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Senate approves CARES Act assistance changes including expanded landlord-applied rental aid and new support for oil, gas and mining
Summary
Senate Bill 6009, passed Aug. 20, 2020, modifies multiple CARES Act-funded assistance programs: it lowers the rental-assistance attestation standard, allows landlords to apply with attestations preventing eviction, expands eligibility and caps for business and nonprofit grants, removes a cap on agricultural grants, and creates a $5 million grant for oil, gas and mining revenue losses.
Senator Hemmert presented Senate Bill 6009 as a package of technical and programmatic adjustments to CARES Act-funded assistance programs and related state spending. He told the Senate most elements were noncontroversial but that one component — landlord-tenant provisions tied to rental assistance — required careful explanation.
On the individual rental assistance program, Hemmert said the statutory threshold for applicants would be lowered from showing they "suffered financial harm" to an attestation that they were "negatively impacted," and landlords would be permitted to apply on tenants' behalf provided the landlord attested the tenant would not be evicted once rental assistance was received. "All you have to do is make an attestation that says I've been negatively impacted," Hemmert said, describing the simplified application process and the department outreach the sponsor said would be funded to increase awareness.
The bill removes an existing lower and higher cap in the agricultural grant program (amendment 2 removes the higher cap), extends commercial-rent assistance to cover mortgage payments for businesses that own their premises outside the Wasatch Front, and loosens thresholds to allow more nonprofits to qualify for CREATE assistance. Hemmert also described a new $5 million grant program for oil, gas and mining companies based on revenue losses.
Concerns from the floor centered on implementation safeguards: Senators sought assurances that landlords who receive funds would not withhold rents or require additional tenant payments. Senator Escamilla and others said they would work with the Department of Workforce Services and sponsors to ensure funding is conveyed directly to tenants and to include guardrails against predatory practices.
The Senate adopted Amendment 2 (removing an unintended higher cap in the ag grant language) by voice vote. After summation, Hemmert moved the bill under suspension of the rules; the clerk recorded 27 yea, 0 nay, 2 absent and SB 6009, as amended, passed the Senate and will be sent to the House.
Implementation notes: The sponsor said DWS will administer individual rental assistance, will perform outreach funded from the appropriation, and that landlords applying must affirm funds will be used for rent and that tenants will not be evicted. Legislative staff and stakeholders said they will monitor agency procedures to ensure funds reach tenants rather than being retained by landlords.
Ending: SB 6009 passed the Senate with the amendment removing the ag-grant cap and proceeds to the House for further consideration.
