I hope you take comfort in knowing that, for the most part, politics has been set aside in NC while we face the COVID-19 crises. While philosophical differences still exist, but we’ve been able to work past those for now. This legislative week has been the culmination of many conferences and activities to help get our state back on track.
The following articles contain some of the topics on which I thought you would be most interested.
Wishing for your health and safety,
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Chuck Edwards, Senator
NC District 48
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NC House and Senate Pass COVID-19 Relief Bills
T
he General Assembly returned to Raleigh last week for the beginning of the 2020 short session and to address immediate needs related to COVID-19. The COVID-19 relief bills from the House and Senate are the product of weeks of good-faith negotiations, had sincere bipartisan support, and quickly passed through committees with consensus. Legislators did not spend any state dollars, but allocated funds from the federal government's
Coronavirus Aid, Relief, and Economic Security (CARES) Act
.
In order to abide by social distancing guidelines, committee meetings were held remotely, and both chambers adopted procedural rules to allow for flexibility when voting on bills in-person.
On Wednesday night, the Senate unanimously voted to pass its
COVID-19 Recovery Act
,
which appropriated $1.4 billion in federal funding. On Thursday, the House passed its
Pandemic Response Act
,
which appropriated $1.7 billion from the CARES Act. Governor Roy Cooper released his
proposal for a COVID-19 response bill
,
which appropriated $1.4 billion from the CARES Act. Several provisions from the Governor's proposal were included in the House and Senate's final bills. However, Governor Cooper's proposal did not include any direct financial support for hospitals, physician practices, or vaccine research.
On Monday, May 4, Governor Cooper signed into law the COVID-19 crisis funding bill unanimously passed by the North Carolina General Assembly on Saturday, May 2, 2020. The roughly $1.5 billion package addresses a variety of provisions, including economic support, education, health care, and provisions for the continuity of state government and regulatory relief.
Appropriation Highlights
- $75 million for school nutrition
- $11 million for the Department of Public Instruction to improve internet connectivity for students by providing internet access devices
- $30 million for schools to purchase devices for students in response to COVID-19
- $5 million for electronic devices for school staff in response to COVID-19
- $4.5 million for cybersecurity
- $10 million for student health programs
- $70 million for summer learning programs
- $1.48 million for enhancing the state's learning management platform
- $3 million for non-digital learning instructional resources
- $15 million for exception children programs
- $660,029 for residential schools
- $5 million for the Department Public Instruction's Extended Learning and Integrated Student Supports (ELISS) Grants
- $25 million for the Community College System to respond to COVID-19 impacts
- $44.4 million for the UNC System to respond to COVID-19 impacts
- $20 million for independent and private colleges to respond to COVID-19 impacts
- $85.1 million for COVID-19 research, including $29 million for the UNC Collaboratory,
- $20 million for Wake Forest University Health Services, $15 million for Duke University's Human Vaccine Institute, $15 million to the Brody School of Medicine at East Carolina University, and
- $6 million to the Campbell University School of Osteopathic Medicine
- $25 million for testing, tracing, and trends related to COVID-19
- $20 million for additional public health capacity, including increasing nursing capacity, number of community health workers, telehealth services and providing infection control support and training in nursing homes and adult care homes
- $20 million for enhanced behavioral health and crisis services to respond to COVID-19, including diverting individuals experiencing behavioral health emergencies from emergency departments
- $50 million for purchasing additional PPE
- $19 million for food, safety, shelter, and child care
- $6 million for food banks
- $2.25 million for foster care support
- $25 million for facilities that serve Special Assistance recipients
- $50 million for rural and under-served communities
- $65 million for rural hospital support
- $5 million for free and charitable clinics
- $1.5 million for NC MedAssist
- $15 million for the Teaching Hospitals Relief Fund
- $15 million for the General Hospital Relief Fund
- $300 million for the DOT Coronavirus Relief Fund, if allowed by the federal government
- $150 million for local government grants to support immediate COVID-19 needs
- $150 million for the Local Government Coronavirus Relief Reserve, if permitted by the federal government
- $20 million to support fee-supported state operations, if allowed by the federal government
- $70 million for continuity of government operation needs, including covering overtime costs, purchasing PPE, sanitation and hygienic supplies, and critical information technology equipment
- $15 million for animal depopulation and disposal
- $125 million for small business loans through Golden LEAF
- $290,000 for the LINKS program
- $5 million for the Association of Community Health Centers
- $5 million for Visit NC marketing
- $1.8 million for the Old North State Medical Society
- $9 million for the GREAT program to expand access to broadband internet
Both chambers only addressed short-term COVID-19 needs and are planning to return in a couple of weeks once there is more clarity on the amount of federal funding coming to North Carolina and to assess the state revenue impact from COVID-19. It is the first step in what will be a long road to recovery, and we appreciate the positive, collaborative spirit in which all sides approached this.
We've come together to fund immediate needs, support research, and lift those hit hardest by the virus's economic impact. I appreciate the tireless work of my colleagues and legislative staff to approve powerful support for families, businesses, hospitals, schools, local governments, and many more critical needs to help safely reopen our economy sooner.
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Buncombe County Jobs Recovery Act Passed
in COVID-19 Recovery Act
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On Friday, April 24, I, along with Buncombe County Commissioner and Buncombe County Tourism Development Authority Board Member Joe Belcher and Buncombe County TDA Board Chair Gary Froeba,
announced a collaborative effort
to jump-start the county's tourism sector and restore critical jobs impacted by COVID-19.
On Tuesday, April 28, I filed
S705
Buncombe County Tourism Jobs Recovery Act
to provide financial assistance to tourism-related businesses facing unprecedented hardships created by the stay-at-home order through a Tourism Jobs Recovery Fund established by the Buncombe County TDA.
Neither the Senate nor the House would consider local bills to prioritize and respond to the COVID-19 significant problems facing our state. After initially being told "no" by key decision-makers in the Senate, I continued to work with legislators in both chambers on each side of the aisle to get S705's language inserted into
S704
COVID-19 Recovery Act
conference report. Despite this significant obstacle, in addition to the resistance by many legislators to make changes to occupancy tax laws, I was successful.
On Monday, May 4, Governor Roy Cooper signed into law the COVID-19 crisis funding bill unanimously passed by the North Carolina General Assembly on Saturday, May 2, 2020. The roughly $1.5 billion package included the Buncombe County Tourism Jobs Recovery Act provision.
Funds of Buncombe County TDA Available for Small Business Grants -
The provision allows the Buncombe County Tourism Development Authority (TDA) to provide up to $5 million to be directed towards grants to assist small businesses located in Buncombe County that have closed or been otherwise significantly affected due to the COVID-19 pandemic. The grants will cover the costs of recommencing business activities.
Specifically, the grants are available to Buncombe County businesses that:
- Existed before January 1, 2020, and "promote tourism and patronage lodging facilities in the county, including, at a minimum, restaurants, retail establishments, studios and galleries, visitor attractions, tours and activities, breweries, wineries, cideries, distilleries, entertainment and event venues, and other providers of food, drink, or entertainment to patrons." Companies that provide lodging are not eligible for the grant.
- Employed at least two but nor more than 200 full-time equivalent employees on March 10, which is when North Carolina's state of emergency was declared.
- Ceased and have not restarted operations due to economic loss stemming from the virus or can otherwise demonstrate significant financial loss and change in operations.
- Provide detailed business plans for recommencing operations or resuming normal operations following the state of emergency, showing that the ongoing business concern is sustainable for at least one year.
- Conduct activities that will significantly increase the patronage of lodging facilities in Buncombe County.
Grants can be for up to $50,000, and independently owned businesses will receive priority. The funding will come from unspent funds currently remaining in the Tourism Product Development Fund, which comes from a portion of the occupancy tax paid by people who visit and stay overnight in commercial lodging facilities in Asheville and Buncombe County.
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Paycheck Protection Program is Back!
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Attention small businesses, nonprofits, and faith-based organizations!
Funding is still available through the
Paycheck Protection Program (
PPP
).
The SBA North Carolina District is sponsoring a webinar on
May 7th at 9 am
to review eligibility, the application process, loan use, etc.
The PPP is an SBA loan program that helps eligible businesses and nonprofits (including faith based organizations) keep their workforce employed during the COVID-19 disaster. The PPP is designed to provide a direct incentive to keep workers on the payroll.
SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities.
You can apply through any existing SBA 7(a) lender or through any other approved PPP lender.
Resources:
EIDL Inquiries:
If you have questions regarding your EIDL application, please be aware that the district office does not have access to the disaster loan database. Such inquiries must be directed to:
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UPDATE:
Unemployment Insurance Claims
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North Carolina has now hit over a million workers who have filed for unemployment insurance benefits in less than two months. One in every five people in the state labor force is now out of work. That means nearly 20 percent of North Carolina's workforce had filed a claim since March 15, when the state started logging claims related to COVID-19 shutdowns. It's almost 10 percent of the state's entire population.
So far, the system has paid out $1.27 billion, mostly in federal money included in a stimulus bill to boost payments by $600 a week. Otherwise, the state's maximum weekly unemployment payout would be $350.
Being found ineligible for state unemployment insurance does not make you ineligible for federal assistance. The federal CARES Act provides for three (3) temporary unemployment compensation programs due to COVID-19:
- Federal Pandemic Unemployment Compensation (FPUC) - This federal program provides an additional $600 in weekly unemployment insurance benefits to eligible claimants. DES anticipates making the first payments by April 17, 2020.
- Pandemic Unemployment Assistance (PUA) - This federal program provides unemployment compensation for individuals who are unable to work as a direct result of COVID-19 and are not eligible for regular state unemployment benefits, such as independent contractors or self-employed workers. Apply at des.nc.gov beginning April 24, 2020. Pandemic Unemployment Assistance line: (866) 847-7209. (NOTE: If you are currently receiving state unemployment benefits, you are NOT eligible for PUA)
- Pandemic Emergency Unemployment Compensation (PEUC) - This federal program provides up to 13 additional weeks of benefits for those who have exhausted their state unemployment benefits. A definitive timeline for completing system updates for this program is not yet available.
Resources
:
- How do I file a UI claim? Read this tip sheet on how to apply for unemployment insurance benefits.
- Questions about your claim? DES has updated their FAQs about Unemployment Insurance.
- Are you a contract worker (1099) or self-employed? Read this tip sheet on how to apply for unemployment benefits through the federal Pandemic Unemployment Assistance (PUA) Program.
- I need help! Who can I contact for claim or account assistance?
- DES Customer Call Center: (888) 737-0259
- Pandemic Unemployment Assistance (PUA): (866) 847-7209
- Account Assistance: (888) 372-3453 or email: NCDESpasswordhelp@nccommerce.com
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Small Businesses: Apply now for a NC Rapid Recovery loan
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The Golden LEAF Board of Directors took action in response to
House Bill 1043
. The bill includes $125 million to provide grants to entities for the purpose of making loans to assist small businesses affected by the economic impact of COVID-19.
The Board modified the terms of the existing NC COVID-19 Rapid Recovery Loan Program to align with the provisions of the bill.
Effective Monday, May 4, loans made from the program to small businesses will include a limit on the number of employees per business, a minimum interest rate for the first six months of the loan term, and an increased time for repayment.
View Rapid Recovery Loan Program FAQs
HERE
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Governor Cooper's 3-Phase Reopening Plan
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Governor Roy Cooper announced that the stay-at-home order in North Carolina would be
extended until May 8th
,
which includes extending the closure of all non-essential businesses. The Governor outlined a three-phase plan for reopening the economy, dependent upon the state reaching seven (7) key metrics.
In order to lift restrictions, the state would need to record:
- a continued decrease in COVID-like syndromic cases;
- a decrease or sustained leveling in the number of cases;
- a decrease in the percentage of positive tests;
- a decrease of sustained leveling in the number of hospitalizations;
- the ability to complete 5,000-7,000 tests per day;
- an increase in the number of contact tracers to 500; and
- an adequate supply of personal protective equipment for at least 30 days ahead.
Phase 1
of the Governor's plan to reopen the economy would: modify the current stay-at-home order to allow people to leave home for commercial activity at certain businesses; ensure that open stores implement appropriate social distancing and sanitation protocols; continue to limit gatherings to no more than 10 people; reopen parks; continue to recommend face coverings; encourage workers to continue teleworking policies; and continue restrictions on nursing homes and congregate care settings. Local emergency orders with more restrictive measures could remain in place.
Phase 2
, which could occur at least two to three weeks after Phase 1, would: lift the stay-at-home order with strong encouragement for vulnerable populations to continue staying at home; allow limited opening of restaurants, bars, fitness centers, personal care services, and other businesses with the potential for reduced capacity; allow gathering at places such as houses of worship and entertainment venues at reduced capacity; increase the number of people allowed at gatherings; open public playgrounds; and continue restrictions on nursing homes and other congregant care settings.
Phase 3
, which could occur at least four to six weeks after Phase 2, would: lessen restrictions for vulnerable populations with encouragement to continue practicing social distancing; allow increased capacity at restaurants, bars, other businesses, houses of worships, and entertainment venues; further increase the number allowed at gatherings; and continue restrictions on nursing homes and other congregant care settings.
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WATCHDOG: NC State Board of Election
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1) Expanding the NCSBE Executive Director's Powers
On March 19, The State Board of Elections posted on their website notice for public comment on Executive Director, Karen Brinson Bell's announcement to amend the rule (08 NCAC 01 .0106) under temporary rulemaking procedures, giving herself emergency powers.
The proposed rule change reads:
"G.S. 163-27.1 authorizes the Executive Director of the State Board of Elections to exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by a natural disaster, extremely inclement weather, or armed conflict, and to adopt rules describing the emergency powers and the situations in which the emergency powers will be exercised. The proposed temporary rule would amend her emergency powers to clarify that a catastrophe arising from natural causes includes a disease epidemic or other public health incident that makes it impossible or extremely hazardous for elections officials or voters to reach or otherwise access the voting place or that creates a significant risk of physical harm to persons in the voting place, or that would otherwise convince a reasonable person to avoid traveling to or being in a voting place."
The public comment period for the amended rule began March 19 - April 20. A public hearing via telephonic conference call meeting was held on April 20 at 1 PM.
Why worry? The bad news here is that, despite the widespread objections voiced at the April 20 hearing, the NC SBE can vote to do anything they want on this matter. Our reading of the statutes governing this administrative process
(
NCGS §150B
)
streamlines the process for
“temporary” rule changes
to the benefit of the agency proposing the rule change. Under the permanent rule-change laws
(
§ 150B-21.3.(b.2))
,
the Rules Review Commission is required to table a measure, “subject to legislative disapproval,” if ten or more persons express their clear objection to the rule. No such safety valve exists for temporary rules.
The NC SBE before the public hearing decided to submit the proposed rule change as a “temporary rule.” This would bypass the objection letter process, but it would still subject the rule change to review and approval by the Rules Review Commission, and, of course, the legislature could pass a law invalidating or revising the rule. The NCSBE did not act to approve the rule, but we will continue to monitor the situation to see if it pops up on a future NC SBE meeting agenda.
I do want to emphasize that this rule change would not expand the powers of the NC SBE Executive Director. She already has emergency power under
GS 163-27.1
as follows, “The Executive Director, as chief State elections official, may exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by any of the following: (1) A natural disaster.”
Given NC SBE Director Bell’s legislative recommendations (below), we have grave concerns because we’ve seen what Director Bell would do if she had the power. Any of them could be implemented simply by the Governor declaring a “state of emergency.” The NCAC change includes a small caveat that troubles us greatly: It depends on the meaning of the word, reasonable, as in whether a reasonable person would be too scared to go vote.
Since these rules are only temporary, these changes will all go away in a mere 270 days. Do the math...
2) NCSBOE's Requests & Legislative Recommendations for Election-related COVID-19
On March 26, NC State Board of Elections Director, Brinson Bell, submitted a
wish list of measures
that, if adopted, would set the table for a California-style election and ensure the most corrupt side would win every future contest throughout North Carolina.
On April 22, NC SBE submitted an updated memo urging the state legislature to enact a slate of measures that would make it harder than ever to conduct open and honest elections in North Carolina. While there were four main topics to Brinson Bell’s agenda, the two primary efforts would either dramatically increasing the volume of absentee ballots in county offices or they would further weaken the law designed to prevent absentee ballot harvesting and nursing home voting abuses.
- Increase the demand for absentee voting
- Taxpayers fund postage for returned absentee ballots
- Expand options for absentee request (without creating a "wet signature" on paper)
- Establish an online portal for absentee requests (price tag of $398,000 per year, plus a $25,950 “configuration fee” but not on fraud-prevention software)
2. Accommodate the increased ballots that the above measure would generate
- "Temporarily" suspend election-related contracting laws
- Modify procedure for counting Election Day ballots
- Clarify authorization for telephonic meetings
3. Federal "free money" spending requests and suggestions
- CARES Act funding & Match HAVA funds ($10,897,295 in CARES Act funds but NCGA must agree to provide the State match requirement of 20% = $2,179,459)
- Increase pay for poll workers
- Make Election Day a holiday
4. Increasing voter turnout
- "Temporarily" modify restrictions on assistance in care facilities
- Eliminate poll worker residency requirements
- Expand student poll worker program
- Modify one-stop site and hour requirements
- Reduce or eliminate the witness requirement
- Inclusion of a HAVA (non-photo) "ID" with any absentee ballot request forms
Don't forget Brinson Bell's boss is Governor Roy Cooper, who vetoed voter ID law and vetoed legislation that would have helped election officials find and remove non-citizens on the voter rolls. Let’s see how this all plays out before we start enacting panic-driven legislation for an election that’s 6-8 months away.
As the COVID-19 crisis continues, we see an unsettling pattern emerging. The current administration is promoting anything that makes it easier to cheat in elections, while they save any measures that mitigate voter fraud for later. North Carolina deserves better.
The legislature is working on election legislation that would limit the use of executive powers in this election in regards to mailing absentee ballots to voters who did not request them, waiving requirements related to ballot harvesting, or changing early voting hours requirements. I do not expect the bill to be on the agenda in the next few weeks but it will be taken up at some point during the short session.
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Many WNC Employers are Hiring!
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WNC Immediate Employment Opportunities -
Always Best Care, Baxter Healthcare, Columbia Forest Products, EnPlas, Express Professionals, Gaia Herbs, GF Linamar, Givens Communities, Hunter Automotive, Jacob Holm Indus, Survival Innovations, Thermo Fisher Scientific, UPM Raflatac, TVS & more.
See full list of WNC companies hiring
HERE
Statewide Immediate Employment Opportunities -
Economic Development Partnership of NC (EDPNC): Statewide positions and job opportunities by prosperity zone.
See full list of statewide opportunities
HERE
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- USA TODAY reports on stimulus checks. When are they coming? Read the full story HERE.
- Coronavirus Test Tracker: Click HERE.
- Wash your hands and continue to practice social distancing.
- Create face masks to help prevent the spread of germs in public. Click HERE to get DIY tips from the Center of Disease and Control.
- Coronavirus Emergency Loans, Small Business Guide and Checklist click HERE.
- NC DHHS: NC Updates on COVID-19.
- DHHS: WHAT TO DO IF YOU FEEL SICK.
- Text COVIDNC to 898211 to get alerts about Coronavirus in NC.
- Toll-free number 1-888-600-1685 to connect families in need of childcare options.
- Toll-free Hope Line 1-866-578-4673 for older adults experiencing isolation from social distancing.
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Follow me on Facebook
& Twitter and visit my
website
for the most current legislative updates
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