Section 690.10  Purpose

 

The purpose of the Business Interruption Grant Program (BIG) is to provide financial support to businesses that have experienced interruption of business or other adverse conditions attributable to the COVID-19 public health emergency [20 ILCS 605/605-1050]. Financial assistance provided through BIG shall be consistent with the requirements of section 5001 of the federal Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136) and any rules or guidance issued by the U.S. Department of the Treasury or other responsible federal agency. The provision of support to for-profit and not-for-profit businesses that have experienced adversity attributable to the COVID-19 epidemic is necessary response to the public health emergency. Financial assistance shall be prioritized for communities most in need of assistance, as determined by numbers or rates of infection and economic measures identified in this Part. BIG will be implemented in multiple phases of funding.

 

Section 690.20  Definitions

 

"Acutely Distressed Industry" means a business that has annual revenues of $20 million or less; has been closed or is operating at a significantly diminished capacity since March 13, 2020; is likely to continue to do so until Phase 5 of the Restore Illinois Plan; and is a member of a select industry. Select industries include, but are not limited to, amusement parks, bus operating companies, event venues, indoor recreation, movie theaters, museums, music venues, and performing arts venues.

 

"Affiliate" means a business that is at least 50% or more owned or controlled by another person with at least 50% ownership or control. Control is not required to be exercised to establish an affiliate relationship; it is sufficient for one person to possess the authority to control the other person to establish an affiliate relationship.

 

"Allotment Tier" means the classification of a county as either having received a direct allotment from the CRF or not having received a direct allotment from the CRF.

 

"Allowable Expenditure" means a necessary expenditure that the Department has authorized for reimbursement under BIG in accordance with Section 690.90.

 

"Amusement Park" means a park, fairground, or recreational and entertainment complex that supplies refreshments and multiple entertainment and recreational activities, including, but not limited to, amusement parks, theme parks, water parks, and attractions.

 

"Applicant" means a qualifying business that applies for funding under BIG.

 

"Barbershops and Salons" means an entity possessing an active license under Article IIID of the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 [225 ILCS 410], or a person possessing an active barber, cosmetologist, esthetician, nail technician, or hair braider license under that Act who is self-employed and has no employees or contractors.

 

"Bus Operating Company" means a business that provides, for a third party, transportation, including the bus and driver, for a group of people from one location to another. These businesses may provide, but are not limited to, charter buses, interurban and rural buses, and shuttle services.

 

"Business" means a for-profit enterprise or non-profit organization lawfully conducting business in Illinois. This term does not include any business that is prohibited from receiving funds under section 5001(b) of the CARES Act.

 

"CARES Act" means the federal Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136).

 

"Cost of Business Interruption" means:

 

decreases in revenue caused by closing or limiting access to the business establishment to comply with COVID-19 prevention directives or to otherwise prevent the spread of COVID-19 within the business establishment;

 

decreases in revenue caused by decreased customer demand as a result of the COVID-19 emergency; or

 

other revenue reductions approved for reimbursement from the CRF by the U.S. Department of the Treasury.

 

"COVID-19" means the novel coronavirus disease deemed COVID-19 by the World Health Organization on February 11, 2020. [20 ILCS 605/605-1050(g)(1)]

 

"COVID-19 Emergency" means the national public health emergency declared March 13, 2020.

 

"COVID-19 Prevention Directives" means all laws, orders, regulations, and guidance relevant to and in effect during the COVID-19 emergency that pertain to preventing the spread of COVID-19, including Executive Orders and preventative guidelines issued by the Illinois Governor, the Illinois Emergency Management Agency, the Department, or the Illinois Department of Public Health.  

 

"CRF" means the Coronavirus Relief Fund established by the CARES Act.

 

"CURE Fund" means the State Coronavirus Urgent Remediation Emergency Fund (see 20 ILCS 605/605-1045).

 

"DCEO Law" means the Department of Commerce and Economic Opportunity Law [20 ILCS 605].

 

"DCFS" means the Illinois Department of Children and Family Services.

 

"Department" means the Illinois Department of Commerce and Economic Opportunity.

 

"Depopulation and Disposal Event" or "DDE" means swine destroyed in a 7-day period at a single location (based on premise ID) due to market supply chain disruption.

 

"DHS" means the Illinois Department of Human Services.

 

"Disproportionately Impacted Area" means those ZIP Codes most severely affected by the COVID-19 emergency, to be determined based on positive COVID-19 case per capita rates, and high rates in at least one of the following poverty-related categories relative to other ZIP Codes within their region:

 

share of population consisting of children age 6 to 17 in households with income less than 125% of the federal poverty level;

 

share of population consisting of adults over age 64 in households with income less than 200% of the federal poverty level;

 

share of population in household with income less than 150% of the federal poverty level; and

 

share of population consisting of children ages 5 and under in households with income less than 185% of the federal poverty level.

 

The Department, using these criteria, may determine different eligibility thresholds when allocating funding for the Allotment Tiers.

 

"DOA" means the Illinois Department of Agriculture.

 

"Downstate Illinois" includes all counties in the State of Illinois that did not receive a direct allocation from the Coronavirus Relief Fund. Those counties that did receive a direct allocation are Cook, DuPage, Kane, Lake, and Will Counties.

 

"Eligible Loan" means a loan of up to $50,000 that was deemed eligible for funding under the Department's Emergency Loan Fund Program and for which repayment will be eligible for reimbursement from CRF monies pursuant to section 5001 of the CARES Act and any related federal guidance. [20 ILCS 605/605-1050(g)(3)]

 

"Emergency Loan Fund Program" or "ELF" means a program implemented by the Department by which the State Small Business Credit Initiative Fund is utilized to guarantee loans released by a financial intermediary or qualified partner. [20 ILCS 605/605-1050(g)(4)]

 

"Event Venue" means a business (excluding a higher education institution) that is engaged in leasing out a location for private events.

 

"Financial Assistance" means financial support to an Illinois business in the form of a grant, expense reimbursement, or subsidy.

 

"Fitness Center" means a business consisting of at least one fixed establishment that is open to members or the general public to participate in activities related to physical fitness at that location, with those activities including:

 

instruction, training, or assistance in physical culture, bodybuilding, exercising, weight loss, figure development, judo, karate, self-defense training, or any similar activity;

 

access to the business' facilities for self-directed exercise; or

 

membership in any group formed by a physical fitness center for any of the above purposes.

 

"Food and Beverage Establishment" means a restaurant or bar business enterprise consisting of at least one establishment that is licensed or otherwise permitted to sell food or beverages for on-site consumption, and does not include event spaces or banquet halls, grocery or convenience stores, night clubs or strip clubs, or a business that derives less than 80% of its gross revenue from food and beverage sales.

 

"GATA" means the Illinois Grant Accountability and Transparency Act [30 ILCS 708].

 

"GATA Rule" means 44 Ill. Adm. Code 7000.

 

"Indoor Recreation" means a business that provides an indoor facility with usable indoor space designated for indoor play or fitness activities. These activities include, but are not limited to, bowling alleys, skating rinks, trampoline parks, indoor playgrounds, field houses, laser tag, arcades, and indoor sports facilities (not fitness centers).

 

"Leadership Member" means any:

 

executive officer of the Department, including the Director, Assistant Director, Chief Operating Officer, Chief Financial Officer, and Chief of Staff; or

 

any corporate officer of an independent business entity, including the president, any vice president in charge of a principal business unit, division or function, or any "C" level executive, including, but not limited to, the Chief Executive Officer, Chief Financial Officer, or the Chief Operations Officer, who is responsible for company-wide decisions or who performs major policymaking functions.

 

"Livestock Management Facility" means an operation where livestock (swine, beef cattle, dairy cattle, poultry, sheep, and meat goats):

 

are primarily used in the production of food, fiber, or other products; and

 

have been, are, or will be fed, confined, maintained or stabled for a total of 45 days or more in any 12-month period.

 

"Microbusiness" means a business with annual sales valued at less than $100,000 per year, with fewer than 10 employees including the owner.

 

"Movie Theater" means a theater where movies are shown for public entertainment.

 

"Museum" means an institution or entity located in Illinois that:

 

is operated by a 501(c)(3) organization (that is not owned or operated by a government entity);

 

is operated primarily for educational, scientific, historic preservation, cultural, or aesthetic purposes; and

 

owns, borrows, cares for, exhibits, studies, archives, or catalogs property.

 

"Music Venue" means a business entity that provides space for live music performance and whose primary source of revenue comes from the attendance of patrons of those performances. These venues often provide:

 

a defined performance and audience space;

 

a mixing desk and a public address system;

 

for the receipt of a cover charge (through ticketing or a front door entrance fee) from patrons attending a music performance; and

 

marketing of specific acts through gig listings in printed or electronic publications, or through event listings in physical or electronic format.

 

"Necessary Expenditure" means an expenditure of funds that is eligible for reimbursement from the CRF and necessary to:

 

respond to the COVID-19 emergency; or

 

reimburse the cost of business interruption. 

 

"Non-Profit Organization" means an organization that is registered as a non-profit corporation with the Illinois Secretary of State.

 

"Performing Arts Venue" means a business that provides space for various performing arts, including music, dance, drama, or similar presentations. These venues exclude organizations that primarily operate as an educational institution.

 

"Premises ID" means the standardized unique identifier that is permanently assigned to a physical location by the U.S. Department of Agriculture (USDA).

 

"Program Participant" means the business that receives financial assistance under the Program.

 

"Qualified Non-Profit Organization" means a community-based organization that:

 

is a certified non-profit under State or federal laws;

 

is located in modest and low-income census tracts; and

 

has a demonstrable record of serving diverse, underserved, and minority-owned small businesses.

 

"Qualifying Business" means a business or organization that experienced or is experiencing business interruption due to the COVID-19 public health emergency and for which provision of financial assistance under the Program is eligible for reimbursement as prescribed by section 601(a) of the Social Security Act (42 USC) as added by section 5001 of the CARES Act, or other federal legislation addressing the COVID-19 emergency. A qualifying business includes self-employed individuals and independent contractors. [20 ILCS 605/605-1050(g)(2)]

 

"Qualified Partner" means a financial institution or nonprofit with which the Department, or another State agency pursuant to an intergovernmental agreement with the Department, has entered into an agreement or contract to provide or incentivize assistance to qualifying businesses. [20 ILCS 605/605-1050(g)(5)]

 

"Qualifying Small Business" means a small business that is a qualifying business, as those terms are defined in this Section.

 

"Restore Illinois Plan" means the framework announced by the Governor of the State of Illinois to safely reopen Illinois in five phases, with any modifications to that plan.

 

"Severely Disproportionately Impacted Area" means a disproportionately impacted area that has experienced heightened adverse economic conditions since March 13, 2020, which may include high rates of business closures or losses, unemployment, poverty rates, or other economic factors. 

 

"Small Business" means a business enterprise that:

 

is physically operating in Illinois;

 

generated 51% or more of its revenue in Illinois in 2019; and

 

has fewer than 250 full-time employees prior to March 13, 2020 or is not dominant in its field within Illinois, as determined by the Department.

 

"Uniform Guidance" means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, codified at 2 CFR 200, as amended.

 

Section 690.30  GATA Requirements

 

a)         The Program established in this Part is subject to the Grant Accountability and Transparency Act [30 ILCS 708], with any exceptions granted.

 

b)         To the extent the Program is implemented using Grant Agreements, at minimum the following provisions of the Uniform Guidance apply to grant recipients: 2 CFR 200.303 and 330 through 332.

 

Section 690.40  Qualified Partners

 

a)         The Department may enter into Grant Agreements, contracts, or intermediary agreements with qualified partners to implement the Program. The nature of the services provided by the qualified partner shall determine whether the arrangement is a grant, procurement, or other relationship. The Department may award grants to qualified partners to provide financial assistance to qualifying businesses or contract with qualified partners to secure services to implement the Program.

 

b)         A qualified partner shall include a non-profit agency or organization registered to conduct business in the State of Illinois or a financial institution that has demonstrated experience providing financing or services to businesses or residents located in disproportionately impacted areas.

 

c)         An agreement with a qualified partner shall specify the qualified partner's responsibility, if any, for determining eligibility for financial assistance and monitoring BIG participants for compliance with Program requirements.

 

d)         Nothing in this Part shall restrict the Department from securing services from entities other than qualified partners to assist in implementing the Program.

 

Section 690.50  Identifying Disproportionately Impacted Areas

 

a)         The Department will allocate funding within the Program such that no less than 30% will be provided to qualifying businesses located in disproportionately impacted areas. The Department will determine which ZIP Codes constitute disproportionately impacted areas based on available COVID-19 case information and economic data at the time it announces funding opportunities under the Program, and areas may be added or removed from prioritization based on changes in relative COVID-19 rates and economic distress.  

 

b)         Within each Allotment Tier, the Department will rank each ZIP Code by COVID-19 cases per capita and by each of the poverty-related criteria. ZIP Codes with moderate, high, and very high COVID-19 cases per capita will be considered to be disproportionately impacted areas if they also have moderate to high rates of economic distress, as demonstrated by high rates within at least one of the poverty-related criteria (see Section 690.20 (Disproportionately Impacted Area)).  The Department will include areas with significantly higher rates of COVID-19 cases per capita and lower levels of the poverty-related criteria, as well as areas with significantly higher levels of the poverty-related criteria and lower relative COVID-19 cases per capita.

 

c)         The Department will reserve funding opportunities for qualifying businesses located in or predominantly serving severely disproportionately impacted areas.

 

Section 690.60  Form of Financial Assistance

 

Financial assistance under the Program may be in the form of a grant, subsidy, or expense reimbursement. Regardless of the form of assistance, a BIG participant shall be obligated to comply with requirements set forth in this Part and in any agreement or certification executed as part of applying for financial assistance. 

 

Section 690.70  Financial Assistance Application Process

 

a)         The Department will announce funding availability on its website as funding opportunities are made available. The Department may direct prospective applicants to apply via qualified partners or another State agency that has agreed to implement a financial assistance program for a particular industry.

 

b)         Application

 

1)         As part of applying for financial assistance, applicants will be required to complete an application form and sign a certification that attests to eligibility for the Program and conditions funding on compliance with programmatic requirements.

 

2)         The application will require applicants to demonstrate eligibility for the funding. Supporting documents required for the application may include, but are not limited to:

 

A)        applicant's 2018 (for applications prior to August 15, 2020) or 2019 income tax return;

 

B)        completed W-9 form;

 

C)        proof of eligible necessary expenditures;

 

D)        information or records identifying the applicant and its owners;

 

E)        proof of licensure, if applicable;

 

F)         DUNS number or other unique identifier requested by the Department;

 

G)        any other information or proof necessary to confirm the existence of the applicant and its eligibility to participate in the Program.

 

3)         Completed application materials must be signed by the applicant's authorized representative and received by the Department, or the entity processing the application, by the announced deadline for the submission of applications.

 

Section 690.80  Selection Process

 

The Department, its qualified partners, or other State agencies administering parts of the Program will select recipients of financial assistance using competitive scoring, first-come first-served basis, lotteries, or discretionary selection procedures set forth in a financial assistance opportunity notice. The method of selection may vary based on industry and population served to maximize the effectiveness of the amount of financial assistance available and the equitable distribution of financial assistance among disproportionately impacted areas and other impacted areas, industries, and businesses.

 

Section 690.90  Eligibility Requirements and Allowable Expenditures

 

a)         The following business types are excluded from the Program:

 

1)         a private club or business that limits membership for reasons other than capacity;

 

2)         a government-owned business entity (except for businesses owned or controlled by a Native American tribe);

 

3)         a business that derives at least 33% of its gross annual revenue from legal gambling activities, unless, subject to the Department's approval, the business is a restaurant with gaming terminals;

 

4)         a business engaged in pyramid sales, in which a participant's primary incentive is based on the sales made by an ever-increasing number of participants; or

 

5)         payday lenders.

 

b)         A business shall be ineligible to participate in the Program if it:

 

1)         did not comply with COVID-19 prevention directives;

 

2)         is delinquent on payment of any State of Illinois tax obligation;

 

3)         is on the Illinois Stop Payment List or in default of any contractual obligation to the Department, DHS, or DOA;

 

4)         is engaged in a business that is unlawful under Illinois or federal law;

 

5)         has already received assistance under the Program, unless the Department allocates funding specifically for severely impacted businesses that have already received assistance;

 

6)         is on the federal System for Award Management excluded parties list; or

 

7)         does not meet any other eligibility criteria established in a financial assistance application.

 

c)         Allowable expenditures must be incurred on or after March 1, 2020 and by the deadline identified in any announcement or certification applicable to any financial assistance opportunity.

 

d)         Ineligible expenditures include:

 

1)         expenses that have been or will be reimbursed under any State, local, or federal program, such as expense or losses that were reimbursed by a loan forgiven under the CARES Act's Payroll Protection Program;

 

2)         damages covered by insurance;

 

3)         expenditures prohibited by section 5001(b) of the CARES Act;.

 

4)         reimbursement to donors for donated items or services;

 

5)         workforce bonuses other than hazard pay or overtime;

 

6)         severance pay;

 

7)         legal settlements; or

 

8)         any other expense not reasonably incurred due to the COVID-19 emergency.

 

e)         Expenses shall be submitted to the State agency or qualified partners for review, either as part of the application process or following selection for financial assistance. Expenses shall be reviewed for eligibility and funding will be provided to BIG participants after verifying allowable expenditures.

 

Section 690.100  Reporting, Cooperation, and Record Retention

 

a)         BIG participants shall not deviate from the budget, project scope, or objectives stated in the financial assistance agreement or certification, except with prior approval of the Department and any qualified partner or other State agency administering the specific program.

 

b)         On or before March 31, 2021, BIG participants shall submit a report to the Department on the use of financial assistance, in relation to the project and initial budget, and any information about the impact of BIG requested by the Department.

 

c)         BIG participants shall:

 

1)         permit access to their premises, and inspection of records relating to BIG, to any lawful governmental authority, including, but not limited to, the Department, DHS, DOA, the Illinois Attorney General, the Illinois Auditor General, the Illinois Office of the Executive Inspector General, the Office of Inspector General of the U.S. Department of the Treasury; and

 

2)         cooperate in any audit, monitoring, or investigation relating to BIG.

 

d)         BIG participants shall retain records relating to BIG until at least December 31, 2026, unless another retention period is set forth in the financial assistance agreement or certification or until after the conclusion of all litigation, claims, or audit exceptions involving the records have been resolved and final action taken. 

 

e)         Participation in BIG requires a business to have complied with, and remain in compliance with, all laws, orders, and regulations that are relevant to operation of the business, including the COVID-19 Prevention Directives.

 

Section 690.110  Noncompliance

 

A BIG participant shall return all funds provided under BIG if it makes any material misrepresentation in applying for, or reporting on, the use of financial assistance or if it does not comply with any requirements in this Part or breaches any material term of the financial assistance agreement or certification. A material term is any term that relates to eligibility for BIG participation, reimbursement under the CRF, or compliance with State and federal law, including COVID-19 Prevention Directives. Recovery of funds in the event of noncompliance may be effectuated by any means authorized under Illinois law, including the Grant Funds Recovery Act [30 ILCS 705] for any financial assistance in the form of a grant.

 

Section 690.120  Prioritizing Severely Impacted Businesses and Industries

 

a)         The Department will provide targeted funding opportunities for industries and businesses most impacted by the COVID-19 emergency. In determining which industries and businesses to prioritize, the Department will consider the impact of compliance with the COVID-19 Prevention Directives on business operations or impact of the COVID-19 emergency on the workforce. The Department will also prioritize funding to qualifying small businesses.  The targeted funding opportunities will be announced on the Department's website.

 

b)         Targeted funding opportunities to qualifying businesses will include financial assistance to:

 

1)         Bars and restaurants that:  earned between $80,000 and $3 million in revenue in 2019, or a pro-rated amount of revenue if the establishment was in business for less than the entire year; operated for at least the three months prior to March 2020; did not provide outdoor food and beverage service during phase 3 of the Restore Illinois Plan; and incurred necessary expenditures of at least $10,000 since March 21, 2020.

 

2)         Businesses in severely disproportionately impacted areas that:  earned between $80,000 and $2 million in revenue in 2019, or a pro-rated amount of revenue if the establishment was in business for less than the entire year; operated for at least the three months prior to March 2020; and incurred necessary expenditures of at least $10,000 since March 21, 2020.

 

3)         Barbershops and salons that:  earned between $80,000 and $500,000 in revenue in 2019, or a pro-rated amount of revenue if the establishment was in business for less than the entire year; operated for at least the three months prior to March 2020; and incurred necessary expenditures of at least $10,000 since March 21, 2020.

 

4)         Fitness centers that:  earned between $80,000 and $2 million in revenue in 2019, or a pro-rated amount of revenue if the establishment was in business for less than the entire year; operated for at least the three months prior to March 2020; incurred necessary expenditures of at least $10,000 since March 21, 2020; and operated out of a single permanent location. 

 

5)         Qualifying small business having experienced severe impacts during the COVID-19 emergency, in particular those whose return to normal activity is limited by phases of the Restore Illinois Plan or COVID-19 Prevention Directives.

 

Section 690.130  Applicant Affiliations

 

In a financial assistance opportunity that may be applied for on or after July 21, 2020, a business' revenue and headcount shall include that of any parent company, affiliate, and subsidiary for the purposes of any revenue or employee headcount eligibility criteria set forth in this Subpart.

 

Section 690.140  Child Care Restoration Grant Program

 

a)         This Subpart implements Section 1050 of the DCEO Law.

 

b)         For purposes of this Subpart C, "Program" means the Child Care Restoration Grant Program.

 

Section 690.145  Requirements for Child Care Restoration Grants

 

In order to qualify for a Child Care Restoration Grant, the applicant must:

 

a)         be a licensed child care provider holding a valid day care license from DCFS (see 89 Ill. Adm. Code 406, 407 or 408).

 

b)         regularly provide full-day, year-round child care services.

 

c)         typically rely on private-pay tuition receipts and/or payments through DHS' Child Care Assistance Program (CCAP (see 89 Ill. Adm. Code 50)) for at least 25% of its revenues.

 

d)         be open and receiving children at the time of application.

 

e)         certify that its operating capacity has been reduced as a result of COVID-19 restrictions.

 

Section 690.150  Calculation of Child Care Restoration Grant Award Amounts

 

a)         Grant amounts will be determined based on four factors:

 

1)         The licensed capacity of the applicant, as indicated on its day care license as of March 1, 2020.  If the applicant received its license after March 1, 2020, then its grant award amount will be determined based on its licensed capacity as of the date of its application.

 

2)         The applicant's current Circle of Quality in the ExceleRate Illinois Quality Rating and Improvement System (see 23 Ill. Adm. Code 235.65).

 

3)         The CCAP county grouping in which the applicant is located.

 

4)         Whether the applicant is in a disproportionately impacted area.

 

b)         If an applicant is located in a disproportionately impacted area, its grant amount will be increased by 10%.

 

c)         The first round of grants will be issued between July 1, 2020 and September 30, 2020.  If funds allow, a second round of grants will be made in September 2020 to cover the period of October 1, 2020 through November 30, 2020. The amount of the grants will be determined using the same criteria as the first round (see Section 690.140). After the conclusion of the second round, any grant funds still available may be utilized to fund additional rounds. The selection method may vary based on location and population served to maximize the equitable distribution of financial assistance among disproportionately impacted areas and other affected areas.

 

Section 690.160  Eligible Expenses

 

a)         Grant awards may be used to cover any operational cost that is not otherwise covered by a grant or refundable loan from any source (e.g., Paycheck Protection Program, Economic Disaster Injury Loan, other disaster relief, Head Start or Early Head Start, Early Childhood Block Grant, philanthropic grants) and is eligible for reimbursement through the CRF.

 

b)         After the conclusion of the second round, any grant funds still available may be utilized to fund additional rounds.  The selection method may vary based on location and population served to maximize the equitable distribution of financial assistance among disproportionately impacted areas and other affected areas.

 

c)         Examples of eligible operational costs include, but are not limited to, staff wages and benefits, occupancy costs, materials and supplies, and professional services.

 

Section 690.170  Reporting Requirements

 

a)         Program participants shall provide monthly expenditure reports documenting how grant funds were used.  Reporting will be in a format determined by DHS.  Expenditure reports will be due the 15^th of the month following the month of expenditure.  Documented expenses will be reconciled with grant funds received on a quarterly basis. 

 

b)         Program participants shall provide a final expenditure report of all grant funds by the 15^th of the month following the month of termination of the award.

 

Section 690.180  Monitoring

 

Program participants will be monitored for compliance with contractual obligations, applicable administrative rules, and legislation, ensuring that Child Care Restoration Grant funds are spent appropriately as specified in the financial assistance agreement/certification.  Monitoring may include desk reviews and on-site reviews of the Program participant. 

 

Section 690.200  General Provisions of the Livestock Management Facilities Program (LMFP)

 

a)         Applicants for livestock management facilities financial assistance must submit an application to DOA for one of the following programs:

 

1)         Swine Depopulation Program (SDP)

SDP covers the costs and expenses of swine producers associated with the depopulation and disposal of livestock due to the disruption of the livestock market caused by the COVID-19 emergency.

 

2)         Agriculture Business Interruption Program (ABIP)

ABIP covers monetary losses of livestock producers due to the disruption of the livestock market caused by the COVID-19 emergency.

 

3)         Meat and Poultry Capacity Program (MPCP)

MPCP covers costs for operations and costs associated with facility improvements necessary to decrease or eliminate COVID-19 related slowdowns and mitigate capacity reductions.

 

b)         Applicants are only permitted to apply to one program established in this Subpart.

 

c)         Applicants must comply with all relevant State and federal laws and rules, including prevailing wage requirements, when applicable.

 

d)         Applications must be received by DOA on or before the deadline indicated on the application.

 

e)         DOA will determine, on a continuing basis, the amount of money allocated to each program established in this Subpart and may eliminate payments for a program at any time based on continuing review and assessment of the following factors:

 

1)         Initially received applications;

 

2)         Relevant industry's analysis and appraisal of the greatest need for allocation; and

 

3)         Additional information that becomes available to DOA.

 

Section 690.210  Swine Depopulation Program (SDP)

 

a)         In order to qualify for financial assistance under SDP, an applicant must be a livestock owner or producer that experienced financial loss as the result of a depopulation and disposal event.

 

b)         Applicants for the SDP are eligible to receive financial assistance for costs associated with a DDE that occurred on or after April 15, 2020, under the following conditions:

 

1)         An applicant may receive up to $135 for each 1000 pounds of disposed carcasses.

 

2)         An applicant is eligible to receive up to $10,000.

 

3)         An applicant may apply for financial assistance for no more than 5 DDEs.

 

4)         An applicant who received financial assistance for carcass disposal from the USDA Environmental Quality Incentives Program is ineligible for the SDP.

 

5)         If an applicant is located in a disproportionately impacted area, the amount of financial assistance will be increased by 10%.

 

c)         Applicants of the SDP must submit the following documentation:

 

1)         Completed application;

 

2)         IRS Form W-9;

 

3)         Certification from the applicant attesting that:

 

A)        The disposal of carcasses complied with the Illinois Dead Animal Disposal Act [225 ILCS 610];

 

B)        The applicant did not receive financial assistance for carcass disposal from the USDA Environmental Quality Incentives Program; and

 

C)        Depopulation was the only option because of market supply chain disruption caused by the COVID-19 emergency.

 

4)         Certification from a veterinarian containing the following:

 

A)        Confirmation of a veterinarian-client-patient relationship;

 

B)        Confirmation that the veterinarian has reviewed the applicant's records and that the records accurately depict the number and weight of the applicant's animals at the time of depopulation; and

 

C)        Attestation that euthanasia practices were consistent with American Veterinary Medical Association guidelines.

 

5)         Inventory records documenting total site inventories and dates and location of depopulation and disposal. 

 

Section 690.220  Agriculture Business Interruption Program (ABIP)

 

a)         In order to qualify for financial assistance under ABIP, an applicant must be a livestock owner or producer that experienced monetary losses due to the disruption of the livestock market caused by the COVID-19 emergency.

 

b)         Financial assistance for losses incurred due to market disruption will be based on the following calculations:

 

1)         Swine (market ready hogs greater than 280 lbs.) − $8/head. Pricing is calculated based on a 15-day holding period. Culled breeding stock and sow abortions are not eligible.

 

2)         Beef cattle (market ready fed cattle greater than 1,200 lbs.) − $30/head. Pricing is calculated at 50% of a 15-day holding period. Culled breeding stock is not eligible.

 

3)         Dairy cattle (market ready animal or product) − $1.00/hundredweight. Pricing is calculated based on the producer's production records.

 

4)         Lamb (less than 2 years of age) − $4/head.

 

5)         Poultry − $3/head.

 

6)         Meat Goats − $4/head.

 

c)         Financial assistance under the ABIP will be issued under the following conditions:

 

1)         An applicant is eligible to receive up to $10,000 total under ABIP.

 

2)         Eligible expenses are increased input costs and expenses associated with holding animals and animal-related products for an extended period of time, based on the calculations set forth in this Section, due to the disruption of the livestock market that occurred between April 15 and May 15, 2020.

 

3)         If an applicant is located in a disproportionately impacted area, the amount of financial assistance will be increased by 10%.

 

d)         Applicants for ABIP must submit the following documentation:

 

1)         Completed application;

 

2)         IRS Form W-9;

 

3)         Certification from the applicant verifying applicable losses due to the disruption in the market; and

 

4)         Inventory records documenting total site inventories and sales information.

 

Section 690.230  Meat and Poultry Capacity Program (MPCP)

 

a)         To be eligible to receive financial assistance under MPCP, applicants must meet the following conditions:

 

1)         The applicant must be:

 

A)        A USDA licensed, State licensed, or custom exempt slaughter and/or processing facility; or

 

B)        A slaughter and/or processing facility that submitted an application for licensure to USDA or the State prior to the MPCP application deadline;

 

2)         The applicant must employ no more than 60 total employees;

 

3)         The applicant's license must be registered and in good standing with the Illinois Secretary of State;

 

4)         The applicant's proposed or existing facility must be located in the State of Illinois;

 

5)         Expenses for approved projects must be accrued and all required documentation for reimbursement must be received by DOA by the date indicated on the application; and

 

6)         An entity/facility is only permitted to submit one application for reimbursement under MPCP.

 

b)         Financial assistance received under MPCP may be used for:

 

1)         Costs related to expansion or improvement of an existing facility;

 

2)         Fixtures or equipment necessary to expand animal throughput, processing capacity, the amount or type of products produced, or processing speed;

 

3)         Engineering controls/barriers to reduce disease spread, including, but not limited to, plexiglass barriers/partitions, expansion of work spaces and breakrooms/cafeterias, and ventilation improvements to improve airflow;

 

4)         Development of administrative controls (policies, procedures, training and workplace practices) to reduce disease spread, including, but not limited to, development of masking, screening and disinfection policies, standard operating procedures, and additional training. This may also include the resources necessary to execute these policies and procedures, including, but not limited to, facial coverings, facial shields, thermometers, hand washing stations and supplies, hand sanitizers and dispensers, environmental disinfection supplies, multilingual signage, videos and/or infographics on COVID-19 related information, and policies and procedures; and

 

5)         Equipment necessary for compliance with the federal hazard analysis and critical control point (HACCP) plan.

 

c)         Financial assistance received under MPCP cannot be used for:

 

1)         Wages or salaries;

 

2)         Travel costs;

 

3)         Any part of a project that has already been reimbursed by another federal or State grant program;

 

4)         Purchase of a building/facility; or

 

5)         Land acquisition or associated fees.

 

d)         Financial Assistance under MPCP will be issued under the following conditions:

 

1)         An applicant, including any parent company, affiliate, and subsidiary, is eligible to receive up to $25,000.

 

2)         Eligible payments will be made after the applicant provides DOA with documentation demonstrating that expenses for eligible projects have been accrued.

 

3)         If an applicant is located in a disproportionately impacted area, the amount of financial assistance will be increased by 10%.

 

e)         Applicants for MPCP shall submit the following documentation:

 

1)         Completed application;

 

2)         IRS Form W-9; and

 

3)         Certification from the applicant verifying eligible expenses, as set forth in subsection (b), and attesting that no part of the project has been reimbursed by another federal or State grant program.

 

Section 690.240  Reporting Requirements for All LMFPs

 

If applicable, LMFP participants shall provide a final expenditure report to DOA no later than December 31, 2020 in a format determined by DOA.  This date could be extended based on extenuating circumstances.  Documented expenses will be reconciled with funds received. 

 

Section 690.250  Monitoring of All LMFPs

 

LMFP participants will be monitored for compliance with contractual obligations, applicable administrative rules, and legislation, ensuring that LMFP funds are spent appropriately.  Monitoring may include desk reviews, correspondence with certifying veterinarians, and on-site reviews of the LMFP participant. 

 

Section 690.300  General

 

For purposes of this Subpart E, references to "this Program" means the repayment program created by this Subpart E.

 

Section 690.305  Eligibility

 

A qualifying business that applied for an eligible loan under ELF during March 2020 shall be eligible for financial assistance under BIG providing the business has met the minimum criteria established by BIG and this Subpart E. Financial assistance will include either a loan repayment for borrowers who have outstanding debts under ELF or a grant for applicants who ultimately were not awarded a loan.

 

Section 690.310  Selection Process

 

a)         Subject to the availability of funds, the Department and its qualified partner will announce, to eligible businesses, fund availability and the application procedures for financial assistance via its website and other communication mediums.  The application shall identify the information and supporting documentation applicants must include in their requests for financial assistance. The Department's qualified partner shall accept the applications for financial assistance.

 

b)         Each application for financial assistance shall include a request for the following information:

 

1)         The amount of funds borrowed by the applicant from ELF and how much remains unpaid;

 

2)         The amount of costs and losses experienced by the applicant's business from March 1, 2020 until the present;

 

3)         The amount of funds received from other CARES Act-funded programs by the applicant;

 

4)         2020 bank statements; and

 

5)         Any other information requested by the Department or its qualified partner to assist in determining eligibility under this repayment program, the offering of financial assistance to an applicant, and the type of assistance that may be offered.

 

c)         Under ELF, borrowers who have costs and losses equal to or greater than the loan amount outstanding shall qualify to receive an award of equal value that repays the outstanding loan amount. ELF applicants who were never awarded a loan and are currently on the waitlist for an emergency loan may qualify to receive financial assistance equal to $10,000 or $20,000 if the scale of costs and losses experienced since March are equal to or greater than the available award. The number of awards available to applicants will be based on the availability of funds set aside for this repayment program.

 

Section 690.320  Priority Status

 

Priority for financial assistance under this repayment program shall be given to borrowers first. After eligible borrowers are offered financial assistance, priority will be given to businesses who applied but did not receive a loan under ELF that are located in a disproportionately impacted area, did not receive financing under the Paycheck Protection Program, or are located in downstate Illinois. If funds under this repayment program remain unobligated after the initial disbursement to the previously mentioned groups, the Department's qualified partner will select additional recipients from applicants of this repayment program, utilizing a lottery method.

 

Section 690.400  Prioritizing Acutely Distressed Industries

 

a)         This Subpart F creates a program offering funding opportunities to acutely distressed industries (ADI) that meet the minimum requirements established under BIG and the CARES Act. The Department will be responsible for determining which industries shall be designated as ADI. To determine which applicants will qualify as a member of an ADI, the Department will establish and provide to its qualified partners evaluation criteria that will include, but are not limited to, the following:  

 

1)         Intent and purpose of the enabling legislation;

 

2)         State and federal guidelines regarding COVID-19;

 

3)         Data from the Illinois Department of Public Health and other reputable sources; and

 

4)         Any other factors deemed necessary to reach the most impacted businesses and industries.

 

b)         The Department will limit the amount of financial assistance available to a qualifying business under this prioritization to no more than $150,000.  A subaward under this Subpart F shall be determined based on the availability of funds and the value of eligible costs and losses incurred by the qualifying business.

 

Section 690.500  Set-Aside for Technical Assistance

 

The Department will utilize CURE funds to implement a program that will provide financial assistance to qualified non-profit organizations to provide technical assistance to diverse, underserved and minority-owned small businesses. Technical assistance will be provided to increase the awareness of, and to assist in the procurement of, financial assistance under BIG and other relevant resources.