Section 250-RICR-90-00-20.5 - FindingsA. On December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133).B. The Seafood Processors Pandemic Response and Safety (SPRS) Block Grant Program is authorized and funded under Title VII, subtitle B, §751 of the CAA. Under §751, the Secretary is authorized to provide grants to seafood processing facilities and processing vessels to respond to COVID-19, including for measures to protect workers against COVID-19.C. On September 23, 2021, the Agricultural Marketing Service in the U.S. Department of Agriculture (AMS) issued a Request for Applications (RFA) pursuant to §751 of the CAA. The RFA provided the opportunity for a State agency from each eligible State to apply for funding in the form of a Seafood Processors Pandemic Response and Safety (SPRS) block grant, and then administer that grant to eligible beneficiaries within each State. The RFA set forth the block grant award amounts available to each State, eligibility criteria for applicants and beneficiaries, eligible uses for the grants funds, and the process for States to follow to apply for and receive the available grant allocations. The RFA established a November 22, 2021 grant application deadline for all eligible States.D. Pursuant to the RFA, Rhode Island was deemed an eligible State and allocated $ 371,412.00.E. Pursuant to the RFA, eligible applicants include the State agencies, commissions, or departments in eligible States that are responsible for agriculture, fisheries, wildlife, seafood, commercial processing, or related commerce activities within the State. F. Pursuant to the RFA, eligible beneficiaries include seafood processing facilities and dealers, as well as processing vessels.G. Pursuant to the RFA, funds from the SPRS block grants awarded to each State must be used for the sole purpose of reimbursing eligible beneficiaries to help defray eligible expenses they incurred to prepare for, prevent exposure to, and respond to the COVID-19 pandemic during the period between January 27, 2020 and December 31, 2021. Eligible expenses pertain to costs associated with one (1) or more of the following six (6) categories of activities: workplace safety measures, market pivots, retrofitting facilities, transportation, worker housing, and/or medical. The RFA afforded States the opportunity to identify and target those categories that aligned with local conditions and industry needs.H. Following issuance of the RFA, the Rhode Island Department of Environmental Management (Department) was identified as the Rhode Island State agency that would apply for and administer Rhode Island's SPRS block grant.I. In accordance with the RFA, the Department conducted outreach with Rhode Island stakeholders to ensure eligible beneficiaries were aware of the program and understood the requirements of the funding opportunity; obtain input on the most effective use of the funds; obtain input on eligible funding categories and funding amounts per category, based on local conditions and industry needs.J. The Department held two (2) public workshops regarding Rhode Island's SPRS block grant, on October 26, 2021 and November 11, 2021. At the workshops, RIDEM briefed stakeholders on the SPRS block grant program and solicited input on the development of Rhode Island's application to receive and administer the grant.K. As a component of the above-described public process, the Department sought and received input from stakeholders regarding the enactment of Regulations to govern the process of administering Rhode Island's SPRS block grant, upon approval by AMS. All stakeholders supported use of an expeditious regulatory process, in recognition that the issues addressed by Regulation would fundamentally be the same as the provisions set forth in the Rhode Island application.L. On November 19, 2021, the Department submitted Rhode Island's application for the SPRS block grant to AMS for review. The application set forth a proposal for implementation consistent with required AMS provisions in the RFA and public input provided at the two (2) public workshops. In particular the application proposed to target, and limit, reimbursable COVID-19-related costs to three (3) categories of activities: workplace safety measures, market pivots, and retrofitting facilities. The application also proposed to provide equitable opportunities to all eligible beneficiaries seeking reimbursement for eligible expenses.M. On January 24, 2022, the Rhode Island SPRS block grant application was approved by AMS.N. These Rules and Regulations operationalize the process of disbursing Rhode Island's $ 371,412.00 SPRS block grant, consistent with the provisions of the CAA, the guidance provided by AMS, and the approved Rhode Island application.250 R.I. Code R. 250-RICR-90-00-20.5
Adopted effective 4/13/2022
Amended effective 4/13/2022