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01/11/2020

COVID-19 Resources

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Senate GOP Released Next COVID Package

Update from NPMA

The Senate Republicans have finally (finally!) dropped their initial volley in the battle for the next COVID package with the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act. Originally expected last Wednesday, the bill was released in 20+ individual documents over several hours on July 27, with one unifying document still not available at the time of writing. Unfortunately, this release and bill do not appear very organized, and it probably speaks to the significant rewrites that allegedly occurred over the weekend.

This bill will see significant changes before passage, if passage occurs. NPMA will continue updating membership on iterations of the legislation.

This bill is only the opening salvo in what will likely be a couple weeks of back and forth. The House was set to recess after this week, but obviously they will need to at least come back for votes. The Senate GOP have been clear this is a starting marker, and they don't anticipate this bill even passing the Senate as-is. Given the expiration of several provisions this week (the eviction moratorium and extra $600 on unemployment) the GOP has also floated the idea of carving up issues into several smaller bills, which the Democrats have rejected out of hand.

Where are the Democrats? The Democrats are using The HEROES Act (NPMA's breakdown available here) as their starting point, with additional funding on top for state and local government. Their target is approximately $3-4 trillion. They are vehemently opposed to multiple provisions outlined below; the liability limitations and lowered unemployment have been particularly points of contention.

The White House: President Trump has been championing a payroll tax cut for months although neither Republicans nor Democrats have been in favor. He has said he would consider vetoing any package that does not include this provision  but is yet to be seen if this is a sticking point that would prohibit the President's signature on a final bill. It's worth noting that any package that can get past both houses and both parties will almost certainly have a veto-proof majority.

Individuals

COVID Checks to individuals: Individuals who received a check under the CARES Act will see a second iteration. Those with an income of $75,000 ($150,000 joint) will receive $1,200 ($2,400 joint) as well as an additional $500 per dependents of any age. (Under CARES, this was limited to dependents aged 17 and under.) As with CARES, the amount phases-out completely once the income of single filers exceeds $99,000 ($198,000 joint). Rebates would now be retroactively protected from bank garnishment or levy by private creditors, debt collectors, or bank garnishment. 

Student Loan Repayment: Reduces 9 current repayment options to either a standard ten-year mortgage-style payment plan or an income-based payment plan that limits payments to 10% of discretionary income. If a borrower has only undergraduate loans, then their outstanding debt will be forgiven after 20 years of payments. If the borrower has any graduate loans, then their outstanding debt will be forgiven after 25 years of payments. Federal student loan borrowers who enter repayment or wish to switch repayment plans on or after October 1, 2020 can choose between these two options.

Rental Assistance: Allocates $2.2 billion to maintain current Section 8 voucher rental assistance for low-income families who are experiencing a loss of income from the coronavirus.

Eviction Moratorium: Republicans have indicated they would extend the moratorium on evictions, but as of the time of writing, there does not appear to be textual support for this claim. As noted earlier, there is still not one cohesive copy of the bill, only individual sections, so it is possible it is buried in one of the many components.

Businesses

Paycheck Protection Program (PPP): The bill would make significant changes to the PPP Loans.

  1. 501(c)6 Now eligible for PPP: 501(c)(6) organizations are now eligible if they are a Chamber of Commerce, a destination marketing organization or meet a series of qualifications. This 3rd category has a max loan of $500,000 and the organization must have 50 or fewer employees and can't spend more than 10% of receipts on lobbying. This third category would cover most state associations in the pest management industry. 
  2. Changes in Allowable Expenses: The following expenses are now eligible/forgivable under the PPP
    1. Covered operations expenditures: software, cloud computing & HR/Accounting needs.
    2. Property damage costs: Costs related to property damage due to public disturbances that occurred during 2020 that are not covered by insurance. (i.e., if your business was materially harmed during riots or demonstrations).
    3. Covered supplier costs: Expenditures to a supplier pursuant to a contract for goods in effect prior to February 15, 2020 that are essential to the recipient's current operations.
    4. Covered worker protection expenditure. Personal protective equipment and adaptive investments to help a loan recipient comply with federal health and safety guidelines related to COVID-19 during the period between March 1, 2020, and December 31, 2020. 
  3. Second Draw Loans: Creates a second round of PPP loans called "Second Draw Loans." To be eligible a business must have 300 or less employees and demonstrate at least a 50% reduction in gross receipts in the first or second quarter of 2020 relative to the same 2019 quarter. Loan amounts are for up to 2.5 times the average total monthly payroll costs in the one year prior to the loan up to $2 million. Businesses cannot receive more than 10 million between the two loans. Second Draw borrowers would be eligible for loan forgiveness equal to the sum of their payroll costs, covered mortgage, rent, utility payments, covered operations expenditures, covered property damage costs, covered supplier costs, and covered worker protection expenditures incurred before January 1, 2021. The 60/40 cost allocation between payroll and non-payroll costs in order to receive full forgiveness will continue to apply. At the time of writing, it is unclear if 501(c)(6) organizations would be eligible for a Second Draw loan should their first run out.
  4. Changes in overall loan amounts: Borrowers may receive a maximum of $2 million dollars under the first round of PPP funding (was formerly $10 million). If a borrower's loan calculations have increased due to changes in eligible expenditures (listed above) then borrowers can work with lenders to alter their loan value even if the loan has been fully disbursed.

Other PPP changes

  • Clarifies that employer provided group insurance is considered a "payroll cost" under the PPP eligibility requirements.
  • Forgivability for loans under $150,000: Borrowers are not required to submit to the lender documentation required by section 1106(e) of the CARES Act, but must attest to a good faith effort to comply with Paycheck Protection Program loan requirements, retain relevant records for three years, and may complete and submit demographic information. Reviews and audits are possible.
  • $25 billion in PPP funds is set aside for entities employing 10 or fewer employees.

Employee Retention Tax Credit (ERTC): Under the CARES Act, employers are eligible for the ERTC if their (1) operations were fully or partially suspended due to a COVID-19-related shut-down order, or (2) gross receipts declined by more than 50 percent when compared to the same quarter in the prior year. 

  • This bill will lower the amount of the reduction in gross receipts required to qualify as an eligible employer from a 50% decline to a 25% decline compared to the same calendar quarter in the previous year. 
  • The provision also modifies the definition of gross receipts to include gross receipts of tax-exempt organizations.
  • The credit is based on the amount of qualified wages paid by the employer. The CARES Act limited the amount of qualified wages taken into account per employee to $10,000 for the year. This bill increases the limitation on qualified wages taken into account per employee to $10,000 per quarter (limited to $30,000 for the calendar year).
  • Under the CARES Act, for employers with greater than 100 full-time employees, the credit is based only on the portion of an employee's wages that compensate the employee for not performing services. For employers with 100 full-time employees or less, the credit is based on all wages paid to an employee.
  • The bill would allow employers to be eligible for both the ERTC and the PPP. It also clarifies that group health plan expenses are considered qualified wages.
  • This would be applicable the start of the quarter after passage. (i.e., if it passes in September, it would be applicable for Q4 of 2020.)

Workplace and Individual: Health, Safety and Unemployment

Unemployment: This has been one of if not the main sticking point in negotiations between Democrats and Republicans. The CARES Act provides an additional payment of $600 per week to individuals receiving unemployment insurance (UI) benefits through July of 2020. This bill would continue supplemental payments of $200 per week through September. Starting in October, this payment would be replaced with a payment (up to $500) that, when combined with the state UI payment, would replace 70 percent of lost wages-either via a formula specified in the bill or by a state proposing an alternative method and receiving approval from the Secretary. States that are unable to provide a second payment tied to lost wages by October 5 could apply for a waiver from the Department of Labor to continue paying a fixed dollar amount for up to two months. Starting in October, the additional payment would count as income when determining eligibility for federal low-income programs in the same way as wages and regular state unemployment insurance payments do now.

FSA/DCFSA: Flexible Spending Account (FSA) and Dependent Care Flexible Spending Account (DCFSA) unused 2020 contribution amounts would be rolled over into the 2021 plan year.

Disinfectant Tax Credits: One of NPMA's priorities, this would establish a refundable payroll tax credit equal to 50 percent of an employer's "qualified employee protection expenses," such as testing for protective personal equipment, cleaning or disinfection of a workspace, and many others. In each calendar quarter, qualified expenses cannot exceed a cap based on the average number of employees. This will make disinfectant services more affordable for smaller businesses and also allow a write off for NPMA members who need to purchase equipment or products to keep their workplace free of COVID.

Limiting Liability: This has been a GOP messaging point the last few months and the text provides two types of liability limitation: medical professionals and businesses/schools/churches. This bill would preempt all state and local laws to establish a ceiling on the liability a business or medical professional can bear; states can choose to limit it further but cannot expand. Under the bill, there is a one-year statute of limitations from Dec. 1, 2019 through Oct. 1, 2024 or whenever the public health emergency is declared over. The bill provides a safe harbor, indicating that a defendant is not liable for coronavirus exposure as long as reasonable efforts were taken to comply with the applicable mandatory coronavirus standards and regulations in effect at the time of the alleged exposure. If the defendant was not subject to mandatory standards, it can claim the benefit of the safe harbor so long as it followed some set of applicable public-health guidelines. Should multiple sets of applicable mandatory guidelines conflict, compliance with one set will satisfy the safe harbor. Safe harbor is forfeited if gross negligence or willful misconduct is proven. Damages are limited to economic losses and punitive damages prohibited except in cases involving intentional misconduct. States cannot authorize higher damages.

Miscellaneous provisions of interest

  • $105 billion for reopening schools.
  • $16 billion in grants to states for testing, contact tracing, and surveillance.
  • $20 billion for vaccine, therapeutic and diagnostic development.

Sure, Let's Pretend This is Related to COVID

  • A "Buy American" bill: while one provision does discuss buying American for PPE, the vast majority of the bill instead focuses on things like critical minerals and semi-conductor manufacturing, which has been a priority for some GOP members for quite some time.
  • A bill that sets up "rescue committees" to work on the longer term (defined as 75 years) solvency of Highway Trust Fund, Social Security and Medicare.
  • $1.75 Billion to build a new FBI HQ in DC, which has been a priority of President Trump.
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What's Next?

Overall, this bill is fairly comprehensive, if disjointed. There are many positive aspects: from the disinfectant tax credit to the PPP changes. However, even the Senate GOP leadership admits that significant changes will be made, and multiple GOP Senators will vote against the bill on principle.

Further complicating things is how far apart the Dems and GOP are on both policy and price. The limiting liability and unemployment provisions will be particular sticking points for the Democrats. The GOP balks at the $3-4 trillion price tag the Democrats have championed. All of this against a backdrop of an impending August recess and expiring provisions. It's going to be a rough 1-2 weeks while Congress tries to iron out their differences.

Posted June 17, 2020

Contact Congress Today: Support Disinfectant Services Tax Credit

Update from NPMA

Congress has indicated they will focus on their next COVID-19 Relief package in July, so NPMA has created a month-long campaign to spotlight COVID-19 bills our industry cares about. Each week we will be asking you to participate in a voter voice on a specific bill to raise awareness on Capitol Hill. NPMA will also be tweeting and sending a letter from Dominque Stumpf, NPMA's CEO, to Congress outlining our concerns.

This week's campaign focuses on H.R. 7079, The Clean Start: Back to Work Tax Credit Act.

H.R. 7079 would create a tax credit per business entity to help defray the unforeseen and increased cleaning costs associated with fighting the coronavirus. The credit would be temporary, capped, and used to help offset the costs of cleaning services, cleaning products and sanitary-related equipment. Qualified cleaning expenses also would include personal protective equipment, which is critical to protecting employees and the public. This bill would assist businesses that want to reopen safely and allow disinfectant services to remain financially feasible for struggling businesses.

We need you to reach out to your Representatives and encourage them to include H.R. 7097 H.R. 7079, The Clean Start: Back to Work Tax Credit Act in the next COVID relief package. 

Contact your member of Congress today by sending a Voter Voice.

Posted June 10, 2020

Contact Congress Today: Maintain Small Business Exemptions

Update from NPMA

Congress has indicated they will focus on their next COVID-19 Relief package in July, so NPMA has created a month long campaign to spotlight COVID-19 bills our industry cares about. Each week we will be asking you to participate in a voter voice on a specific bill to raise awareness on Capitol Hill. NPMA will also be tweeting and sending a letter from Dominque Stumpf, NPMA's CEO, to Congress outlining our concerns.

We have a window to make a difference and we need your help.

This week's campaign focuses on a provision in the recent House-passed bill, The HEROES Act. Currently if you have 50 or fewer employees you can qualify for an exemption from providing COVID-19 specific paid leave. It's not automatic, and you do have to document that you meet all the qualifications Department of Labor lays out, but if offering an employee paid leave for COVID-19 related reasons would "jeopardize the viability of the business as a going concern" then you have a recourse through this exemption. (More information is available on NPMA's website here.) The HEROES ACT would remove this exemption entirely, leaving no recourse for businesses under 50 employees.

We need you to reach out to your Senators and explain that removing this exemption would be hurtful to small businesses. If The HEROES Act or any similar legislation receives a vote in the Senate, we urge them to remove this exemption. Take action today through our VoterVoice and tell your Senator to retain this key small business exemption.

Posted June 10, 2020

New Senate PPP Bill Introduced Allowing a Second Loan

Update from NPMA

Senators Ben Cardin (D-Md.), Chris Coons (Del.) and Jeanne Shaheen (N.H.) introduced The Prioritized Paycheck Protection Program (P4) Act this afternoon that would allow businesses with less than 100 employees who have suffered as a result of COVID-19 to take out a second PPP (or P4) loan.

Qualifying borrowers must have 100 employees or less or be self-employed and must also be able to demonstrate a loss of more than 50% in gross receipts for a quarter in 2020 compared to a quarter in 2019. They must have exhausted (or be on pace to exhaust) their first PPP loan and certify they need the funding to support ongoing operations for covered expenses (payroll and rent/utilities/mortgage).

Publicly traded companies would not be eligible, and a P4 loan must not exceed $2 million. The Small Business Administration (SBA) would provide priority to companies with ten employees or less. If passed, the deadline to apply for these P4 loans would be October 1, 2020, although the SBA would be empowered to extend that deadline.

Many in the Senate have not had a chance to comment on this legislation yet given it's only several hours old. NPMA will continue to monitor this and other COVID-19 bills that could impact the industry. For questions on PPP loans or Congress, contact VP of Public Policy Ashley Amidon at aamidon@pestworld.org.

Posted June 5, 2020

President Trump Signs PPP Changes Into Law

Update from NPMA

President Trump has signed H.R. 7010 the Paycheck Protection Program Flexibility Act into law. The bill makes two significant changes to the PPP loans. Previously, 75% of the funds could be used on payroll and 25% towards rent, utilities, and/or mortgage payments; now 60% can go towards payroll and 40% to rent/utilities/mortgage payments. Originally loans had to be used within 8 weeks; the bill now extends that to 24 weeks. NPMA applauds the passage of this bill and the increased flexibility it will give to small businesses.

For questions about Congress or PPP loans, contact NPMA's VP of Public Policy, Ashley Amidon, at aamidon@pestworld.org.

Posted May 14, 2020

NPMA COVID-19 Update: SBA Updates PPP Guidance

Update from NPMA

The Small Business Administration (SBA) has updated guidance on May 13 related to "borrower need" under the Paycheck Protection Program.

The concern over which companies have a demonstrated need has been a subject of much debate and media attention, as the lack of clear guidance resulted in many large companies applying for and receiving loans during the first round of PPP funding. SBA released a clarification in April regarding what constituted need; you can read NPMA's update on that clarification here. As larger companies with access to capital markets have debated whether to return funding or not, small businesses have also wondered what exactly a demonstrated need is.

SBA updated their FAQ document on May 13th to further clarify. In FAQ Question 46 the SBA explains that they have created a safe harbor provision for smaller loans. In essence, loans that are under $2 million are deemed to have been made in good faith. Borrowers should still maintain records as required by the program but audits will be focused on loans above $2 million, as those companies are more likely to have access to other funding streams.

The full answer is available below. For additional questions, contact Ashley Amidon, VP of Public Policy at aamidon@pestworld.org.

Coped from page 16 of the SBA FAQ available here:

Question: How will SBA review borrowers' required good-faith certification concerning the necessity of their loan request?

Answer: When submitting a PPP application, all borrowers must certify in good faith that "[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant." SBA, in consultation with the Department of the Treasury, has determined that the following safe harbor will apply to SBA's review of PPP loans with respect to this issue: Any borrower that, together with its affiliates, 20 received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith.

SBA has determined that this safe harbor is appropriate because borrowers with loans below this threshold are generally less likely to have had access to adequate sources of liquidity in the current economic environment than borrowers that obtained larger loans. This safe harbor will also promote economic certainty as PPP borrowers with more limited resources endeavor to retain and rehire employees. In addition, given the large volume of PPP loans, this approach will enable SBA to conserve its finite audit resources and focus its reviews on larger loans, where the compliance effort may yield higher returns.

Importantly, borrowers with loans greater than $2 million that do not satisfy this safe harbor may still have an adequate basis for making the required good-faith certification, based on their individual circumstances in light of the language of the certification and SBA guidance. SBA has previously stated that all PPP loans in excess of $2 million, and other PPP loans as appropriate, will be subject to review by SBA for compliance with program requirements set forth in the PPP Interim Final Rules and in the Borrower Application Form. If SBA determines in the course of its review that a borrower lacked an adequate basis for the required certification concerning the necessity of the loan request, SBA will seek repayment of the outstanding PPP loan balance and will inform the lender that the borrower is not eligible for loan forgiveness. If the borrower repays the loan after receiving notification from SBA, SBA will not pursue administrative enforcement or referrals to other agencies based on its determination with respect to the certification concerning necessity of the loan request. SBA's determination concerning the certification regarding the necessity of the loan request will not affect SBA's loan guarantee.

Posted May 13, 2020

NPMA COVID-19 Update: HEROES Act

Update from NPMA

House Democrats dropped text today of their next COVID relief bill titled The Health and Economic Recovery Omnibus Emergency Solutions, or HEROES Act. Clocking in at about $3 trillion, it runs 1,815 pages (the summary alone is 90 pages). A House vote is tentatively scheduled for 9 AM Friday. It will likely pass along partisan lines and then languish in the Senate, as Republicans have indicated they do not see a need to pass another stimulus bill right now.

Knowing this, the Democrats have used this as a messaging vehicle, loading it up with every priority (and then some) not included in previous bills. Some provisions bear only a passing connection to COVID's effects on individuals and businesses, some are bipartisan and sensible, and some are almost guaranteed to cause GOP outcry. Despite the many provisions that will never pass, this bill is worth dissecting because some of these provisions will likely find support amongst Republicans in whatever the next package is, whenever it passes. It is also worth noting that some progressives are also unhappy with the bill, noting it doesn't go far enough.

Below is an initial breakdown of provisions within the bill of interest to individuals and businesses. Please note, this bill is not likely to pass Congress in its current form; it will likely pass the Democratic-controlled House with few or no changes but will not be welcomed in the GOP controlled Senate. NPMA staff will continue to monitor this legislation and provide updates as they are available; for specific questions, contact Ashley Amidon, VP of Public Policy at aamidon@pestworld.org.

IndividualsINDIVIDUALS

COVID Checks to individuals:

  • $599 million to provide a second round of $1,200 checks to adults making up to $75,000.
  • Children would receive the same amount of $1,200 instead of the $500 outlined in the CARES Act.
  • Under the CARES Act, checks were made based on "children"; the HEROES Act specifies "dependents." A filer may claim $1,200 per dependent for up to 3 dependents.
  • Prohibits checks mailed specifically for COVID relief to be taken in bankruptcy proceedings, garnishments, or to be held as payment for any debt. (likely in response to instances like USAA seizing checks of servicemembers to pay off debts.)
  • Prohibits the President or any Cabinet secretary from signing or otherwise placing their name on checks to individuals.

Student Loans: Prohibits federally backed student loans from accruing interest through September 30, 2021. Provides up to $10,000 in relief for all Department of Education and privately held loan borrowers. This payment will not be considered taxable income.

Debt Collection: Prohibits collection of consumer debt during this COVID-19 crisis and for 120 days thereafter.

Homeowners & Renters:

  • Owners: $75 billion to states to provide direct assistance with mortgage payments, property taxes, property insurance, utilities, and other housing related costs.
  • Renters: $100 billion to states for an Emergency Rental Assistance program that would help renters pay their rent and utility bills during the COVID-19 pandemic and help rental property owners continue to cover costs.
  • Both: Extends and expands the eviction moratorium and foreclosure moratorium in the CARES Act to include all renters and homeowners.

Taxes: Makes the child tax credit ("CTC") fully refundable for 2020 and increases the amount to $3,000 per child ($3,600 for a child under age 6). The provision also makes 17-year-olds qualifying children.

BusinessesBUSINESSES

Debt Collection: Establishes a temporary moratorium on small business and non-profit debt collection during this COVID-19 crisis, and for 120 days after its conclusion. For non-profit debt collection, only 501 (c) 3 organizations are eligible for the moratorium.

Changes to Main Street Lending Program:

  • The Federal Reserve would be required to provide at least one low-cost loan option that small businesses and small non-profits are eligible for that does not have a minimum loan size (overriding the current $500,000 minimum loan size to participate in the program.). This makes the Main Street program workable for very small businesses.
  • Non-profit organizations would now be considered eligible borrowers, and the Fed would create a low-cost loan option specific to non-profits with deferred payments. The loan may be forgiven solely for non- profits predominantly serving low-income communities that are ineligible for a PPP loan.

Changes to PPP Loans:

  • All non-profits are now eligible for PPP loans.
  • The covered period for PPP loans would be extended to December 31, 2020.
  • PPP funds could be stretched over 24 weeks instead of the eight weeks originally passed in the CARES Act.

Small Business Grants: $10 billion in grants to small businesses that have suffered financial losses as a result of the coronavirus outbreak.

Essential Worker Support: Establishes $850 million in funding to provide childcare support to those considered essential workers. States can determine if that support is distributed via reimbursement, paying providers directly, or setting up childcare services. No income test may be used to determine eligibility. Essential workers are defined as any of the following: Health care sector workers; Emergency response workers; Sanitation workers; Workers at businesses which state or local officials have determined must stay open to serve the public during the COVID-19 emergency; Any other worker who cannot telework and who the State or local government deems to be essential during the COVID-19 pandemic.

(NPMA NOTE: this provides very broad definitions of "essential worker" and as specified, could cover the pest management industry. It is likely that a narrower definition would be ultimately used.)

Taxes:

  • Allows businesses receiving Paycheck Protection Program loan forgiveness to defer payment of payroll taxes under Section 2302 of the CARES Act.
  • If an employer has 500 or more employees, they are not eligible for payroll tax credits for these wages. This provision applies to wages paid after the date of enactment.
  • Extends the refundable payroll tax credits for paid sick and family leave through the end of 2021.
  • Allows employers to claim up to $12,000 in refundable payroll tax credits, rather than $10,000 under FMLA provisions.
  • Provides up to a 90% refundable individual income tax credit for certain self-employed individuals who have experienced a significant loss of income. The credit phases out starting at $60,000 of adjusted gross income ($120,000 for married filing jointly) at a rate of $50 for every $100 of income.
  • Provides a payroll credit for certain fixed expenses of employers subject to closure as a result of COVID-19. The credit is a 50% refundable payroll tax credit for qualified fixed costs: covered rent obligations, covered mortgage obligations, and covered utility payments. (Essentially, the same categories considered under the PPP loan for forgiveness.) For each quarter, qualified expenses eligible for this credit are limited to 25% of qualified wages or 6.25% of 2019 gross receipts (which annualizes to 25%), with an absolute maximum of $50,000. This credit is limited to employers with no more than 1,500 full-time equivalent employees or no more than $41,500,000 in gross receipts in 2019. Additionally, employers must be subject to a full or partial suspension due to a COVID-19 government order or have a decline in gross receipts of at least 20% compared to the same calendar quarter of the preceding year. This credit is phased in for employers with a decline in gross receipts between 10% and 50%.

WorkplaceWORKPLACE & INDIVIDUAL: HEALTH, SAFETY AND PAID LEAVE CHANGES

Workplace Safety: Requires OSHA to create an emergency temporary standard within 7 days of enactment. Much of this would apply only to health care workers, but the standard would also prohibit employers from retaliating against workers for reporting or publicizing health and safety hazards, or for using their own more protective personal protective equipment if not provided by the employer.

Public Health:

  • $2.1 billion to support federal, state, and local public health agencies to prevent, prepare for, and respond to the coronavirus.
  • Covers anyone who does not have insurance for COVID testing and treatment.
  • Creates a special 2-month enrollment period on federal health care exchanges to allow uninsured individuals to purchase insurance.
  • Requires President to appoint a Medical Supplies Response Coordinator who will serve as the point of contact for the health care system, supply chain officials, and states on medical supplies
  • $75 billion for the formation of a national system for COVID-19 contact tracing.
  • Disinfectants: Allocates $100.15 billion to support educational system needs in reopening. Included many areas for funding, one of which is costs associated with sanitation and cleaning for schools and school transportation.

FMLA & Paid Sick Leave: This bill would make significant changes to the FMLA/Sick leave provisions in the CARES Act, particularly when it comes to small businesses. The small business exemptions would be totally removed, and the categories under which FMLA leave is available would be dramatically expanded.

Exemptions for businesses with less than 50 employees are no longer applicable for either paid sick leave or FMLA. Any exemption is retroactively removed.

FMLA specific:

  • Extends Family and Medical Leave benefits from December 31, 2020 to December 31, 2021.
  • Employees can take FMLA leave to:
    • self-isolate because they were diagnosed with COVID-19,
    • obtain a medical diagnosis or to care for symptoms of COVID-19,
    • comply with a recommendation or order to self-isolate because physical presence at work would jeopardize the health of the employee, other employees, or a person in the employee's household,
    • care for a family member who is self-isolating,
    • care for a child whose school has closed or childcare provider is unavailable due to COVID-19, or (6) care for a family member who is individual with a disability or senior citizen whose place of care or direct care provider is unavailable. (Currently, only this category qualifies for FMLA leave under the CARES Act.)

MiscMISCELLANEOUS PROVISIONS OF INTEREST

  • $500 billion to assist state governments and $375 billion to assist local governments.
  • $25 billion to USPS.
  • $925 million to assist States in processing unemployment insurance claims and extends unemployment supplement of $600 per week through January 31, 2021.
  • Would require the President to notify Congress 30 days prior to placing an Inspector General in paid or unpaid non-duty status (administrative leave).
  • Requires 15 days of early voting in all states. Requires states to provide no-excuse absentee ballots to any who request them. Prohibits states from imposing additional requirements on absentee ballots or eligibility. All would go into effect for the November 2020 election and bans states from letting voters mark and return ballots online.
  • Restructures multi-employer ailing pension plans.

Posted May 1, 2020

COVID Loan Resources: PPP, EIDL & Main Street Loans

Update from NPMA

NPMA has prepared a one-page reference document (available here) with pertinent information on all current COVID specific loan programs. The document breaks down exactly what you need to know about each program including where to apply and whether it is currently accepting applications.

NPMA has also added a new FAQ on our website in response to questions about the PPP guidance on which companies are asked to return already approved loans:

I've read in the news about some companies having to return PPP loans by May 7th if they have access to "other capital." How do I know if I have to return my PPP loan?

The Small Businesses Administration updated their FAQ on 4/29/20 (available here) to clarify eligibility in response to reports of large, publicly traded companies taking these PPP loans; the case of Shake Shack is perhaps the most publicized. Congressional intent was that these loans were for small businesses, not for major companies that are publicly traded with large reserves and access to capital markets. The SBA has clarified in their 4/29/20 FAQ Update that companies who are publicly traded and have access to capital markets are unlikely to qualify: "For example, it is unlikely that a public company with substantial market value and access to capital markets will be able to make the required certification in good faith, and such a company should be prepared to demonstrate to SBA, upon request, the basis for its certification. (SBA FAQ, pg 11) Since businesses of any size can have access to lines of credit through their lending institutions and the CARES Act specifically does not say that access to a line of credit is a disqualifier, small businesses who have access to credit through their lending institutions are still eligible to get and keep a PPP loan, but they do need to show that's it's important for their businesses to continue functioning: "borrowers still must certify in good faith that their PPP loan request is necessary. Specifically, before submitting a PPP application, all borrowers should review carefully the required certification that '[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant." (SBA FAQ, pg 11). It is also important for all borrowers to maintain records as required by the PPP. Each individual company is best situated to make a determination of what the need is for their company.

Posted April 27, 2020

PPP & EIDL Funding Signed Into Law

Update from NPMA

On Friday, President Trump signed into law an additional $310 billion in funding for the Paycheck Protection Program and an additional $50 billion for the Economic Injury Disaster Loan (EIDL). While welcome, banks have warned this additional funding could be eaten up in as little as two days. 

Republicans have indicated they are unwilling to pass additional COVID support bills until they reconvene in May and may not be interested in adding more funding to these programs. It is widely expected these programs will lapse again. If your business plans on taking advantage of either of these programs you should put in an application immediately with your lending institution.

For more information on any of the loan programs, visit NPMA's Small Business FAQ here. For a list of approved lending institutions by state, visit the SBA website here.

Posted April 23, 2020

Main Street Lending Program Information Loans for Small and Mid-Sized Business

Much attention has been paid to the plight of small businesses (500 or less employees) in the wake of COVID. But small businesses have not been the only ones struggling; mid-sized and even larger businesses are beginning to feel the effects of shrinking consumer confidence and a contracting economy. With lending options like the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loans (EIDL) under The CARES Act reserved for small businesses, mid-sized businesses have struggled to find funding streams. The CARES Act did authorize one program for small and mid-sized businesses, which while not yet fully operational has begun to stand up the application framework and eligibility information. The Federal Reserve has stated that the program aims to be open within 1-2 weeks. NPMA has provided information below that will help you start to think about whether this program is right for your business.

The Main Street Lending Program was created to help businesses with up to 10,000 employees or up to $2.5 billion in revenue. Up to $600 billion has been allocated to the program. Some important information about the program is below.

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Paycheck Protection Program Loans Update

Posted April 14, 2020

PPP & EIDL Loan Programs Set to Run Out of Money

Update from NPMA

Two key small business funding programs are rapidly paying out funds and will soon bump up against their limit. 

Based on the rate of payout, the Paycheck Protection Program (PPP) Loan program is expected to run out of funding approximately April 17th. It could be earlier or could last until early next week, but as of 4/14 no additional Congressional funding appears forthcoming. If you or your businesses are interested in taking advantage of this program, please note that once funding runs out, PPP loans cannot be processed. Lending institutions can and have set standards above what the SBA requires, so please speak with your lending institution on the particulars of the application.

The Economic Injury Development Loan (EIDL) program through the Small Business Administration is also reportedly running low due to the high volume of applications. No numbers have been circulated yet, but there have also been reports that funds have been slow to reach businesses.

For information on these program and how to apply, you can visit NPMA's Small Business FAQs here.

 

Posted: April 3, 2020

Paycheck Protection Loans Update

Applications Open April 3

The Paycheck Protection Program (PPP) Loans open for application today. NPMA has prepared resources for businesses choosing to take advantage of these loans below.

How do I get a Paycheck Protection Program loan?

The Department of the Treasury has released information on how to apply for the $349 billion pool of money dedicated to the Paycheck Protection Program. The Treasury has information on the program here. Information for borrowers can be found here and the application is here.

When can I apply for a Paycheck Protection Program loan?

The PPP loans through Department of Treasury are available for small businesses and sole proprietorships on April 3rd and for independent contractors and self-employed individuals on April 10th. The funds available are on a first-come, first-serve basis so applying early will be key.

For more information on small business support programs and regulations under COVID-19 legislation, you can view the full NPMA FAQs here.

Posted: April 2, 2020

Update from NCDA&CS Structural Pest Control

As we continue to navigate the COVID-19 outbreak as an industry, we realize that our members are being impacted in many ways.

NCPMA spoke with Victor Lennon of the North Carolina Department of Agriculture and Consumer Services Structural Pest Control & Pesticides Division about potential impacts to structural pest control testing and licensing.

His responses are below. 

NCPMA: Does the state have a plan to address testing opportunities for new employees (if required) and licensing / certification testing during COVID-19? If so, what is the plan?

Lennon: N.C. does not require testing of new employees that are going to be Registered Technicians (RT)-they have to complete the RT program, and we've indicated in our COVID-19 guidance document that we are not currently enforcing the employer having to obtain a RT card within 75 days of employment.  Some companies have Approved Equivalent RT Training and can continue to train as normal and apply for RT cards.  Other companies can still perform the required on-the-job training and have employees complete the RT workbook.  These employees will need to eventually attend the RT school before being issued a credential.  No decision has been made about future license/CA exams at this time.

NCPMA: Has the state considered issuing temporary licensing, or waiving testing requirements for new employees as states such as Georgia and Indiana have done?

Lennon: The requirements for testing are contained in the Structural Pest Control Law.  Neither the Committee nor the Division has authority to waive requirements in the Law.  We are currently working to determine whether we would need to extend the certification expiration date of June 30th and we will ask the Committee for a proclamation to that effect, if necessary.  N.C. has not considered temporary licensing at this time, and we don't require testing for new employees. Please see above information about RT's.  If a company loses a license then a CA can be designated in charge for 90 days per the SPC Law and the Division can also review this scenario on a case by case basis.

NCPMA: If licensing is required for antimicrobial applications, has the state considered adjusting licensing requirements for antimicrobials to allow certified applicators in other categories to use these products without additional testing?

Lennon: Licensing is not required for antimicrobial applications as long as a RUP is not applied and the application is not for Forestry, Horticultural or Agricultural purposes.

Posted: April 1, 2020

Here is an updated list of "Stay at Home" and "Shelter in Place" orders statewide.

North Carolina Statewide:

On March 27, Gov. Roy Cooper announced a statewide "Stay at Home" order beginning Monday, March 30 at 5 p.m. This order is in effect for at least 30 days. In areas where a local "Stay at Home" order is in place, the more restrictive of the two orders will be followed. 

For more information, check the state's FAQ document.

Note: Pest management is considered an essential service under this statewide order.

Counties:

  • Ashe County: Ashe County amended its County Emergency Proclamation. Some closures are in effect from March 26-May 8
  • Buncombe County: Began March 26 at 8 p.m. 
  • Cabarrus County: (includes the cities of Concord and Kannapolis and the towns of Harrisburg, Midland and Mt. Pleasant) Began Thursday, March 26 at 5 p.m.
  • Columbus County: Curfew from 10 p.m. to 5 a.m. beginning April 1, 2020
  • Dare County: Began March 28 at 5 p.m.
  • Durham County: Combined order along with the city of Durham. Began April 4 at 5 p.m. through May 15
  • Forsyth County: (including Kernersville) March 27 at 5 p.m. through 12:01 a.m. on April 16 
  • Franklin County: Curfew from 9 p.m. to 6 a.m. beginning April 5
  • Gaston County: March 27 at 5 p.m. until April 16
  • Guilford County: (includes High Point and Greensboro) 5 p.m. on March 27 through April 16
  • Haywood County: March 26 at 5 p.m. through April 16
  • Henderson County: Began March 28 at noon 
  • Madison County: Began March 23 
  • Mecklenburg County: March 26 at 8 a.m. through April 16 
  • New Hanover County: March 30 at 5 p.m. through April 13 at 5 p.m.
  • Orange County: (Chapel Hill, Carrboro and Hillsborough) March 27 at 6 p.m. through May 8
  • Pitt County: March 25 at 5 p.m. through April 8
  • Swain County: March 27 at 8 p.m.through April 16
  • Wake County: (includes all cities and towns) Began Friday, March 27 at 5 p.m. through April 30
  • Wilkes County: Amended State of Emergency declaration to prohibit short-term rentals to out-of-county and out-of-state guests

Municipalities:

Contact Us

Our Board of Directors is available to answer any questions you may have. Contact us at the numbers below for questions.

 

Board Member Phone Number

John Adkins

Vice President

 434-251-6100

Marty Roberts

Secretary Treasurer

 704-363-4710

Bruce Roberts

Past President

 828-302-5591

Marie Horner

Board Member

 336-209-1858

NPMA Answers Your Frequently Asked Questions on COVID-19 and the Industry

Information provided by NPMA

The National Pest Management Association (NPMA) has received many questions from members about small business loans, essential services designations and how to offer disinfection services. To help the industry cope with these constantly changing circumstances, NPMA has created an FAQ page on the www.pestcontrolcoronavirus.com covering the most frequent questions we receive.

We've also added documents from other groups to help guide you:

Are you a small (under 500 employee) business? Check out the Chamber of Commerce guide to SBA loans here.

Are you a non-profit? Check out the American Society for Association Executives (ASAE) CARES Act breakdown here.

Want to apply for the Payroll Protection Program loans? You can find all the information here.

You can read all of NPMA's FAQs here.

Have a question not answered? 
Contact Cindy Mannes at cmannes@pestworld.org

 

NPMA Updates

Be sure to check the NPMA website regularly for the latest industry updates about COVID-19. NPMA is updating its site regularly. 

https://www.pestcontrolcoronavirus.com

President Trump Signs the CARES Act Into Law

President Trump has signed The CARES Act into law, bringing an end to over a week of frenetic legislative activity in DC. This $2.2. trillion dollar package will provide direct financial support to many Americans as well as loans (some of which are forgivable) to small businesses. 

NPMA will continue to update the membership on implementation of The CARES Act and HR 6201, as well as the status of the rumored one or two additional packages beyond this. If you have questions about federal affairs contact Ashley Amidon, VP of Public Policy at  aamidon@pestworld.org.

 

Essential Worker Documentation

NPMA provides a template form that you can use for your employees to go to and from work in areas that have executive orders to shelter in place or stay at home and deem pest control essential click here. NPMA recommends that you:

  • Print out the respective executive order and give to each of your technicians
  • Print out the attached form on company letterhead and provide it to each of your technicians

TELL YOUR LAWMAKERS THAT PEST MANAGEMENT IS ESSENTIAL

Our state's leaders need to hear directly from business owners about the importance that the pest management industry has for our state. You can easily contact our state's leaders using the methods below.

N.C. Department of Public Safety

Email the Business Emergency Operations Center for the N.C. Department of Public Safety at beoc@ncdps.gov.

In your email, include:

  • Business name
  • Point of Contact Name
  • Point of Contact's Email and Phone Number
  • Address
  • Nature of the business and why its operations are critical
  • Business website 

Voter Voice

Continue to tell your story to your lawmakers by following this  Voter Voice link to email NC's lawmakers directly. 

The link allows you to contact multiple lawmakers at once by filling out a simple form. It takes only minutes to complete, but can make a big impact!

Posted: March 24, 2020

Dear NCPMA Members,

The NCPMA Board of Directors has been working diligently to convey to our state's leaders that the pest management industry is an essential business in our state, and we will continue this work in the days and weeks to come.

Our state's leaders need to hear directly from business owners about the importance that the pest management industry has for our state. You can easily contact our state's leaders using the methods below.

N.C. Department of Public Safety

Email the Business Emergency Operations Center for the N.C. Department of Public Safety at beoc@ncdps.gov.

In your email, include:

  • Business name
  • Point of Contact Name
  • Point of Contact's Email and Phone Number
  • Address
  • Nature of the business and why its operations are critical
  • Business website

Voter Voice

Continue to tell your story to your lawmakers by following this Voter Voice link to email NC's lawmakers directly. 

The link allows you to contact multiple lawmakers at once by filling out a simple form. It takes only minutes to complete, but can make a big impact!

Sincerely,

Clint Miller

NCPMA President

 

 

Posted: March 23, 2020

Dear NCPMA Members,

Today, March 23, Gov. Cooper announced new restrictions for businesses in response to the COVID-19 outbreak. Although these restrictions include closing some businesses in the state, the current Executive Order does not affect the pest management industry. 

Our members are able to continue their work of providing an essential service for our state.

Please continue to visit the CDC’s website for the most up-to-date information on workplace guidance for COVID-19.

Throughout this situation, the NCPMA Board of Directors has been working diligently to convey to our state's leaders that the pest management industry is an essential business in our state, and we will continue this work in the days and weeks to come.

Please continue to tell your story to your lawmakers by following this Voter Voice link to email NC's lawmakers directly! 

Sincerely,

Clint Miller

NCPMA President

Posted: March 18, 2020

Dear Members:

The North Carolina Pest Management Association is monitoring the coronavirus situation very closely and making the necessary decisions to ensure the health and safety of each of our members. 

NC Response

We realize that this situation may impact our members in many ways, and we want to assure you that we are here to help. We have been working diligently to convey to our state's leaders that the pest management industry is an essential business in our state, and we delivered the following letter explaining this point to our state's leaders earlier this week.

Follow this Voter Voice link to email NC's lawmakers directly! 

Webinar

Register to join the NPMA's webinar on March 20 addressing coronavirus issues in the pest management industry. REGISTRATION: https://register.gotowebinar.com/register/9009478947974019853

National Response

Our national association is working round the clock to provide information to our industry. For the most updated information on the how this is impacting the pest management industry, please visit NPMA: Coronavirus Member Update which is updated regularly.

NPMA firmly believes that structural pest control is an essential industry that must continue to provide the valuable services we offer during this pandemic. To that end, we are communicating with CDC, Homeland Security, state Governors, EPA, ASPCRO, AAPCO and the League of Cities, urging these entities to identify pest control as an essential industry. Each company must make a decision about what works best for your business, your employees, and your customers but NPMA wants to ensure that we have the ability to continue protecting the public from pests and their associated threats to public health, food and property.

In the coming days, we will be pointing members to a new NPMA microsite that will go live. The new site will be dedicated to providing information and useful resources for pest professionals regarding the coronavirus’ impact on pest management operations.  More details coming soon.

Resources

Below are some resources for businesses that may be impacted by COVID-19.  

If you have any questions, please contact our headquarters at 800-235-2516 or ncinfo@pestworld.org.

Sincerely,

Clint Miller

NCPMA President

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