§100.43. Coronavirus Local Recovery Allocation Program
A. There is hereby created the Coronavirus Local Recovery Allocation Program to
be administered by the commissioner of the division of administration, in consultation with
the Governor's Office of Homeland Security and Emergency Preparedness, in accordance
with the provisions of this Subpart.
B. There is hereby created and established in the state treasury, as a special fund, the
Coronavirus Local Recovery allocation fund, hereinafter referred to as the "allocation fund"
for the purpose of providing monies to local governments for the expenditures incurred and
in response to the COVID-19 pandemic.
C.
(1)Pursuant to legislative appropriation, the treasurer is hereby authorized and
directed to deposit in and credit to the allocation fund
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§100.43. Coronavirus Local Recovery Allocation Program
A. There is hereby created the Coronavirus Local Recovery Allocation Program to
be administered by the commissioner of the division of administration, in consultation with
the Governor's Office of Homeland Security and Emergency Preparedness, in accordance
with the provisions of this Subpart.
B. There is hereby created and established in the state treasury, as a special fund, the
Coronavirus Local Recovery allocation fund, hereinafter referred to as the "allocation fund"
for the purpose of providing monies to local governments for the expenditures incurred and
in response to the COVID-19 pandemic.
C.(1) Pursuant to legislative appropriation, the treasurer is hereby authorized and
directed to deposit in and credit to the allocation fund five hundred fifty-five million four
hundred seventy-eight thousand seven hundred four dollars of the federal monies allocated
to Louisiana pursuant to Section 5001 of the CARES Act. The monies in the allocation fund
shall be invested in the same manner as monies in the state general fund. Interest earned on
the investment of monies in the recovery fund shall be deposited in and credited to the
allocation fund. Except as provided in this Section and if applicable under federal
guidelines, unexpended and unencumbered monies in the allocation fund shall remain in the
allocation fund. Monies in the allocation fund shall be appropriated and used solely as
provided in this Section.
(2) The treasurer shall transfer and deposit twenty-five million dollars of the monies
in the allocation fund to the Critical Infrastructure Workers Hazard Pay Rebate Fund in the
state treasury.
D. From the initial amount deposited into and credited to the allocation fund, an
amount equal to one-half of one percent shall be available for appropriation to GOHSEP to
be used for administering the program. GOHSEP is hereby authorized to use staff as
necessary from the office of community development for administrative and technical
support. An additional amount equal to one-half of one percent of the initial amount
deposited into the fund shall be available to be appropriated to the legislative auditor for the
costs of reviewing the program. The remaining monies in the allocation fund shall be
available to GOHSEP to provide funds to political subdivisions in Fiscal Years 2020 and
2021 pursuant to the allocation program as established in this Section.
E. The commissioner of administration, in consultation with GOHSEP and the office
of community development in the division of administration, shall develop procedures to
govern the administration of the program, and determine the maximum allocation of monies
in the allocation fund available for each parish to submit eligible applications for funds. The
commissioner may promulgate emergency rules, as necessary for the administration of this
program. The commissioner shall institute the program no later than June 5, 2020. The
commissioner shall cause information regarding the program to be published on the websites
of the state, the division of administration, and GOHSEP. The commissioner shall notify
each parish of the provisions herein.
F. The commissioner of administration shall develop a method to determine the
maximum allocation for each parish based on total population of the parish and the number
of confirmed cases of COVID-19 within the parish. The commissioner shall notify each
applicant that there is no guarantee that the amount of funds received by the local
government units of a parish shall equal the maximum amount allocated to the parish. If on
November 1, 2020, any parish has an unobligated portion of their allocation, the unobligated
portion may be moved by the commissioner of administration to other parishes which have
used all of their allocation and have remaining submissions, subject to approval of the Joint
Legislative Committee on the Budget.
G. The monies allocated to local government units in each parish shall only be for
eligible expenses as provided in the CARES Act.
H. Within fifteen calendar days after receiving a submission for reimbursement
pursuant to this Section, GOHSEP and the division of administration shall review and, if
eligible, approve the submission, and forward the approved eligible expenditures to
GOHSEP for disbursement. Funds for verified claims shall be disbursed by GOHSEP within
five business days of receipt by GOSHEP.
I. Any claims for expenses incurred after December 30, 2020, or submitted to the
division of administration after January 31, 2021, shall be ineligible for payment pursuant
to the provisions of the CARES Act.
J. No later than the fifteenth day of each month, the director of GOHSEP and the
commissioner of administration jointly shall submit a report to the Joint Legislative
Committee on the Budget detailing by parish the amounts requested for reimbursement
pursuant to this Section, the amounts actually reimbursed, and the average time for
disbursing funds to each parish.
K. Each local governmental unit shall provide a certification, on a form developed
by the commissioner of administration and GOHSEP, signed by the authorized chief
executive of the local government that the proposed uses of the funds are consistent with the
CARES Act. The certification shall also provide that the local government unit shall hold
the state harmless and indemnify the state in the event that payments were misappropriated,
converted, and/or spent for any purpose other than those authorized by and in accordance
with the CARES Act as determined by any executive, administrative, or judicial body of
competent jurisdiction.
L. Any unobligated balance in the fund on June 30, 2021, shall be transferred to the
State Coronavirus Relief Fund.
NOTE: See Acts 2020, 1 st Ex. Sess., No. 10, §13, re: eff. date of Paragraph
(C)(2).