No. 9 - Miscellaneous

Microsoft Word - No. 9 - MiscellaneousSOUTHAMPTON COUNTY BOARD OF SUPERVISORS Regular Session i March 23, 2021
9. MISCELLANEOUS A. THE AMERICAN RESCUE PLAN ACT OF 2021
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (H.R. 1319) into law. The $1.9 trillion package is intended to combat the COVID-19 pandemic, including the public health and economic impacts. As part of the $362 billion in federal fiscal recovery aid for state and local governments, $65.1 billion is provided in direct aid to counties; Southampton County’s allocable share is projected at $3,419,424. The U.S. Treasury is expected to allocate the first tranche of payments within 60 days and a second tranche will follow approximately 12 months thereafter. The deadline to spend these funds is December 31, 2024. Official guidance on use of the funds is forthcoming, but I’ve attached a copy of the initial analysis from the National Association of Counties for your reference.
B. AGRICULTURAL DISASTER DECLARATION
The U.S. Small Business Administration has announced that Economic Injury Disaster Loans are available to small businesses, small agricultural cooperatives, small businesses engaged in aquaculture, and private nonprofit organizations in Brunswick, Greensville and Southampton counties in Virginia due to excessive rain from Aug. 3 to Nov. 30, 2020. Please find related information attached. Under this declaration, except for aquaculture enterprises, the SBA cannot provide disaster loans to agricultural producers, farmers and ranchers.
C. CORRESPONDENCE
Please find copies of correspondence attached that may be of interest.
D. NOTICES 1) SCC Notices – attached for your reference, please find copies of recent notices from
the State Corporation Commission that are required to be filed with the governing body. 2) Foreclosure Notices - Section 15.2-979 of the Code of Virginia was amended in
2013 requiring any Trustee or Substitute Trustee that conducts a sale under a Deed of Trust to provide notice to the Chief Administrative Officer. Attached for your reference, please find copies of several of these notices.
E. ARTICLES OF INTEREST
Attached for your reference, please find copies of news articles that may be of interest.
NACo Legislative Analysis for Counties: American Rescue Plan Act of 2021 | Updated: March 12, 2021 | 1
Legislative Analysis for Counties:
American Rescue Plan Act of 2021 Updated for Final Passage
INTRODUCTION On March 11, 2021, President Biden signed the American Rescue Plan Act of
2021 (H.R. 1319) into law. The $1.9 trillion package, based on President Biden’s
American Rescue Plan, is intended to combat the COVID-19 pandemic, including
the public health and economic impacts.
As part of the $362 billion in federal fiscal recovery aid for state and local
governments, $65.1 billion is provided in direct aid to counties and an
additional $1.5 billion for public land counties. The American Rescue Plan Act
also allocates hundreds of billions of dollars for public health and vaccines,
assistance for vulnerable populations, education and housing stabilization,
economic recovery assistance and direct assistance for families and individuals.
This analysis highlights key provisions for county governments.
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SUPPORTS FOR WORKERS AND EMPLOYERS 10
AGING SERVICES 11
SUPPORTS FOR SMALL BUSINESSES AND ECONOMIC DEVELOPMENT 12
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TABLE OF CONTENTS DIRECT ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS 3
STATE AND LOCAL CORONAVIRUS RECOVERY FUNDS 4
CORONAVIRUS CAPITAL PROJECTS FUND 6
LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND 7
INVESTMENTS IN VACCINE DISTRIBUTION AND HEALTH 8
VACCINE DISTRIBUTION 8
FUNDING FOR BEHAVIORAL AND MENTAL HEALTH 9
SUPPORT FOR LONG TERM CARE FACILITIES 10
EMERGENCY RELIEF FOR INDIVIDUALS AND FAMILIES 10
DIRECT FINANCIAL ASSISTANCE 10
SUPPORTS FOR WORKERS AND EMPLOYERS 12
AGING SERVICES 13
EDUCATION AND CHILD CARE STABILIZATION 14
SUPPORTS FOR SMALL BUSINESSES AND ECONOMIC DEVELOPMENT 15
TRANSPORTATION, ENVIRONMENT & EMERGENCY RESPONSE 15
FUNDING FOR TRANSPORTATION 15
ENVIRONMENTAL PROTECTION AGENCY (EPA) GRANTS 17
NACo GOVERNMENT AFFAIRS DIRECTORY 18
DIRECT ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS
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Territories ($4.5 B)
Tribes ($20 B)
Municipalities
Coronavirus Capital Projects
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CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND
Provides approximately $362 billion to help states, territories, counties, cities, and tribal governments cover increased expenditures, replenish lost revenue and mitigate economic harm from the COVID-19 pandemic. Visit the NACo COVID-19 Recovery Clearinghouse for timely resources, including county allocation estimations, updates on Treasury guidance, examples of county programs using federal coronavirus relief funds and other timely news. Distribution Formula: A total of $362 billion is allocated as follows:
• States and District of Columbia: $195.3 billion
$25.5 billion equally divided.
$169 billion allocated based on the states’ share of unemployed workers over a three-month period from Oct.-Dec. 2020.
$1.25 billion in additional aid for the District of Columbia.
• Local governments: $130.2 billion divided evenly between non-county municipalities and counties $65.1 billion in direct federal aid to all counties based on the county
share of the U.S. population (including parishes in Louisiana, boroughs in Alaska and consolidated city-county entities). Counties that are Community Development Block Grant (CDBG) recipients (urban entitlement counties) will receive the larger of the population-based share or the share under a modified CDBG allocation formula. Treasury shall allocate the first tranche of payments within 60 days of enactment.
$65.1 billion to cities and other non-county municipalities.
o With populations of at least 50,000: $45.57 billion in direct federal aid using a modified CDBG formula.
o With populations below 50,000: $19.53 billion based on each
jurisdiction’s percentage of the state’s population, not exceeding 75 percent of its most recent budget as of January 27, 2020. Aid is distributed through the states.
• U.S. Territories: $4.5 billion
• Tribal governments: $20 billion
Allowable Uses for Recovery Funds:
• Respond to or mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. These examples are intended to clarify congressional intent that these activities are eligible. However, state and local activities are NOT limited only to these activities.
• Provide government services to the extent of the reduction in revenue (i.e. online, property or income tax) due to the public health emergency.
• Make necessary investments in water, sewer, or broadband infrastructure.
• State and local governments can transfer the funds to a private nonprofit organization, a public benefit corporation involved in the transportation of passengers or cargo or a special-purpose unit of State or local government.
• Respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work.
o “Premium pay” means an additional amount up to $13 per hour that is paid to an eligible worker for work during the COVID-19 pandemic. The law imposes a cap of $25,000 for any single eligible worker.
Guardrails for Recovery Funds:
• States are not allowed to use the funds to either directly or indirectly offset a reduction in the net tax revenue that results from a change in law, regulation or administrative interpretation during the covered period that reduces any tax. If a state violates this provision, it will be required to repay the amount of the applicable reduction to net tax revenue.
• No funds shall be deposited into any pension fund.
• Any local government, including counties, that fail to comply with the federal law and related guidelines shall be required to repay the federal Treasury.
Program Administration:
• Funds will be distributed by the U.S. Department of Treasury.
• The deadline to spend funds is December 31, 2024.
• The U.S. Treasury is required to pay the first tranche to counties not later than 60-days after enactment, and second payment no earlier than 12 months after the first payment.
• The law provides an additional $77 million for the Government Accountability Office and $40 million for the Pandemic Response and Accountability Committee for oversight and to promote transparency and accountability.
Reporting Requirements for State and Local Governments:
• States are required to report how funds are used and how their tax revenue was modified during the time that funds were spent during the covered period (covered period begins on March 3, 2021 and ends on the last day of the fiscal year a state or local government has expended or returned all funds to the U.S. Treasury).
• Local governments, including counties, are required to provide “periodic reports” providing a detailed accounting of the use of funds.
• If a state, county or municipality does not comply with any provision of this bill, they are required to repay the U.S. Treasury an equal amount to the funds used in violation.
CORONAVIRUS CAPITAL PROJECTS FUND (SEC. 604)
• Provides $10 billion for states, territories, and tribal governments to carry out critical capital projects, specifically related to enabling work, education, and health monitoring, including remote options, in response to the COVID-19 public health emergency. This funding includes broadband infrastructure.
• Each state, the District of Columbia and Puerto Rico will receive a minimum allocation of $100 million, plus another $100 million is divided among other U.S. territories and another $100 million is designated for tribal governments and Native Hawaiian use.
• Of the remaining funds, states receive an additional allocation based on population (50 percent), number of individuals living in rural areas as a percentage of the U.S. rural population (25 percent), and proportion of the state’s population of households living in poverty.
LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND (SEC. 605)
Provides an additional $1.5 billion, split evenly over FY 2022 and 2023, for eligible revenue share counties (i.e., public land counties) as well as $500 million over both fiscal years for Tribal governments:
• U.S. Treasury is responsible for determining the funding formula, taking into account the economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period ending with Sept. 30, 2021.
• Eligible counties may use these funds for any governmental purpose other than a lobbying activity.
• Counties shall be required to provide periodic reports with a detailed accounting of the use of funds.
• Failure to submit required reports or misuse of funds will result in the recoup of funds by the federal government.
According to a statement for the record by U.S. Senate Finance
Chairman Ron Wyden (D-Ore.), “[The Senator] fully expect[s]
Treasury to consult with others in government who have history in
this arena on the creation of this new formula such as the
Secretaries of Agriculture and Interior, as well as the National
Association of Counties, state county associations, including the
Association of O&C Counties Oregon, and many other groups with a
deep understanding of these impacts across the United States.”
VACCINE DISTRIBUTION
Vaccine Distribution Funding: Provides $20 billion to establish a National COVID- 19 Vaccination Program, of which $7.5 billion will be allocated to CDC to support state, local, tribal and public health departments and community health centers in the distribution of vaccines through information technology and data enhancements, facility enhancements and public communications. Another $7.5 billion of the $20 billion appropriated is provided to the Federal Emergency Management Agency (FEMA) to establish vaccination sites. Counties play an integral role in the distribution of COVID-19 vaccines as key administrators of health and human services at the local level, supporting over 900 hospitals, 824 long-term care facilities, and 1,943 local health departments. Vaccine Confidence Education: Provides $1 billion for the CDC to strengthen vaccine confidence by furthering the distribution of information and education and improving vaccination rates. County officials and local public health agencies are trusted voices, often responsible for messaging vaccine confidence to the public.
SUPPORT FOR MEDICAID
FMAP Enhancements: Enhances state Federal Medical Assistance Percentages (FMAP), the federal contribution to Medicaid, including:
o A 100 percent FMAP for states that opt to provide coverage to the uninsured for COVID-19 vaccines and treatment without cost sharing.
o An enhanced FMAP for states that wish to expand Medicaid programs to cover mobile crisis intervention services for individuals experiencing mental health or substance use disorders.
o Increasing the state’s base FMAP by five percentage points for two years if they expand Medicaid; currently there are 12 states that have yet to expand Medicaid and will be eligible for this increase.
o A temporary FMAP increase of 7.35 percentage points for states to improve Medicaid home and community-based services for one year.
Disproportionate Share Hospital (DSH) Payments: Amends the Families First Coronavirus Response Act (P.L.116-127) so states do not have to make higher DSH payments due to the 6.2 percent FMAP increase in the legislation. Counties in 26 states contribute up to 60% of the non-federal share of Medicaid, totaling approximately $7 billion per year.
INVESTMENTS IN VACCINE DISTRIBUTION AND HEALTH
FUNDING FOR TESTING, PUBLIC HEALTH SUPPORT & RESOURCES
Testing and Contact Tracing: Provides $47.8 billion to the Department of Health and Human Services (HHS) to support state and local health departments in distributing and administering COVID-19 tests, acquiring and distributing PPE and other supplies, expanding contact tracing capabilities, and sustaining the nation’s public health workforce. Counties support over 1,900 of America’s 2,800 local health departments, providing essential public health prevention services like public education, vaccine coordination and logistics, contact tracing, and COVID-19 testing. Public Health Workforce Expansion: Provides key enhancements for healthcare and public health workforce supports, including:
o $7.6 billion for HHS to establish, expand, and sustain a public health workforce and make awards to state, local, and territorial public health departments.
o $7.6 billion for Community Health Centers for ongoing COVID-19 response efforts.
o $800 million to the National Health Service Corps to enhance and diversify the nation’s clinician’s workforce.
Federal investments are responsible for nearly 25 percent of local health departments’ revenue. Over the past decade, the number of local health department jobs has decreased by 25,000, a statistic that is further exacerbated by the COVID-19 pandemic—effectively shrinking the public health workforce when it is needed most.
FUNDING FOR BEHAVIORAL AND MENTAL HEALTH
Substance Abuse Prevention and Treatment (SAPT) and Community Mental Health Block Grants: Provides $1.5 billion for the Substance Abuse and Mental Health Services Agency’s (SAMHSA) Substance Abuse Prevention and Treatment (SAPT) and another $1.5 billion for Community Mental Health block grant programs. Certified Community Behavioral Health Clinics: Provides $420 million for Certified Community Behavioral Clinics (CCBHCs) which helps counties and other local entities provide a comprehensive range of mental health and substance use disorder services to vulnerable individuals. County-based behavioral health systems exist in 23 states that represent 75% of the population, and counties deliver community-based mental health and substance use disorder services through 750 behavioral health authorities. Overdose Prevention: Provides $30 million for SAMHSA to create grants to state, local, tribal and territorial governments to support community-based overdose
prevention programs and other harm reduction services in light of increased pandemic related drug-misuse. County leaders across the public health, justice and public safety, and behavioral health sectors are on the front lines of the opioid epidemic and continue to formulate effective responses for this ongoing pandemic.
SUPPORT FOR LONG TERM CARE FACILITIES
Nursing Home Strike Teams: Provides $500 million for HHS to allocate money to states and territories to establish strike teams that will respond to COVID-19 outbreaks in skilled nursing facilities. Counties own, operate, and support 758 skilled nursing facilities and nursing homes, facilities that have been disproportionately impacted by the COVID-19 pandemic.
DIRECT FINANCIAL ASSISTANCE FOR INDIVIDUALS AND FAMILIES
Temporary Assistance for Needy Families (TANF) Pandemic Emergency Fund: Provides $1 billion for states to provide short-term targeted aid (cash assistance or otherwise) to families in crisis. States will receive funds based on their population’s share of children and portion of prior TANF expenditures dedicated to cash assistance. Nine states representing half of the program’s national caseload delegate the administration of TANF (which funds a wide range of anti-poverty programs and family services) to counties. Earned Income Tax Credit (EITC) and Child Tax Credit (CTC) Expansion:
• In 2021, expands the CTC to $3,000 per child aged 6-17 ($3,600 for children under age 6) and makes the credit fully refundable in 2021. Instructs the U.S. Treasury Department to issue the credit in the form of periodic payments or as frequently as is feasible beginning in July, 2021.
• In 2021, increases the EITC for childless workers by up to $1,000 and expands the minimum and maximum age for claiming the credit.
The proposed CTC expansion is expected to cut child poverty by half in 2021, a key county priority. Individual Assistance Payments: Provides another round of Economic Impact Payments worth $1,400 per individual (including child and non-child dependents up to age 17), up to $75,000 income threshold level for individuals and $150,000
EMERGENCY RELIEF FOR INDIVIDUALS AND FAMILIES
for households, with an accelerated phase-out for higher-income earners capped at $80,000 for individuals and $160,000 for household income.
HOUSING AND UTILITY ASSISANCE
Emergency Rental Assistance Program: Provides $21.6 billion in another round of emergency rental assistance to be distributed by the U.S. Treasury Department to allocate to states, territories, counties and cities. County governments with populations greater than 200,000 are eligible to receive another round of direct funding from Treasury to keep families in stable housing and prevent an eviction crisis during the health emergency. Counties below 200,000 may receive funds through their state government. Homeless Assistance: Provides $5 billion to HUD for homeless prevention and supportive services through the HOME Investment Partnerships program formula. The majority of HOME funds (60 percent) are distributed to 647 local jurisdictions, including urban counties with populations over 200,000 not including their largest metropolitan city, to provide affordable housing to low- income families. Housing Choice Vouchers: Provides $5 billion to HUD for emergency Housing Choice Vouchers. Counties support increasing the supply of housing choice vouchers to assist with providing affordable housing for families. Rural Housing: Provides $100 million for rural housing through the U.S. Department of Agriculture for rental assistance. Counties support assistance to families in rural areas struggling with rental payments due to the pandemic. Homeowner Assistance Fund: Provides $10 billion for the Homeowner Assistance Fund and allocates funds to states, territories, and tribes to provide homeowners struggling to make mortgage payments due to the pandemic with direct assistance for mortgage payments, property taxes, property insurance, utilities, and other housing related costs. Counties support assistance to families to maintain stable housing conditions during the public health crisis and beyond. Low Income Home Energy Assistance Program (LIHEAP): Provides $4.5 billion in emergency LIHEAP funds to remain available until September 30, 2022. Counties fully or partially administer the LIHEAP program in 13 states.
FOOD AND NUTRITION ASSISTANCE
Supplemental Nutrition Assistance Program (SNAP):
• Extends the recently enacted 15% SNAP benefit increase through September 30, 2021 (previously set to expire June 30).
• Provides an extra $1.1 billion in funds for state SNAP administration to be allocated over the next three fiscal years, an amount commensurate with a 100 percent federal administrative match.
• Extends the Pandemic-EBT program (which provides SNAP benefits to low-income children who have lost access to meals at school and child care due to the pandemic) through the summer months in both FY 2021 and the summer of FY 2022. Note: administrative costs for P-EBT are 100 percent reimbursable by the federal government.
Ten states representing 32 percent of total participants delegate the administration of SNAP (which funds monthly grocery benefits for low-income families) to counties. In these states, counties often contribute local dollars to the program’s 50 percent non-federal administrative match. Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Provides $880 million in emergency funds, $490 million of which will enhance benefits for four months and $390 million of which will support outreach innovation and program modernization funding. WIC (which provides food assistance, nutrition education and service referrals to nutritionally-at-risk, low-income pregnant/post-partum women, infants and children) operates through 1,900 local agencies in 10,000 clinic sites, many of which are county health departments.
SUPPORTS FOR WORKERS AND EMPLOYERS
Federal Unemployment Benefits: Extends enhanced federal unemployment of $300 weekly through September 6, 2021. Those making less than $150,000 a year and receiving unemployment benefits are eligible for a $10,200 tax break. Also extends the Pandemic Unemployment Assistance program through September 6, 2021 and allows emergency unemployment relief for governmental entities and nonprofit organizations. Emergency Paid Leave and Paid Leave Tax Credit: Extends the Families First Coronavirus Response Act (FFCRA) emergency paid leave program through September 30, 2021 and provides up to 12 weeks of paid sick and family medical leave related to the COVID-19 pandemic. Notably, public sector employers, including counties, are now eligible to receive the FFCRA tax credit for wages or compensation paid to an employee who is unable to work due to the pandemic. Under previous law, counties were not eligible to receive this credit, impacting already strained county budgets.
Additionally, as previously authorized under the FFCRA, a local government employer that provides paid leave wages under the Emergency Paid Sick Leave Act or Expanded Family Medical Leave Act will not be required to pay the employer's share of social security tax on the paid leave wages. Counties employ 3.6 million individuals, and without this tax credit, the high costs of funding the enhanced paid leave benefits could harm counties’ ability to provide critical services that are necessary for a successful pandemic response.
AGING SERVICES Older Americans Act (OAA) Programs: Provides $1.4 billion in emergency OAA
funding, including $750 million for senior nutrition programs, $460 million for home-and-community-based support services, $45 million for disease prevention, $10 million for the long-term care ombudsman program and $145 million in assistance for grandparents caring for grandchildren. OAA funding is allocated directly to Area Agencies on Aging, more than half of which are fully or partially operated by county governments. Elder Justice Act Programs: Provides at least $188 million for the Elder Justice Act in both FY 2021 and FY 2022. The Elder Justice Act program is the only dedicated federal funding source available to states and counties to prevent elder fraud and abuse.
EDUCATION AND CHILD CARE STABILIZATION
Education Stabilization Fund: Provides $123 billion in emergency funds to support K-12 schools in safely reopening, of which 20 percent must address learning loss. Other set-asides include:
• $1.25 billion for summer enrichment.
• $1.25 billion for afterschool programs.
• $3 billion for education technology.
• $800 million for wraparound services to homeless students. In addition to the ESERF, provides:
• $3 billion for the Individuals with Disabilities in Education Act (IDEA).
• $2.75 billion for private K-12 schools.
• $40 billion for higher education, including community colleges. Along with sharing a tax base with local school boards and providing complementary services to local students, counties play a role in supporting and funding K-12 schools in five states: Alaska, Md., N.C., Va. and Tenn. Certain counties also contribute funding to community colleges. Distance Learning: Provides nearly $7.2 billion for the Emergency Connectivity Fund within the Federal Communications Commission’s (FCC) E-Rate program, helping schools and libraries obtain affordable broadband to support virtual learning. During the pandemic, counties have contributed local dollars and federal relief funds to help students without at-home internet attend virtual school. Head Start: Provides $1 billion in emergency funding to be distributed across existing Head Start agencies according to their share of total enrolled children. Head Start (which funds early childhood education for low-income children) delivers services through 1,600 local agencies, many of which are sponsored by county governments. Child Care and Development Fund (CCDF): Provides $39 billion in emergency funds for the discretionary portion, the Child Care Development Block Grant program (CCDBG), $15 billion of which will be distributed according to the regular formula and available through FY 2024. The remaining $24 billion will go to states to make subgrants directly to child care providers. The mandatory Child Care Entitlement to States (CCES) will also receive a permanent annual increase of $600 million, with the state match waived in FY 2021 and FY 2022.
ECONOMIC ASSISTANCE FOR BUSINESSES AND COMMUNITIES
Eight states delegate the administration of CCDF (which supports child care subsidies for low-income families) to counties. Child and Dependent Care Tax Credit (CDCTC): In 2021, expands the CDCTC, making it refundable (therefore available to lower-income employees) and increasing the maximum rate by 50 percent. County employees may be able to claim this credit, making it easier for them to afford the necessary child/dependent care to continue working.
SUPPORTS FOR SMALL BUSINESSES AND ECONOMIC DEVELOPMENT
Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL): Provides an additional $7.25 billion for the PPP and $15 billion for the EIDL Advance program. The PPP and EIDL program help stabilize county economies by keeping small businesses afloat. Many counties also provided small business loans and other support with CRF dollars authorized under the CARES Act. Economic Development Administration: Provides $3 billion for economic adjustment assistance. Of this amount, 25 percent of funding is reserved for assistance to communities that have suffered economic injury as a result of job losses in the travel, tourism or outdoor recreation sectors.
EDA is a critical resource, particularly for rural counties, in providing essential competitive grants for job creation, economic recovery and planning.
FUNDING FOR TRANSPORTATION
Public Transit: Provides $30.46 billion available through FY 2024 at a 100 percent federal share for eligible recipients of urban, rural, senior citizens and individuals with disabilities, and intercity bus transit formula grants for operating expenses incurred beginning on January 20, 2020, including payroll, operating and maintenance costs due to lost revenue, and the payment of leave for personnel laid off due to service reductions. Counties directly support 78 percent of the nation’s public transit systems. Airports: Provides $8 billion available through FY 2024 through Airport Improvement Program (AIP) formulas at a 100 percent federal share, including:
TRANSPORTATION, ENVIRONMENT & EMERGENCY RESPONSE
Of this amount, 25 percent of funding is reserved for assistance to
communities that have suffered economic injury as a result of job
losses in the travel, tourism or outdoor recreation sectors.
o Funding for operations, personnel and sanitation to combat the spread
of COVID-19: $6.5 billion for primary and certain cargo airports and $100 million for general aviation and commercial service airports.
o $800 million for primary airport sponsors to meet rent and other obligations to airport concessionaires.
o $608 million to cover the full federal share of these projects, including retroactively for FY 2020.
Counties own or support 34 percent of America’s public airports. Amtrak: Provides $1.7 billion available through FY 2024, including $970.39 million for the Northeast Corridor and $729.61 for the National Network.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) RESOURCES
Disaster Relief Fund: Provides $50 billion for FEMA’s Disaster Relief Fund to meet the immediate needs of state, local, tribal and territorial governments. (NOTE that the Biden administration issued an Executive Order on February 2, 2021 that waives the non-federal match of 25 percent from January 20, 2020 through September 31, 2021 for COVID-related eligible reimbursements.) FEMA’s Disaster Relief Fund provides funding for key FEMA programs important to counties, including the Public Assistance (PA) Program. Funeral Assistance: Extends the 100 percent federal cost share increase for funeral assistance provided by FEMA, which had previously only been for costs incurred before December 30, 2020. Funds will reimburse county residents for funeral costs associated with the COVID-19 pandemic. Additional Funding for FEMA Programs: Provides funding for a wide variety of FEMA programs that support local agencies in FY 2021 to remain available through FY 2025, including:
o Emergency Food and Shelter Program ($400 million)
o Assistance to Firefighters Grants ($100 million)
o Emergency Management Performance Grants ($100 million)
o Staffing for Adequate Fire and Emergency Response (SAFER) Grants ($200 million)
ENVIRONMENTAL PROTECTION AGENCY (EPA) GRANTS
Funding for Pollution and Disparate Impacts of the COVID-19 Pandemic: Provides $100 million to the EPA to address health outcome disparities from pollution and the COVID-19 pandemic.
o Of this amount, $50 million will support activities that identify and address disproportionate environmental or public health harms and risks in minority populations or low-income population.
Counties support an increase in federal technical and financial assistance to states and local governments for the development and administration of pollution control programs.
NACo GOVERNMENT AFFAIRS DIRECTORY
Mark Ritacco Director Government Affairs (202) 942-4240 Blaire Bryant Associate Legislative Director Health (202) 942-4246 Daria Daniel Associate Legislative Director Community, Economic & Workforce Development Liaison to the Large Urban County Caucus (202) 942-4212 Eryn Hurley Associate Legislative Director Finance, Pensions & Intergovernmental Affairs Liaison to the Immigration Reform Task Force (202) 942-4204 Jessica Jennings Associate Legislative Director Transportation (202) 942-4264 Rachel Mackey Associate Legislative Director Human Services & Education Liaison to the Veterans and Military Services Standing Committee (202) 661-8843 Brett Mattson Associate Legislative Director Justice & Public Safety (202) 942-4234 Adam Pugh Associate Legislative Director Environment, Energy & Land Use (202) 942-4269
Arthur Scott Associate Legislative Director Agriculture and Rural Affairs Broadband Taskforce Telecommunications and Technology Liaison to the Rural Action Caucus Political Outreach Manager (202) 942-4230 Jonathan Shuffield Associate Legislative Director Public Lands Liaison to the Western Interstate Region (512) 965-7268 Zachary George Legislative Assistant Environment, Energy & Land Use Telecommunications and Technology Transportation (202) 661-8819 Nicolette Gerald Legislative Assistant Human Services & Education Justice & Public Safety (202) 942-4260 Aaliyah Nedd Legislative Assistant Agriculture and Rural Affairs Finance, Pensions & Intergovernmental Affairs Public Lands (202) 661-8833 Sarah Gimont Legislative Assistant Community, Economic & Workforce Development Health (202) 942-4256
NEWS RELEASE
Release Date: March 5, 2021 Contact: Michael Lampton (404) 331-0333 [email protected]
Release Number: 21- 273, NC 16887 Follow us on Twitter, Facebook, Blogs & Instagram
SBA Working Capital Loans Available in Virginia Following Secretary of Agriculture Disaster Declaration
ATLANTA - The U.S. Small Business Administration announced today that Economic Injury Disaster Loans are available to small businesses, small agricultural cooperatives, small businesses engaged in
aquaculture, and private nonprofit organizations in Brunswick, Greensville and Southampton counties
in Virginia due to excessive rain from Aug. 3 to Nov. 30, 2020.
“These counties are eligible because they are contiguous to one or more primary counties in North
Carolina. The Small Business Administration recognizes that disasters do not usually stop at county or
state lines. For that reason, counties adjacent to primary counties named in the declaration are
included,” said Kem Fleming, director of SBA Field Operations Center East.
Under this declaration, the SBA’s Economic Injury Disaster Loan program is available to eligible farm-
related and nonfarm-related entities that suffered financial losses as a direct result of this disaster. Except for aquaculture enterprises, SBA cannot provide disaster loans to agricultural producers, farmers
and ranchers.
The loan amount can be up to $2 million with interest rates of 3 percent for small businesses and 2.75
percent for private nonprofit organizations of all sizes, with terms up to 30 years. The SBA determines eligibility based on the size of the applicant, type of activity and its financial resources. Loan amounts
and terms are set by the SBA and are based on each applicant’s financial condition. These working capital loans may be used to pay fixed debts, payroll, accounts payable, and other bills that could have been paid had the disaster not occurred. The loans are not intended to replace lost sales or profits.
Applicants may apply online using the Electronic Loan Application (ELA) via SBA’s secure website at DisasterLoan.sba.gov and should apply under SBA declaration # 16887, not for the COVID-19 incident.
Disaster loan information and application forms may also be obtained by calling the SBA’s Customer Service Center at 800-659-2955 (800-877-8339 for the deaf and hard-of-hearing) or by sending an email
to [email protected]. Loan application forms can be downloaded from sba.gov/disaster. Completed applications should be mailed to: U.S. Small Business Administration,
Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
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About the U.S. Small Business Administration
The U.S. Small Business Administration makes the American dream of business ownership a reality. As the only
go-to resource and voice for small businesses backed by the strength of the federal government, the SBA
empowers entrepreneurs and small business owners with the resources and support they need to start, grow or expand their businesses, or recover from a declared disaster. It delivers services through an extensive network
of SBA field offices and partnerships with public and private organizations. To learn more, visit sba.gov.
U.S. SMALL BUSINESS ADMINISTRATION FACT SHEET – ECONOMIC INJURY DISASTER LOANS
(SBA DISASTER DECLARATION DUE TO DESIGNATION BY THE SECRETARY OF AGRICULTURE)
NORTH CAROLINA Declaration 16887 (Disaster: NC-00123)
Incident: EXCESSIVE RAIN
occurring: August 3, 2020 through November 30, 2020
in Northampton County, North Carolina; the contiguous North Carolina counties of: Bertie, Halifax, Hertford, and Warren; and the contiguous Virginia counties of: Brunswick, Greensville, and Southampton.
Application Filing Deadline: November 1, 2021
Disaster Loan Assistance Available: Economic Injury Disaster Loans (EIDLs) – Working capital loans to help small businesses, small agricultural cooperatives, and small businesses engaged in aquaculture, and most private, non-profit organizations of all sizes meet their ordinary and necessary financial obligations that cannot be met as a direct result of the disaster. These loans are intended to assist through the disaster recovery period.
Credit Requirements: • Credit History – Applicants must have a credit history acceptable to SBA. • Repayment – Applicants must show the ability to repay the loan. • Collateral – Collateral is required for all EIDL loans over $25,000. SBA takes real estate as collateral when it is
available. SBA will not decline a loan for lack of collateral, but SBA will require the borrower to pledge collateral that is available.
Interest Rates: The interest rate is determined by formulas set by law and is fixed for the life of the loan. The maximum interest rate for this program is 3 percent.
Loan Terms: The law authorizes loan terms up to a maximum of 30 years. SBA will determine an appropriate installment payment based on the financial condition of each borrower, which in turn will determine the loan term.
Loan Amount Limit: The law limits EIDLs to $2,000,000 for alleviating economic injury caused by the disaster. The actual amount of each loan is limited to the economic injury determined by SBA, less business interruption insurance and other recoveries up to the administrative lending limit. SBA also considers potential contributions that are available from the business and/or its owner(s) or affiliates. If a business is a major source of employment, SBA has the authority to waive the $2,000,000 statutory limit.
Loan Eligibility Restrictions: • The applicant business must be located in the declared disaster area. • Only uninsured or otherwise uncompensated disaster losses are eligible. • The economic injury must have been the direct result of the declared disaster. • Nurseries are only eligible for economic injury caused by declared drought disasters. • By law, agricultural enterprises such as farmers and ranchers are not eligible for any type of SBA assistance. • Applicants who have not complied with the terms of previous SBA loans are not eligible. This includes borrowers
who did not maintain flood and/or hazard insurance on previous SBA loans. • Loan assistance is available only to the extent the business and its owners cannot meet necessary financial
obligations due to the disaster. This determination is made by SBA.
Note: Loan applicants should check with agencies / organizations administering any grant or other assistance program under this declaration to determine how an approval of SBA disaster loan might affect their eligibility.
Date: 03/04/2021
Refinancing: Economic injury disaster loans cannot be used to refinance long term debts.
Insurance Requirements: To protect each borrower and the Agency, SBA may require you to obtain and maintain appropriate insurance. By law, borrowers whose damaged or collateral property is located in a special flood hazard area must purchase and maintain flood insurance. SBA requires that flood insurance coverage be the lesser of 1) the total of the disaster loan, 2) the insurable value of the property, or 3) the maximum insurance available.
Completing the SBA Loan Application: The application asks for the same information about the business and its principal owners that are generally required for a bank loan. If you need help, SBA personnel will explain the forms and give you assistance at no charge. You may use the services of accountants, attorneys, or other representatives at your own expense, if you wish. Use of a representative and the fees they charged must be listed on your loan application.
Applicants may apply online, receive additional disaster assistance information and download applications at https://disasterloan.sba.gov/ela. Applicants may also call SBA’s Customer Service Center at (800) 659-2955 or email [email protected] for more information on SBA disaster assistance. Individuals who are deaf or hard-of-hearing may call (800) 877-8339. Completed applications should be mailed to U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
Chief Executive Officer Travis G. Hill
To Whom It May Concern:
March 2, 2021
Vice Chair Maria J. K. Everett
Board of Directors Gregory F. Holland
Beth G. Hungate-Noland Mark E. Rubin
This is to inform you that a retail application has been received from an establishment that is
located in your city/county. The following is the basic information pertaining to the application:
License Number: 754785 Company Name: Ivor Mart Inc Trade Name: Waco Mart
Address, City, State & Zip Code: 35242 General Mahone Blvd, Ivor, VA 23866-2832 Type of Establishment: Convenience Grocery Store Type of License Applied For: Wine and Beer Off Premises Date of Receipt: February 25, 2021
You are receiving this email notification per Code §4.1-230-B, which states:
"Except for applicants for wine shipper's, beer shipper's, wine and beer shipper's licenses, and delivery permits, the Board shall notify the local governing body of each license application through the county or city attorney or the chief law-enforcement officer of the locality. Local governing bodies shall submit objections to the granting of a license within 30 days of the filing of the application."
Please feel free to contact our office at {804) 298-3767 if you have any questions, need any further information or wish to file any objections against the above listed application. Please be sure to reference the license number listed above.
Thank you,
Ricky Blanco License Technician License Records M anagement Retail License Section {804} 298-3767 - Phone {804) 213-4592 - Fax [email protected]
www.abc.virgin,a .gov I 2901 Hc1m1tagc Road. Richmond V11ginia 23220 I 804.213.4400
26022 Administration Center Drive P. 0. Box 400 Courtland, Virginia 23837
souTHAMPTONCOUNTY
The Honorable Carl E. Eason, Jr., Chief Judge Southampton Circuit Court P. 0. Box 190 Courtland, VA 23837
Dear Judge Eason:
757-653-3015 Fax: 757-653-0227
March 15, 2021
In regular session on February 23, 2021 , pursuant to§ 15.2-2308 of the Code of Virginia, 1950, as amended, and Section 18-481 (a) of the Southampton County Code, the Board of Supervisors respectfully resolved to recommend that Mr. J. W. Ballard, Jr. be appointed to fill the remaining unexpired term of Mr. David W. Joyner as an alternate member of the Board of Zoning Appeals for a term ending September 30, 2024.
Mr. Joyner resigned his position on the BZA on January 19, 2021; a copy of his letter of resignation is attached herewith.
Thanking you in advance for your thoughtful consideration, I remain
attachment
cc: Richard L. Francis, Clerk of the Court Beth Lewis, AICP
Michael W. Johnson County Administrator
26022 Administration Center Drive P. 0. Box 400 Courtland, Virginia 23837
Mr. Michael A. Smith 26320 Melon Field Road Newsoms, VA 23874
RE: IDA appointment
Dear Mr. Smith:
757-653-3015 Fax: 757-653-0227
March 15, 2021
I'm delighted to inform you of your recent appointment to the Industrial Development Authority (IDA) of Southampton County, unanimously approved by the Board of Supervisors on February 23, 2021. Your term begins immediately and concludes December 31, 2022, after which you '11 be eligible for reappointment to a full four-year term.
As a condition of assuming office, you are re uired to:
1. Complete the enclosed Statement of Economic Interests form and return it to me; and 2. Take and subscribe the oath of office, which is to be administered by Mr. Richard L.
Francis, Clerk of the Court. Please contact Mr. Francis at (757) 653-2200 to arrange for a mutually convenient time to take your oath of office.
The IDA meets only on an as-needed basis, typically once or twice a year. Meetings are called by the Chairman with notices sent out to each member a couple of weeks ahead.
I've enclosed a two-page summary document that includes a brief history, purpose, membership roster and summary of recent activities to give you a sense of what an IDA does.
In closing, please note that the Code of Virginia further requires all IDA Directors to complete an on-line training course on the Virginia Conflicts of Interest (COIA) within two months of assuming office. I've also enclosed the information you'll need to fulfill this requirement.
On behalf of the board of supervisors, please accept my gratitude for your willingness to serve as an IDA director.
cc: Richard L. Francis, Clerk of the Court
Michael W. Johnson County Administrator
26022 Administration Center Drive P. 0 . Box 400 Courtland, Virginia 23837
SOUTHAMPTON COUNTY
Mr. David C. Long, Executive Director Tidewater Emergency Medical Services Council, Inc. 1104 Madison Plaza, Ste. 101 Chesapeake, VA 23320-5163
RE: Director Nomination
Dear Mr. Long:
Please be advised that the Southampton County Board of Supervisors wishes to nominate Mr. Clayton Gaskins to succeed Mr. Paul Kea as Southampton County's representative on the TEMS Board of Directors.
Mr. Gaskins is a Firefighter/PM with the Chesapeake Fire Department and President/EMS Lieutenant with the Newsoms Volunteer Fire Department. He comes highly recommended by the Southampton County Fire and Rescue Association.
For your information, Mr. Gaskins' may be reached at:
29091 N. Main Street Newsoms, VA 23874 757-284-1343 [email protected]
Thank you in advance for forwarding this nomination to the Council for consideration at its next meeting.
With kind regards, I remain
cc: Clayton Gaskins
March 11, 2021
NOTICE OF VIRGINIA ELECTRIC AND POWER COMPANY
d/b/a DOMINION ENERGY VIRGINIA OF INTENT TO FILE APPLICATION PURSUANT TO
§ 56-585.1 A 4 OF THE CODE OF VIRGINIA
To: Local Government Officials Pursuant to Rule 10(J)(1) (20 VAC 5-204-10(J)(1)) of the State Corporation Commission’s Rules Governing Utility Rate Applications and Annual Informational Filings of Investor-Owned Electric Utilities (20 VAC 5-204-10, et seq.), Virginia Electric and Power Company d/b/a Dominion Energy Virginia is providing you a copy of its Notice of Intent to File Application Pursuant to § 56-585.1 A 4 of the Code of Virginia with the State Corporation Commission of Virginia on or after May 13, 2021. /s/ David J. DePippo _____________________________ David J. DePippo Attachment
Dominion Energy Services, Inc. Law Department 120 Tredegar Street, Richmond, VA 23219 DominionEnergy.com
COMMONWEALTH OF VIRGINIA
STATE CORPORATION COMMISSION NOTICE OF ) ) VIRGINIA ELECTRIC AND POWER COMPANY ) d/b/a DOMINION ENERGY VIRGINIA ) ) Of intent to file applications or petitions pursuant ) to § 56-585.1 A 4 of the Code of Virginia )
NOTICE OF VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA OF INTENT TO FILE
APPLICATION PURSUANT TO § 56-585.1 A 4 OF THE CODE OF VIRGINIA
Pursuant to 20 VAC 5-204-10 A, Virginia Electric and Power Company d/b/a Dominion Energy Virginia, by counsel, hereby submits its Notice of Intent to File an Application Pursuant to § 56-585.1 A 4 of the Code of Virginia with the State Corporation Commission of Virginia for approval of a rate adjustment clause, designated Rider T1, on or after May 13, 2021. This application will constitute the annual update to the currently approved Rider T1, which is approved for use through August 31, 2021.
VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA
By: _/s/ David J. DePippo______________ Counsel David J. DePippo Dominion Energy Services, Inc. 120 Tredegar Street, RS-2 Richmond, Virginia 23219 (804) 787 5607 (PEP telephone) (804) 819-2411 (DJP telephone) [email protected] [email protected]
Vishwa B. Link Lisa R. Crabtree Jennifer D. Valaika McGuireWoods LLP Gateway Plaza 800 East Canal Plaza Richmond, Virginia 23219-3916 (804) 775-4330 (VBL telephone) (804) 775-1327 (LRC telephone) (804) 775-1051 (JDV telephone) [email protected] [email protected] [email protected]
Counsel for Virginia Electric and Power Company March 11, 2021
March 11, 2021
Petition of Virginia Electric and Power Company for revision of rate adjustment clause:
Rider E, for the recovery of costs incurred to comply with state and federal environmental regulations pursuant to § 56-585.1 A 5 e of the Code of Virginia
Case No. PUR-2021-00013 To: Local Government Officials Virginia Electric and Power Company (“the Company”) is providing you a copy of its Application in the above-referenced matter. Please take notice of its contents. Pursuant to the State Corporation Commission of Virginia’s February 24, 2021 Order for Notice and Hearing (“Order”), the Company is also providing a copy of the Order to you. Please take notice of its contents. A copy of the complete Application in this matter may be obtained at no cost by written request to Timothy D. Patterson, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219 or [email protected]. /s/ David J. DePippo David J. DePippo
Senior Counsel Attachments
Dominion Energy Services, Inc. Law Department 120 Tredegar Street, Richmond, VA 23219 DominionEnergy.com
COMMONWEAL TH OF VIRGINIA
VIRGINIA ELECTRIC AND POWER COMPANY ) )
For revision of rate adjustment clause: Rider E, ) for the recovery of costs incurred to comply ) with state and federal environmental regulations pursuant ) to§ 56-585.1 A 5 e of the Code of Virginia )
Case No. PUR-2021-00013
VIRGINIA ELECTRIC AND POWER COMPANY'S RIDER E ANNUACUPDATE FILING AND REQUEST FOR LIMITED WAIVER
Pursuant to § 56-585.1 A 5 e ("Subsection A 5 e" or "A 5 e") of the Code of Virginia
("Va. Code"), the directive contained in Ordering Paragraph (4) of the Final Order issued by the
State Corporation Commission of Virginia ("Commission") on September 4, 2020 in Case No.
PUR-2020-00003, 1 and the Commission's Rules Governing Utility Rate Applications and
Annual Informational Filings (the "Rate Case Rules"),2 Virginia Electric and Power Company
("Dominion Energy Virginia" or the "Company"), by counsel, hereby submits this annual update
filing with respect to its environmental rate adjustment clause ("RAC" or "Rider"), designated
Rider E ("2021 Annual Update" or "Update") for the recovery of costs incurred to comply with
state and federal environmental regulations at the Company's Chesterfield Power Station, Bremo
Power Station, Clover Power Station, and Mt. Storm Power Station.
The Company further requests limited waiver of certain of the Rate Case Rules.
Specifically, pursuant to Rule 10 E of the Rate Case Rules, 20 V AC 5-204-10 E, and for the
reasons stated herein, the Company requests a limited waiver of the requirements of Rule 90 of
1 Petition of Virginia Electric and Power Company For revision of rate adjustment clause: Rider E, for the recovery of costs incurred to comply with state and federal environmental regulations pursuant to§ 56-585. J A 5 e of the Code of Virginia, Case No. PUR-2020-00003, Final Order (Sep. 4, 2020) ("2020 Rider E Final Order"). Hereinafter referred to as "2020 Rider E proceeding." 2 20 V AC 5-204-10 et seq.
the Rate Case Rules, 20 V AC 5-204-90, with respect to portions of Filing Schedule 46 as it
relates to the provision of "economic analyses, contracts, studies, investigations, results from
requests for proposals, cost benefit analyses .... "
In support of its petition and request for limited waiver (collectively, the "Petition"), the
Company respectfully shows as follows:
GENERAL INFORMATION
1. Dominion Energy Virginia is a public service corporation organized under the
laws of the Commonwealth of Virginia furnishing electric service to the public within its
certificated service territory. The Company also supplies electric service to non-jurisdictional
customers in Virginia and to the public in portions of North Carolina. The Company is engaged
in the business of generating, transmitting, distributing, and selling electric power and energy to
the public for compensation. The Company is also a public utility under the Federal Power Act,
and certain of its operations are subject to the jurisdiction of the Federal Energy Regulatory
Commission. The Company is an operating subsidiary of Dominion Energy, Inc. ("Dominion
Energy").
2. The Company's post office address is:
Virginia Electric and Power Company 120 Tredegar Street Richmond, Virginia 23219
3. The addresses and telephone numbers of the attorneys for the Company are:
Paul E. Pfeffer David J. DePippo Dominion Energy Services, Inc. 120 Tredegar Street Richmond, Virginia 23 219 (804) 787-5607 (PEP) (804) 819-2411 (DJD)
2
Elaine S. Ryan Timothy D. Patterson McGuire Woods LLP Gateway Plaza 800 East Canal Street Richmond, Virginia 23219-3916 (804) 775-1090 (ESR) (804) 775-1069 (TDP)
BACKGROUND
4. Va. Code § 56-585.l A 5 e permits utilities to petition the Commission for
approval of a RAC to recover the costs of compliance with state and environmental laws and
regulations. Specifically, it provides in relevant part:
A utility may at any time, after the expiration or termination of capped rates, but not more than once in any 12-month period, petition the Commission for approval of one or more rate adjustment clauses for the timely and current recovery from customers of ... [p]rojected and actual costs of projects that the Commission finds to be necessary . . . to comply with state or federal environmental laws or regulations applicable to generation facilities used to serve the utility's native load obligations.
5. Subsection A 5 e provides further: "The Commission shall approve such petition
if it finds that such costs are necessary to comply with such laws or regulations .... "
6. On August 5, 2019, by its Final Order in Case No. PUR-2018-00195, the
Commission approved the Company's Petition for a rate adjustment clause, designated Rider E,
pursuant to Subsection A 5 e, to recover costs incurred to comply with state and federal
environmental regulations at the Company's Chesterfield, Mt. Storm, and Clover Power Stations.
The Commission further directed the Company to "file its next annual Rider E application on or
after January 2, 2020."3
3 Petition of Virginia Electric and Power Company For approval of a rate adjustment clause, designated Rider E, for the recovery of costs incurred to comply with state and federal environmental regulations pursuant to§ 56-585.1 A 5 e of the Code of Virginia, Case No. PUR-2018-00195, Final Order at Ordering Paragraph (4), (Aug. 5, 2019) ("2018 Rider E Final Order").
3
7. The Company subsequently filed an annual update to Rider E in the 2020 Annual
Update proceeding (Case No. PUR-2020-00003), at which time it also sought recovery for three
additional projects located at the Chesterfield Power Station and the Bremo Power Station. The
Commission approved the Company's Petition by its Final Order issued on September 4, 2020.4
8. Pursuant to the directives of the Commission's 2020 Rider E Final Order, the
Company files this annual Rider E Update to inform the Commission of the status of the
environmental projects located at the Chesterfield Power Station, referred to as the Chesterfield
Integrated Ash ("CHIA") Project, as well as the environmental projects at the Bremo, Clover,
and Mt. Storm Power Stations, and their projected expenditures. In addition, the Company
provides the proposed cost allocation, rate design, and accounting treatment for service rendered
during a proposed rate year commencing November 1, 2021 and extending through October 31,
2022 ("Rate Year") as related to proposed Rider E.
9. As in the 2020 Rider E proceeding, the Company continues to seek to recover
three general categories of costs that have been incurred to comply with state and federal
environmental laws and regulations: (1) asset retirement obligation ("ARO") expenses
associated with existing assets that must be closed; (2) newly constructed assets and associated
expenses; and (3) ARO expenses associated with the newly constructed assets.
PROJECT AND EXPENDITURES UPDATE
A. Chesterfield Power Station
10. Company Witness Brandon E. Stites provides the status of construction for the
CHIA Project at Chesterfield Power Station that was approved for recovery in the 2018 Rider E
Final Order, as well as the two additional projects that were approved for recovery as part of the
4 See supra n.1.
4
2020 Rider E proceeding. The CHIA Project includes: (i) the Wet-To-Dry Conversion;5 (ii) the
Fossil Fuel Combustion Products Management Facility or landfill ("Landfill"); and (iii) the Low
Volume Waste Water Treatment System ("LVWWTS"). The additional approved projects at the
Chesterfield Power Station include: (i) closure of the Lower Ash Pond after ash removal is
complete; and (ii) closure of the Upper Ash Pond after ash removal is complete ("Chesterfield
Pond Closures") (collectively, the "Chesterfield Environmental Projects").
11. With regard to the CHIA Project, during 2020, construction activities for the Wet-
to-Dry project were primarily warranty work and minimal in nature. Work at the Landfill in
2020 was associated with erosion and sediment ("E&S") controls and environmental compliance.
The LVWWTS work focused on the Equalization Basin, where Virginia Department of
Conservation and Recreation requirements mandated creation of a spillway and lined channel to
a designated outfall. Work primarily consisted of grading, geosynthetics modifications, and
E&S controls. The completion of this project results in a full operational permit with no
conditions.
12. The project forecast for the Wet-to-Dry conversion is approximately $85,000
below budget, and the project forecast for the Landfill is approximately $111,000 below budget.
Neither project is projected to have cost category variances greater than 5% from the original
project budget. The project forecast for L VWWTS is approximately $1.6 million above the
original budget. Only the Soft Cost category is projected to exhibit a variance greater than 5%
from the original project budget.
13. With respect to the Chesterfield Pond Closures, at the Lower Ash Pond, the
interim cover continues to be maintained after being placed in service in Q3 2019. Maintenance
5 Pursuant to the Commission's Final Order and Order on Reconsideration in the 2018 Rider E proceeding, the costs of the Wet-to-Dry conversion attributable to Chesterfield Units 3 and 4 have been excluded from the Rider E calculations.
5
and inspections have been conducted in accordance with procedures set by the Virginia
Department of Environmental Quality. Instrumentation placed in the interim cover continues to
provide data which is reported monthly, as required by the CCR Rule. At the Upper Ash Pond,
the Company constructed an emergency spillway in the sediment basin and additional rip rap
down-chutes, and widened interior drainage swales to support design storm requirements. This
project work consisted of concrete pouring, steel pipe installation, grading, and E&S controls.
14. The project forecast for the Upper Ash Pond is approximately $747,000 below
budget. Only the Soft Cost category is projected to exhibit variances greater than 5% from the
original project budget. The project forecast for the Lower Ash Pond is approximately $110,000
above the original budget. The Soft Cost category is projected to exhibit a variance greater than
5% from the original project budget.
B. Bremo Power Station
15. Company Witness Stites provides the status of construction for the Bremo Power
Station East Pond Outfall project ("East Pond Outfall") that was approved for recovery in the
2020 Rider E proceeding.
16. Since the 2020 Rider E proceeding, the original outfall structure for the East Pond
was modified to connect a new riser structure to the original riser structure, and a sliding knife
gate was installed inside the original riser structure, which is currently closed so as not to allow
discharge from the East Pond. The VPDES permit that allows for discharge from the East Pond
through this outfall was modified, but no discharge has occurred as of early November 2020.
17. The project cost forecast for the East Pond Outfall is approximately $426,000
above the original budget, which represents a change from the 2020 Rider E filing. The Soft
Cost and Construction and Equipment categories are projected to exhibit variances greater than
6
C. Clover Power Station
18. Company Witness Rick D. Boyd provides the status of construction for the
environmental project located at the Clover Power Station ("Clover Environmental Project") and
provides a cost update. This project involves retrofitting the North and South Flue Gas
Desulfurization Sludge Ponds in order to bring these ponds into compliance with the
Environmental Protection Agency's "Hazardous and Solid Waste Management System; Disposal
of Coal Combustion Residuals from Electric Utilities; Final Rule" or "CCR Rule." All
construction work for the Clover Environmental Project was completed by the end of 2019, and
the engineering work was completed in the first half of 2020.
19. The total estimated closure and construction cost for the Clover Environmental
Project is approximately $7.9 million, excluding financing costs.
20. The project cost forecast for the Clover Environmental Project is approximately
$117,000 above the amount approved in the 2020 Rider E Final Order, however none of the
individual cost categories are projected to exhibit variances greater than 5% from the budget
approved in that Order.
D. Mt. Storm Power Station
21. Company Witness Boyd provides the status of construction for the environmental
project located at the Mt. Storm Power Station ("Mt. Storm Environmental Project"). The Mt.
Storm Environmental Project involves retrofitting the Mt. Storm Pyrite Pond and Mt. Storm Low
Volume Waste Ponds A and B, and Low Volume Waste Pond C being excavated and
consolidated into the retrofitted Low Volume Waste Pond B. All construction work was
completed by the end of 2019, and the engineering work was completed in the first half of 2020.
7
22. The total estimated closure and construction cost for the Mt. Storm Environmental
Project is approximately $50.1 million, excluding financing costs.
23. The project cost for the Mt. Storm Environmental Project is approximately
$422,000 below the approved 2020 Rider E Final Order. The Construction and Equipment cost
category for Low Volume Pond A has decreased by approximately $396,000, or approximately
8%, since the 2020 Rider E proceeding. This decrease was primarily attributable to the removal
of the pond booms installation scope from the current filing.
ACCOUNTING UPDATE
24. The Company has used a return on equity ("ROE") of 9.20% for purposes of
calculating the Rider E revenue requirement over the Rate Year in this case. This 9 .20% ROE
was approved by the Commission in its Final Order on November 21, 2019, in the Company's
2019 ROE proceeding.6
25. The revenue requirement calculation for the continuation of the Rider E RAC is
described in detail in Company Witness C. Alan Givens's testimony.
26. The proposed Rate Year for this proceeding is November 1, 2021 through
October 31, 2022. The three key components of the revenue requirement are the Projected Cost
Recovery Factor, the Allowance for Funds Used During Construction ("AFUDC") Cost
Recovery Factor, and the Actual Cost True-Up Factor.
27. In calculating the Projected Cost Recovery Factor, the Company proposes to
reflect the projected net plant balances as of the month-end immediately preceding the Rate Year
(i.e., as of October 31, 2021) in determining the rate base and calculating the financing costs on
the rate base. Similarly, the revenue requirement reflects plant related depreciation expenses,
6 Application of Virginia Electric and Power Company For the determination of the fair rate of return on common equity pursuant to§ 56-585. J: I C of the Code of Virginia, Case No. PUR-2019-00050, Final Order (Nov. 21, 2019) ("2019 ROE Proceeding").
8
asset retirement cost ("ARC") depreciation expenses, and ARO accretion expenses incurred over
the 12-month period leading up to the Rate Year. In addition, the Projected Cost Recovery
Factor will include certain ongoing operation and maintenance ("O&M") costs related to these
environmental projects/facilities. Finally, the Company is proposing to amortize certain deferred
costs (including financing costs) incurred prior to the initial Rate Year, over the November 1,
2021, through October 31, 2022 Rate Year. The Projected Cost Recovery Factor revenue
requirement for the Environmental Projects totals $68,561,000 for the Virginia Jurisdictional
customers in this case.
28. There is no Allowance for Funds Used During Construction ("AFUDC") Cost
Recovery Factor for this update filing.
29. The Actual Cost True-Up Factor will either credit to, or recover from, customers
any over-funder- recovery of costs from the most recently completed and available calendar year.
Actual revenues during calendar year 2019 are compared to actual costs incurred during 2019,
and any difference in these amounts becomes the Actual Cost True-Up Factor either credited to,
or recovered from, customers through the total revenue requirement requested for recovery
during the Rate Year in this 2021 Annual Update. The Actual Cost True-Up Factor revenue
requirement for the Environmental Projects totals ($1,110,000) for the Virginia Jurisdictional
customers in this case.
30. The total revenue requirement requested for recovery in this initial Rider E for the
Rate Year beginning November 1, 2021 is $67,451,000.
RA TE DESIGN UPDATE
31. Rider E identifies the rates in cents per kWh or dollars per kW, that will apply to
each Company rate schedule or special contract approved by the Commission pursuant to Va.
9
Code § 56-235 .2. If approved as proposed, Rider E would be effective for usage on and after
November 1, 2021.
32. Company Witness Paul B. Haynes provides the calculation of Factor 1 using the
Average and Excess Methodology to allocate cost responsibility to the Virginia jurisdiction in
this proceeding, which is the same methodology that was approved in the 2020 Rider E
proceeding.
33. The implementation of the proposed Rider Eon November 1, 2021 will decrease
the residential customer's monthly bill, based on 1,000 kWh per month, by $0.42. Typical
monthly bill decreases for customers receiving service on Residential Schedule 1, General
Service Schedules GS-1, GS-2, GS-3, and GS-4, and Church Schedule SC are provided to
present the proposed Rider E at several representative levels of consumption or demand.
SUPPORTING TESTIMONY, FILING SCHEDULE 46, AND LIMITED REQUEST FOR WAIVER OF FILING SCHEDULE 46 REQUIREMENTS
34. In support of this 2021 Annual Update, Dominion Energy Virginia presents the
pre-filed direct testimony and exhibits of the following witnesses: Brandon E. Stites, Rick D.
Boyd, C. Alan Givens, and Paul B. Haynes.
A. Filing Schedule 46
35. Rule 60 of the Rate Case Rules provides that an application filed pursuant to
Subsection A 5 "shall include Schedule 46 as identified and described in 20 V AC 5-204-90,
which shall be submitted with the utility's direct testimony." The Company is filing with this
Petition, Filing Schedule 46, as follows:
A. Company Witnesses Stites and Boyd co-sponsor Filing Schedule 46A, consisting of
Statements 1 through 5. Mr. Stites sponsors the information in Filing Schedule 46A
concerning the approved CHIA Project and the Chesterfield Pond Closures, as well as the
East Pond Outfall project at Bremo Power Station. Mr. Boyd sponsors Filing Schedule
46A concerning the approved Clover and Mt. Storm Environmental Projects. Consistent
with the Company's other RAC rider filings, Filing Schedule 46A provides only project
cost information that has changed since the 2020 Rider E proceeding. Filing Schedule
46A, Statement 1 (contains public and extraordinarily sensitive information), provides a
schedule summarizing all projected/actual costs, as well as cost estimates for capital and
operations and maintenance ("O&M") expenses, by type of cost and month / year, as
available, associated with the Environmental Projects. Filing Schedule 46A, Statement 2
( contains public and extraordinarily sensitive information), provides a schedule of all
projected/actual costs, as well as cost estimates for capital and O&M expenses, by type of
cost and year associated with the Chesterfield Environmental Projects. Filing Schedule
46A, Statement 3 (contains public and extraordinarily sensitive information), provides a
schedule of all projected/actual costs, as well as cost estimates for capital and O&M
expenses, by type of cost and year associated with the Bremo Environmental Project.
Filing Schedule 46A, Statement 4 (contains public and extraordinarily sensitive
information), provides a schedule of all projected/actual costs, as well as cost estimates
for capital and O&M expenses, by type of cost and year associated with the Clover
Environmental Project. Finally, Filing Schedule 46A, Statement 5 (contains public and
extraordinarily sensitive information), provides a schedule of all projected/actual costs, as
well as cost estimates for capital and O&M expenses, by type of cost and year associated
with the Mt. Storm Environmental Project.
B. Company Witness Givens sponsors Filing Schedule 46B, consisting of Statements 1
through 7. Filing Schedule 46B, Statement 1, provides the annual revenue requirement
11
calculation for the rate year ending October 31, 2022. Filing Schedule 46B, Statement 2,
provides the projected annual revenue requirement over the duration of the RAC. Filing
Schedule 46B, Statements 3 - 6, provide the detailed support by each Project location in
support of statement 2. Filing Schedule 46B, Statement 7, provides a detailed description
of all significant accounting procedures and internal controls that the Company will
institute to identify all costs associated with Rider E in order to isolate and exclude such
costs from the Company's base rate filings.
C. Company Witness Haynes sponsors Filing Schedule 46C, consisting of Statements 1 and
2. Filing Schedule 46C, Statement 1, provides detailed information relative to the
Company's methodology for allocating the revenue requirement among the rate classes
and the design of the class rates. Filing Schedule 46C, Statement 2, provides the annual
revenue requirement by class over the duration of the RAC.
B. Limited Request for Waiver of Filing Schedule 46 Requirements
36. The Company, for good cause shown and pursuant to 20 VAC 5-204-10 E,
additionally respectfully requests that the Commission waive, in part, the requirements under
Rules 60 and 90 of the Rate Case Rules with respect to paper copies of certain Filing Schedule
46 materials. Specifically, the Rate Case Rules require the Company to provide key documents,
including economic analyses, support used by senior management for major cost decisions,
contracts, studies, investigations, results from requests for proposals, and cost benefit analyses
that support projected costs proposed to be recovered via the rate adjustment clause. Even with
the limitation of only including those materials that are new since the 2020 Rider E proceeding,
the supporting documentation responsive to this requirement is voluminous and, often, not easily
reviewed in hard copy (paper) format. Accordingly, and after consultation with certain members
12
of the Commission Staff, the Company seeks waiver of the requirement to file this information in
hard copy. Instead, the Company proposes to provide this documentation to Commission Staff
and any other future case participant in electronic format only. The Company will make these
documents available via an e-room contemporaneously with this filing, with immediate access
available to Commission Staff. Should the Commission deny this request, the Company asks for
a reasonable allowance of time to print the requisite filing copies of this material and submit it to
the Commission prior to the Company's application being deemed incomplete.
REQUEST FOR CONFIDENTIAL TREATMENT AND ADDITIONAL PROTECTIVE TREATMENT OF EXTRAORDINARILY SENSITIVE INFORMATION
37. The Company's Petition contains confidential and extraordinarily sensitive
information, as designated therein. Because portions of the Company's Petition contain such
confidential and extraordinarily sensitive information, in compliance with Rule 10 F and Rule
170, 20 V AC 5-204-10 F and 5 VAC 5-20-170, this filing is accompanied by a separate Motion
for Entry of a Protective Order and Additional Protective Treatment, including a Proposed
Protective Order, filed contemporaneously with this Petition.
COMPLIANCE WITH RULE 10 OF THE RATE CASE RULES
38. The Company's 2021 Annual Update for approval of Rider E complies with the
requirements contained in Rule 10 of the Rate Case Rules. In accordance with Rule 10 A,
Dominion Energy Virginia filed with the Commission on November 5, 2020, the Company's
notice of intent to file this Petition under Va. Code § 5 6-5 85 .1 A 5 e. Copies of this Petition, to
the extent required by Rule 10 J, along with the additional information required by Rule 1 OJ,
have been served upon the persons addressed in that Rule. A complete copy of this Petition has
been served upon the Office of the Attorney General's Division of Consumer Counsel in
conformity with Rule 10 J. Also included with and following this Petition, pursuant to Rule 10,
13
is a table of contents of this filing, including exhibits and schedules.
39. Beyond the initial Application, Rule 20 VAC 5-204-10 J requires the Company to
serve copies of certain information related to Dominion Energy Virginia's rate proceedings upon
local officials electronically to the extent official email addresses are available, or via first class
mail or personal delivery if electronic delivery is not possible. The Company will comply with
this requirement in conjunction with the Commission's forthcoming procedural order.
WHEREFORE, Dominion Energy Virginia respectfully requests that the Commission
(1) approve the proposed Rider E under Va. Code§ 56-585.1 A 5 e subject to future Rider E
proceedings and true-ups, effective for usage on and after November 1, 2021; (2) approve the
proposed revenue requirement, cost allocation, rate design, and accounting treatment for the
Environmental Projects for the Rate Year November 1, 2021, through October 31, 2022; (3)
grant the Company' s requested waiver as to portions of Filing Schedule 46; and ( 4) grant such
other and further relief as it deems just and proper.
Respectfully submitted,
By: _ c::-______ 'S_. _ ~-----------J'--;-----
14
Paul E. Pfeffer David J. DePippo Dominion Energy Services, Inc. 120 Tredegar Street Richmond, Virginia 23219 (804) 787-5607 (PEP) (804) 819-2411 (DJD) paul. [email protected] david.j. [email protected]
Elaine S. Ryan Timothy D. Patterson McGuire Woods LLP Gateway Plaza 800 East Canal Street Richmond, Virginia 23219-3916 (804) 775-1090 (ESR) (804) 775-1069 (TDP) [email protected] [email protected]
Counsel for Virginia Electric and Power Company
January 19, 2021
AT RICHMOND, FEBRUARY 24, 202L‘UCtJr£riT UO'Uiia CEi -TER
2021 FEB 2H A II-55
PETITION OF
y p
For revision of rate adjustment clause: Rider E, for the recovery of costs incurred to comply with state and federal environmental regulations pursuant to § 56-585.1 A 5 e of the Code of Virginia
ORDER FOR NOTICE AND HEARING
On January 19,2021, pursuant to § 56-585.1 A 5 e of the Code of Virginia ("Code"),
Virginia Electric and Power Company d/b/a Dominion Energy Virginia ("Dominion" or
"Company") filed a petition ("Petition") with the State Corporation Commission ("Commission")
for an annual update of its rate adjustment clause, designated Rider E, for the recovery of costs
incurred to comply with state and federal environmental regulations at the Company's
Chesterfield, Bremo, Clover and Mt. Storm Power Stations.1
Dominion states that it is filing this annual update to inform the Commission of the status
of the environmental projects located at the Chesterfield Power Station, referred to as the
Chesterfield Integrated Ash Project, as well as the environmental projects at the Bremo, Clover
and Mt. Storm Power Stations, and their projected expenditures.2 The Company seeks recovery
of three general categories of costs incurred to comply with state and federal environmental laws
and regulations: (i) asset retirement obligation ("ARO") expenses associated with existing assets
1 Petition at 1. On February 9, 2021, February 16, 2021, and February 17, 2021, the Company filed additional
required information related to its Petition.
2 Petition at 4.
that must be closed, (ii) newly constructed assets and associated expenses; and (iii) ARO
expenses associated with the newly constructed assets.3
In this proceeding, Dominion asks the Commission to approve Rider E for the rate year
beginning November 1, 2021, and ending October 31, 2022 ("2021 Rate Year").4 The Company
states that the two components of the revenue requirement are the Projected Cost Recovery
Factor and the Actual Cost True-Up Factor.5 The Company requests a Projected Cost Recovery
Factor revenue requirement of $68,561,000, and an Actual Cost True-Up Factor revenue
requirement credit of $1,110,000.6 Thus, the Company proposes a total revenue requirement of
$67,451,000 for service rendered during the 2021 Rate Year.7
For purposes of calculating the revenue requirement in this case, Dominion states that it
utilized a rate of return on common equity of 9.2%, which was approved by the Commission in
its Final Order in Case No. PUR-2019-00050.8
Dominion asserts that it will utilize the same methodology to calculate Rider E rates in
the instant proceeding as was approved in its last Rider E filing, with the exception that in this
3 Jd.\ Direct Testimony of C. Alan Givens at 1-2.
4 Petition at 4, 8; Direct Testimony of C. Alan Givens at 2.
5 Petition at 8-9; Direct Testimony of C. Alan Givens at 4. There is no Allowance for Funds Used During
Construction Cost Recovery Factor for this proceeding. See Petition at 9.
6 Petition at 9; Direct Testimony of C. Alan Givens at 10.
7 Petition at 9; Direct Testimony of C. Alan Givens at 10.
8 Petition at 8; Application of Virginia Electric and Power Company, For the determination of the fair rate of return on common equity pursuant to § 56-585.1:1 C of the Code of Virginia, Case No. PUR-2019-00050, 2019 S.C.C. Ann. Rept. 400, Final Order (Nov. 21, 2019).
2
case the Company did not remove federal customers' and retail choice customers' load and usage
for the purpose of designing rates.9
Dominion proposes that revised Rider E be effective for usage on and after November 1,
2021.10 If the revised Rider E for the 2021 Rate Year is approved, the impact on customer bills
would depend on the customer's rate schedule and usage. According to Dominion,
implementation of its revised Rider E on November 1, 2021, would decrease the monthly bill of
a residential customer using 1,000 kilowatt hours per month by approximately $0.42.'1
Dominion also requests a waiver, in part, of Rules 20 VAC 5-204-60 ("Rule 60") and
20 VAC 5-204-90 ("Rule 90") of the Commission's Rules Governing Utility Rate Applications
and Annual Informational Filings of Investor-Owned Utilities ("Rate Case Rules")12 with respect
to Schedule 46. Rule 60 states that an application for a rate adjustment clause filed pursuant to
Chapter 23 of Title 56 of the Code shall include Schedule 46, "Rate Adjustment Clauses and
Prudency Determinations Pursuant to Chapter 23 (§ 56-576 et. seq.) of the Code of Virginia."13
Schedule 46 requires an applicant to provide certain information, including in part "[k]ey
documents supporting the projected and actual costs that the applicant seeks to recover through
the rate adjustment clause, such as economic analyses, contracts, studies, investigations, results
9 Petition at 10; Direct Testimony of Paul B. Haynes at 3-4. See also Petition of Virginia Electric and Power Company, For revision of rate adjustment clause: Rider E, for the recovery of costs incurred to comply with state and federal environmental regulations pursuant to § 56-585.1 A 5 eof the Code of Virginia, Case No. PUR-2020-00003, Doc. Con. Cen. No. 200910088, Final Order (Sept. 4, 2020).
10 Petition at 14.
11 Id. at 10; Direct Testimony of Paul B. Haynes at 8.
12 20 VAC 5-204-5 etseq.
13 Petition at 12-13.
3
from requests for proposals, cost benefit analyses, or other items supporting the costs."14
According to Dominion, the supporting documentation responsive to this requirement is
voluminous, and therefore the Company proposes to provide the documentation in electronic
M
© K3
m
format only.15
Finally, in conjunction with the filing of its Petition on January 19,2021, the Company
filed the Motion of Virginia Electric and Power Company for Entry of a Protective Order and
Additional Protective Treatment ("Motion for Protective Order") and a proposed protective order
that establishes procedures governing the use of confidential and extraordinarily sensitive
information in this proceeding.
NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds
that this matter should be docketed; Dominion should provide public notice of its Petition; a
public hearing should be scheduled for the purpose of receiving testimony and evidence on the
Petition; interested persons should have an opportunity to file comments on the Petition or
participate as a respondent in this proceeding; and the Commission's Staff ("Staff) should be
directed to investigate the Petition and file testimony and exhibits containing its findings and
recommendations thereon.
We also find that a Hearing Examiner should be

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No. 9 - Miscellaneous