By Adam Pagnucco.

At 9:09 PM last night, I published a post on the county’s $20 million COVID-19 small business assistance program noting that no regulations governing its disbursements had yet been sent to the county council or published for the public. Roughly 20 minutes later, the regulations were sent to the council and forwarded to me by multiple sources almost immediately. The regulations appear below.

There are many details of interest to applicants, who should read every word of these regulations. The provisions that stand out to me are the ones setting aside $10 million for near-term disbursement and reserving $10 million for later. Consider these specific provisions.

Section 4 (b). $10,000,000.00 of funds appropriated for this Program are reserved for businesses or nonprofit organizations that demonstrate Significant Financial Loss. The initial grant award disbursed under this component of the Program is $10,000. The remaining amount of Significant Financial Loss demonstrated by these businesses and non-profit organizations may be disbursed subsequently, subject to the availability of funds.

Section 5(e)(B)(6). Business that have suffered Significant Financial Loss will be eligible for an immediate disbursement of up to $10,000. If the Percentage Decline is 50% or greater, Subtract the Adjusted PHE Revenue from the relevant historical average (Monthly Historical Average for monthly Adjusted PHE Revenue, Quarterly Historical Average for quarterly Adjusted PHE Revenue) to get the Recommended Grant Amount, up to a maximum of $10,000.

Section 5(e)(B)(7). Subtract the Adjusted PHE Revenue from the relevant historical average (Monthly Historical Average for monthly Adjusted PHE Revenue, Quarterly Historical Average for quarterly Adjusted PHE Revenue) to get the Recommended Grant Amount, up to a maximum of $75,000.

Section 5(e)(B)(8). Subject to the availability of funds, once the initial $10,000,000 reserve has been committed, applicants who qualified for more than an initial disbursement of $10,000 and applicants who qualify for a grant that have not received funding will be evaluated and the remaining balance will be disbursed.

And so $10 million will be disbursed sooner and $10 million will be disbursed later. Instead of the full $75,000 maximum grant provided in the legislation passed by the council, applicants will get a maximum of $10,000 in the first round and may get a chance for more money later. When will the second $10 million go out? That’s not clear, but the caveat of “subject to the availability of funds” in Sections 4(b) and 5(e)(B)(8) is not encouraging. Given the volume of paperwork required in the application process, it could take a while.

None of this appears in the legislation creating the program. The council prioritized speed in disbursing the full $20 million it allocated for assistance. The executive branch took twice as long as the District of Columbia to get its assistance program going and now plans to hold back half the money. The council just introduced a new appropriation of $5 million for restaurants and retailers. Given these regulations, what will happen to that money?

The executive branch is not implementing this program in accordance with the legislative intent of the council. The council must take additional action to enforce its will. NOW.

The regulations appear below.

By Adam Pagnucco.

The county has announced via press release that COVID-19 assistance for small businesses will be open for application tomorrow (April 15). But questions arise both from the release and what is not in the release.

1. The application process is supposed to open in the “mid-afternoon.” No exact time is given in the press release. Will business owners be refreshing their browsers for hours waiting for the application to go live?

2. According to the press release, “The County will host webinars to answer questions and provide updates on the PHEG program starting at 9 a.m. Mondays through Saturdays. The first webinar will be held on Thursday, April 16.” In other words, the first Q&A webinar will not take place until THE DAY AFTER applications open.

3. As of this writing, multiple sources in the council building report that the council does not have final regulations governing the disbursement of the money. How is the administration going to make decisions on who gets the money? Why have these criteria, in the form of a regulation or otherwise, not been publicly released – or at least sent to the council – prior to the start of applications?

4. The legislation passed by the council authorized grants of up to $75,000. At the time of passage, council members stressed their interest in rapid disbursement. Today, a phone call was held by representatives of the executive branch with representatives of the business community in which some details were shared about the administration’s plans. According to an individual present on the call, “We heard that the 1st wave was the first 1,000 qualified recipients would receive $10,000 as a start. They may receive more later TBD.” Furthermore, only losses in March will be considered and priority will go to businesses with losses of more than $50,000. An earlier requirement that applicants apply for federal and state assistance first has been dropped. So it appears that $10 million will be disbursed first and that $10 million will wait for later – at least as of this writing. If there is indeed a hold on part of the money, why is that? What will happen to it and when will it get released?

This would be a lot easier to figure out if the administration simply released its regulations on how they are making these decisions, or even a simple guidance document. Instead, in the absence of published documentation, rumor rules the day.

Let’s be clear: the executive branch is in a tough spot here. They had to stand up a $20 million assistance program on short notice (although D.C. did the same in half the time). If they disburse small checks to lots of businesses, the money may not be enough to help any of them. If they disburse large checks that might be helpful, MANY businesses will be left out. So there are choices to make.

The problems are that the executive branch is diverging widely from the intent for speed of the legislation passed by the council, is forcing applicants to sit next to a browser and refresh it potentially for hours, is not offering aid for completing the application until the day after it goes live and has not published details of how it intends to spend $20 million.

This process is in need of improvement.

The press release is reprinted below.

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For Immediate Release: Tuesday, April 14, 2020

Montgomery County Public Health Emergency Grant (PHEG) Program Applications Will Be Accepted Starting Mid-Afternoon on Wednesday, April 15

Montgomery County will begin accepting applications to its Public Health Emergency Grant (PHEG) program beginning mid-afternoon on Wednesday, April 15. The PHEG initiative is designed to help for profit and nonprofit businesses with 100 employees or fewer during the current public health crisis.

A sample of the application is now available in English and Spanish on the PHEG program web page. The website provides information for businesses on how to prepare their grant applications. The sample applications will guide businesses in pulling together the information and documents required to file their applications.

A fact sheet describing eligibility and document requirements also will be available in Spanish, Amharic, French, Korean, Mandarin and Vietnamese.

The $20 million PHEG initiative is a collaborative effort between County Executive Marc Elrich and the Montgomery County Council. In addition to for-profit and nonprofit businesses, the program is open to businesses with no employees including sole proprietors and independent contractors.

Montgomery County’s PHEG program is intended to provide financial assistance to establishments that have experienced a significant reduction in revenue as a result of the current public health emergency. The County is encouraging businesses and nonprofit organizations to review other assistance programs and apply to those for which they are eligible.

The County will host webinars to answer questions and provide updates on the PHEG program starting at 9 a.m. Mondays through Saturdays. The first webinar will be held on Thursday, April 16. For links and instructions, visit www.montgomerycountymd.gov/biz-resources/pheg.

More information on the PHEG program is available at www.montgomerycountymd.gov/Biz Resources/pheg/. Questions about the program should be directed to BizinfoCovid19@montgomerycountymd.gov.

For the latest updates, visit the County’s COVID-19 website and follow Montgomery County on Facebook @MontgomeryCountyInfo and Twitter @MontgomeryCoMD.

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By Adam Pagnucco.

As complaints mount on MoCo’s not-yet-functioning process for distributing COVID-19 grants to small businesses, let’s contrast our performance to the District of Columbia.

The D.C. City Council passed a bill creating a $25 million grant program for small businesses impacted by the COVID-19 crisis on March 17. The bill also contains a number of delays on taxes and regulations that were not part of Montgomery County’s relief package, although some similar measures have been adopted by other counties in Maryland.

The D.C. government opened the applications process for the grants on March 24. The applications were closed on April 1.

That means 7 days elapsed between the creation of the program and the start of applications. The total time between creation of the program and the closing of applications was 15 days.

The Montgomery County Council passed a bill creating a $20 million grant program on March 31. On April 8, 8 days later, 7 council members wrote a letter complaining to the county executive that the grant process was nowhere close to being ready. That same day, the county published a document list for the grant process but had no application available.

Today is April 14. D.C. opened its applications within 7 days of its council creating its grant fund. MoCo has gone 14 days since creating its fund and, as of this writing, no applications are online. It has been almost two weeks since D.C. closed its application process and we don’t even have one yet. Small businesses in D.C. had a chance to apply for assistance in time to pay rent and bills due on April 1. Small businesses in MoCo did not have that chance.

What is going on, MoCo government?

By Adam Pagnucco.

On March 31, the county council passed Bill 16-20E, which established a $20 million Public Health Emergency Grant Program to assist businesses and non-profits with 100 or fewer employees that have been damaged by the coronavirus crisis. The idea behind the bill was to get relief to small businesses quickly before they go under.

Unfortunately, the county bureaucracy may have other ideas.

Yesterday, seven council members released a blistering letter to the county executive slamming the administration for taking too long to implement the grant program. The letter stated in part:

This lack of urgency is beyond disappointing and directly contradicts the Council’s clear intent to get this funding to our local employers as quickly as possible. While the County’s capacity to help may be limited, our ability to move quickly should not be, especially as the level of government closest to our residents and employers. For the businesses struggling to keep their lights on and for the employees who depend on them, this program is only effective if it can get funds out in time to provide help when it’s desperately needed. Without question, that time is now.

We must move with the urgency that this moment requires because our small businesses and nonprofits are counting on us. The only thing that will help businesses right now is getting them the relief money already approved and appropriated by the Council. We urge you to get the Public Health Emergency Grant Program up and running immediately. We cannot afford to wait for some other support to come first. If we fail to act in time, our local businesses won’t be able to afford to stay open. The County Council stands ready to support your administration however we can.

We reprint the letter below.

Shortly after the letter was written, the administration published a required document list for businesses applying for assistance. (As of this writing, the application itself is not finalized.) The documents include a dizzying array of tax statements, bank statements, interim monthly or quarterly financial statements, corporate articles and invoices and quotes for telework software (if applicable) as well as a requirement that businesses verify their good standing on a state website. Most crucially, the document list states in bold: “You must apply for any applicable State and Federal programs to qualify for County assistance.” It then requires applicants to submit “evidence of application to Federal and/or State COVID-19 assistance programs, including award or denial letters.”

There is no requirement in the legislation passed by the council that applicants for county assistance must first apply for state or federal assistance. The council considered an amendment making county assistance “secondary” to state and federal assistance and allowing it to be used as a “supplement” to such aid but decided against it. This requirement has been added by the administration in direct contradiction of the will of the council.

This requirement is of great consequence. When following the links provided by the executive branch, one quickly sees that two of the state’s assistance programs – the Maryland Small Business COVID-19 Emergency Relief Grant Fund and the Maryland Small Business COVID-19 Emergency Relief Loan Fund – stopped accepting applications on April 6, two days before the administration published its document list. So by the executive branch’s criteria, if a MoCo small business missed the state application window, which was only open for about two weeks, it is disqualified from seeking county assistance.

The county is requiring business assistance applicants to apply to these two state funds but both are shut down.

As for the federal assistance programs, the U.S. Small Business Administration (SBA) is under heavy criticism for not getting money out quickly. Some small businesses report that they have not heard anything from SBA after applying, not even a confirmation email. One of the SBA programs relies on private financial institutions to process applications, and some of them are either not taking applications or limiting them to existing clients. One community bank president even said, “What I thought was a brilliant plan is turning into a quagmire of quicksand.”

MoCo is insisting that its businesses jump down these bottomless state and federal rabbit holes to get county assistance. Again, this requirement simply does not appear in the legislation that the executive branch is charged with implementing.

So which businesses will be best able to navigate the process set up by the administration? Naturally, they will be the ones who are the most financially sophisticated, have the best accountants and have the most familiarity with government business assistance programs. Those who lack those assets – especially those with limited English language skills and less entrepreneurial experience – will be left behind. And so a county that prides itself on progressive values might actually wind up directing assistance disproportionately to the most privileged elements of the business community while the others will face extinction.

It’s not too late for the county to streamline its process. But it has to act fast. As in, NOW.