Municipal Finance: Interpreting the American Rescue Plan Final Rule
Greater Flexibility, Lost Revenue Provision, Infrastructure, Non-Federal Matching

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Government
- event Date
Tuesday, May 10, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will offer municipal attorneys much needed direction about the Final Rule promulgated under the American Rescue Plan Act in connection with Coronavirus State and Local Fiscal Recovery Funds (SLFRF), as well as offer strategies for taking full advantage of its benefits.
Faculty

Mr. Moore is the Deputy Chief of the Municipal Finance Division for the New York City Law Department and has worked at the Law Department for over ten years. He has represented New York City on numerous complex transactions for the Municipal Finance Division relating to the City's General Obligation, Transitional Finance Authority and Water Authority bond matters, including the City’s variable rate debt program and alternative financing, such as subject to appropriation structures for the City. Mr. Moore also works with the Economic Development Division where he successfully led several economic development projects in the five boroughs. The City’s clients involved with those projects continue to rely on him for his expertise and leadership. Michael is a member of the National Association of Bond Lawyers and has presented on panels at NABL’s Institute, Essentials and the Workshop conferences.

Ms. Welsh is a Principal at Squire Patton Boggs with over two decades experience advancing municipalities’ priorities before the federal government. Recognized for her expertise in the federal budget and appropriations processes, she has had particular success securing federal funding and financing for her clients through congressional appropriations and authorizations, as well as from agencies’ discretionary and competitive grant programs. As municipal governments and public agencies supported the brunt of the unprecedented expenditures and revenue loss related to the COVID-19 pandemic, Ms. Welsh and her team have been deeply involved with the federal response, engaging on each piece of legislation and working to ensure municipal governments were provided adequate resources and flexibility to best respond to and recover from the pandemic.
Description
The SLFRF provides more than $2.2 billion in local fiscal recovery funds, but it also raises tricky questions about expenditure eligibility, timing, accounting, reporting requirements, and other issues. Consequently, eligible funds have gone unused due to fear of violating use restrictions.
The Final Rule takes effect on Apr. 1, 2022. One of the most important changes is to the revenue loss category by offering a standard allowance for revenue loss of $10 million, allowing recipients to fund any "government services." States must act quickly to use these funds for unemployment compensation trust fund replenishment.
The Final Rule expands the guidance of allowed projects and expands the list of critical sectors and occupations eligible for premium pay, but many other eligibility requirements remain. Additionally, the Final Rule lists categories of capital projects that are presumptively ineligible.
Listen as this experienced panel discusses how the Final Rule is different from the Interim Rules and how municipal attorneys can advise their clients on the legal use of these funds.
Outline
- Introduction
- Required uses of funds
- Changes in Final Rule
- Public health response
- Assistance to households
- Assistance to small businesses and nonprofits
- Aid to impacted industries such as tourism, travel, and hospitality
- Unemployment compensation trust fund replenishment
- Tax mandate prohibition
- Tribal recipients
Benefits
The panel will review these and other critical issues:
- How does the Final Rule differ from the Interim Rule?
- When can municipalities begin disbursing funds under the Final Rule?
- What additional households and communities are presumed to be impacted?
- What changes were made to the timeline under which recipients must obligate and spend funds?
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