Vermont S 353: An act relating to expanding the Front-Line Employees Hazard Pay Grant Program

Bill Text

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S.353
An act relating to expanding the Front-Line Employees Hazard Pay Grant
Program
The House proposes to the Senate to amend the bill as follows:
First: By striking out Sec. 1, 2020 Acts and Resolves No. 136, Sec. 6, and
inserting in lieu thereof a new Sec. 1 to read as follows:
Sec. 1. 2020 Acts and Resolves No. 136, Sec. 6 is amended to read:
Sec. 6. FRONT-LINE EMPLOYEES HAZARD PAY GRANT
PROGRAM
(a)(1) There is established in the Agency of Human Services the Front-Line
Employees Hazard Pay Grant Program to administer and award grants to
certain public safety, public health, health care, and human services employers
whose employees were engaged in activities substantially dedicated to
mitigating or responding to the COVID-19 public health emergency during the
eligible period or were providing essential services to Vermonters.
* * *
(b) As used in this section:
(1) “Agency” means the Agency of Human Services.
(2)(A) “Covered employer” means an entity that employs one or more
individuals in Vermont in relation to its operation of one of the following:
* * *

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(xv) a cleaning or janitorial service that provides cleaning or
janitorial services to a covered employer listed in subdivisions (i)–(v) and
(vii)–(x) of this subdivision (b)(2)(A) in locations that are open to the general
public or regularly used by the residents or patients of that covered employer,
provided that such an employer shall only be permitted to receive a grant to
provide hazard pay to its eligible employees who provided cleaning or
janitorial services to another covered employer during the eligible period; or
(xvi) a food service provider that prepares and provides meals for
residents or patients of a covered employer listed in subdivisions (i)–(v) and
(vii)–(x) of this subdivision (b)(2)(A), provided that such an employer shall
only be permitted to receive a grant to provide hazard pay to its eligible
employees who provided food services to the residents or patients of a covered
employer during the eligible period;
(xvii) a grocery store;
(xviii) a pharmacy;
(xix) a retailer identified as essential in Sec. 6, paragraphs f and h
of Addendum 6 to Executive Order 01-20, provided that, during the eligible
period, the retail establishment was open to the general public for in-person
sales;
(xx) a wholesale distributor making deliveries to a retailer
described in subdivisions (xvii)–(xix) of this subdivision (b)(2)(A);

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(xxi) a trash collection, waste management, or septic service;
(xxii) an operator of a privately owned water pollution abatement
and control facility, provided that such an employer shall only be permitted to
receive a grant to provide hazard pay to its eligible employees who performed
work in the water pollution abatement and control facility;
(xxiii) a child care facility as defined in 33 V.S.A. § 3511 that
provided child care services to essential service providers pursuant to Directive
2 of Executive Order 01-20;
(xxiv) a vocational rehabilitation service provider;
* * *
(4)(A) “Eligible employee” means an individual who:
* * *
(C) “Eligible employee” does not include an individual who has
received unemployment insurance benefits for any week during the eligible
period.
(xxv) a funeral establishment or crematory establishment as
defined in 26 V.S.A. § 1211; or
(xxvi) an agency licensed pursuant to 26 V.S.A. § 3172 that
provides security services, as defined in 26 V.S.A. § 3151, to another covered
employer, provided that such an employer shall only be permitted to receive a

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grant to provide hazard pay to its eligible employees who provided security
services to another covered employer during the eligible period.
* * *
(i)(1) The definition of “covered employer” set forth in subdivision (b)(2)
of this section shall be deemed to include to the types of employers listed in
subdivision (b)(2) of this subsection to the extent permitted by federal law and
any applicable guidance if either of the following occurs:
(A) the permissible uses of monies in the Coronavirus Relief Fund
pursuant to Sec. 5001 of the CARES Act, Pub. L. No. 116-136, as amended,
and any related guidance are expanded to permit the payment of hazard pay to
employees of some or all of the types of employers listed in subdivision (2) of
this subsection (i); or
(B) a federal program that grants money directly to the State, which
may be used to provide hazard pay to employees of some or all of the types of
employers listed in subdivision (2) of this subsection (i), is enacted.
(2) The following types of employers may be deemed to be included
within the definition of “covered employer” set forth in subdivision (b)(2) of
this section if the requirements of subdivision (1) of this subs