Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.5 - Findings

Current through June 14, 2024
A. 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.