts received from the Fund in the abscnce of a requirement to close businesses if the relevant government determines that such expenditures are necessary in response to the public health emergency. 20A-25