Section 691.10  Purpose

 

The purpose of the Back to Business Grant Program ("Program") is to provide financial support to for-profit businesses or not-for-profit organizations that have experienced economic harm, financial hardship, or other adverse conditions due to the COVID-19 public health emergency [20 ILCS 605/605-1050]. In this Part, financial assistance provided through the Program shall be consistent with the requirements of the Coronavirus State Fiscal Recovery Fund ("CSFRF") implemented by Section 602 of Title VI of the federal Social Security Act (42 U.S.C. 802 et seq.) and any rules or guidance issued by the U.S. Department of the Treasury (including, but not limited to https://www.govinfo.gov/content/pkg/FR-2021-05-17/pdf/2021-10283.pdf and https://home.treasury.gov/system/files/136/SLFRPFAQ.pdf), the Department of Commerce & Economic Opportunity ("DCEO"), and any other applicable State and federal agency. Financial assistance shall be prioritized for communities most in need of assistance, as determined by numbers or rates of infection and economic measures identified in this Part. Assistance may be used to adopt safer operating procedures, weather periods of closure, or mitigate financial hardship resulting from the COVID-19 public health emergency. DCEO will identify how the Program addresses the identified need or impact faced by small businesses. The Program may utilize a series of funding opportunities.

 

Section 691.20  Definitions

 

"Affiliate" means another business that is at least 50% or more owned or controlled by a person with at least 50% ownership or control of the Applicant.

 

"Allowable Expenditure" means a necessary expenditure that the Department has authorized for reimbursement under the Program in accordance with Section 691.110.

 

"Applicant" means a Qualifying Business that applies for funding under the Program.

 

"ARPA" means the American Rescue Plan Act (P.L. 117-2).

 

"Authorized Representative" is an individual with legal authority to bind the business or non-profit organization.

 

"Business" means a for-profit enterprise or non-profit organization lawfully conducting business in Illinois.

 

"Business district(s)" means an area containing shops and offices where persons engage in the purchase and sale of commodities or in related financial transactions.

 

"COVID-19" means the novel coronavirus disease deemed COVID-19 by the World Health Organization on February 11, 2020 [20 ILCS 605/605-1050(g)(1)].

 

"COVID-19 Public Health Emergency" means the Statewide public health emergency declared March 9, 2020, the national public health emergency declared March 13, 2020, and the major disaster declared in Illinois by the President on March 26, 2020.

 

"COVID-19 Prevention Directives" means all state laws, orders, administrative rules and guidance relevant to and in effect during the COVID-19 Public Health Emergency that pertain to preventing the spread of COVID-19, including Executive Orders and preventative guidelines issued by the Illinois Governor, the Illinois Emergency Management Agency, the Department, or the Illinois Department of Public Health.

 

"CSFRF" means the Coronavirus State Fiscal Recovery Fund as implemented by Section 602 of Title VI of the federal Social Security Act [42 U.S.C. 802].  

 

"Department" means the Illinois Department of Commerce and Economic Opportunity.

 

"Disproportionately Impacted Area" means those zip codes most severely affected by the COVID-19 Public Health Emergency, to be determined based on positive COVID-19 case per capita rates, and high rates in at least one of the following poverty-related categories relative to other zip codes within their region:

 

share of population consisting of children age 6 to 17 in households with income less than 125% of the federal poverty level;

 

share of population consisting of adults over age 64 in households with income less than 200% of the federal poverty level;

 

share of population in household with income less than 150% of the federal poverty level; and

 

share of population consisting of children ages 5 and under in households with income less than 185% of the federal poverty level.

 

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

 

"GATA Rule" means 44 Ill. Adm. Code 7000.

 

"Financial Assistance" means financial support to an Illinois business in the form of a grant, expense reimbursement, or subsidy.

 

“Hard-hit industry” means an industry that was negatively impacted by the pandemic including the arts, travel, tourism, and hospitality industries (a full list of hard-hit industries to be identified by the Department based on COVID-19 impact on each industry, and to be posted on the Department's website).

 

“High traffic area” means a location that is zoned to allow for commercial use and located within 2 blocks or ¼ mile of a transportation facility (train station, bus station, or intermodal facility); an educational institution providing on-site, in-person instruction; or at least two establishments meeting one of the following criteria:  retail or commercial business offering on-site, in-person services or sales to customers, or non-profit or government office providing on-site, in-person services to residents.

 

“Home-based business" means a small business that operates from the business owner’s home.

 

“Independently Owned and Operated” means, with respect to a business, that the ownership interests, management, and operation of the business are not subject to control, restriction, modification, or limitation by a person with no formal role in the operation of the business.

 

"Non-Profit Organization" means an organization which is registered as a not-for-profit corporation with the Illinois Secretary of State and is registered with the Internal Revenue Service as a 501(c)(3), 501(c)(6), or as a 501(c)(19) entity.

 

“Occupy” means to hold in possession with the legal authority thereof; to hold or keep for use.

 

"Program" means the financial assistance funding opportunities administered by the Department and implemented in this Part.

 

"Program Participant" means the business that receives financial assistance under the Program.

 

"Qualifying Business" means a business or organization that has experienced or is experiencing business interruption or other adverse conditions due to the COVID-19 public health emergency, and includes a new business or organization started after March 1, 2020 in the midst of adverse conditions due to the COVID-19 public health emergency, includes self-employed individuals and independent contractors [20 ILCS 605/605-1050(g)(2)].

 

"Qualified Partner" means a financial institution or non-profit organization with which the Department, or another state agency pursuant to an intergovernmental agreement with the Department, has entered into an agreement or contract to provide or incentivize assistance to Qualifying Businesses.  [20ILCS 605/605-1050(g)(5)].

 

"Revenue" means the total amount a business or a non-profit organization has received from sales or contributions during its annual accounting period, without subtracting any costs or expenses. Revenue is equal to the gross receipts of a business or non-profit organization as reported on their federal tax return.

 

"SLFRF" means the Federal Coronavirus State and Local Fiscal Recovery Funds.

 

"Small business" means a business that earns gross receipts less than $20 million annually. 

 

"Smallest business" means a business that earns gross receipts less than $5 million annually.

 

"Targeted Funding Opportunity" means a formal announcement of the availability of funding through the Program from the Department for a Qualifying Business that operates in an industry or an area that has been the most disproportionately impacted by the COVID-19 Public Health Emergency.

 

"Uniform Guidance" means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance"), codified at 2 CFR 200.

 

(Source:  Amended at 47 Ill. Reg. 3723, effective March 1, 2023)

 

Section 691.30  GATA Requirements

 

a)         The Program is subject to the Grant Accountability and Transparency Act [30 ILCS 708], with any exceptions granted by GOMB.

 

b)         To the extent the Program is implemented using grant agreements, at a minimum, the provisions of 2 CFR 200.303 and 200.330 through 200.332 of the Uniform Guidance apply to grant recipients.

 

Section 691.40  Qualified Partners

 

a)         The Department may enter into grant agreements, contracts, or intermediary agreements with Qualified Partners to implement the Program. The Department may award grants to Qualified Partners to provide financial assistance to Qualifying Businesses or contract with Qualified Partners to secure services to implement the Program. The nature of the services provided by a Qualified Partner shall determine whether the arrangement is a grant, procurement, or other relationship.

 

b)         A Qualified Partner shall operate as a non-profit organization registered to conduct business in the State of Illinois or a financial institution that has demonstrated experience providing financing or services to businesses or residents located in Disproportionately Impacted Areas.

 

c)         An agreement with a Qualified Partner shall specify the Qualified Partner's responsibility, if any, for determining Qualified Business' eligibility for financial assistance and monitoring Program Participants for compliance with Program requirements.

 

d)         In accordance with 20 ILCS 605/605-1050(h), nothing in this Part shall restrict the Department from securing services from entities other than Qualified Partners to assist in implementing the Program. 

 

Section 691.50  Prioritization

 

a)         The Department will provide targeted funding opportunities for industries and businesses most impacted by the COVID-19 Public Health Emergency. In determining which industries and businesses to prioritize, the Department will consider the impact of compliance with the COVID-19 Prevention Directives on business operations or the impact of the COVID-19 Public Health Emergency on the impacted industry. The Department will also prioritize funding to small and smallest businesses. Assistance will be targeted to businesses facing financial insecurity, with substantial declines in gross receipts, or facing other economic harm due to the pandemic, as well as businesses with less capacity to weather financial hardship, such as the smallest businesses, those with less access to credit, or those serving disadvantaged communities. The Department will make this determination on whether to provide targeted funding opportunities based on an ongoing assessment regarding the needs of the business community and announce the targeted funding opportunities on its website as permitted by statute [20 ILCS 605/605-1050(h)(6)].

 

b)         To prioritize funding for industries and business districts that were not enumerated within ARPA, the Department shall maintain an assessment for a period of 5 years, from the date a prioritized industry is selected, that outlines how these industries or business districts experienced a negative economic impact due to the pandemic comparable to enumerated industries. Additionally, the Department shall outline how program funding will address this negative economic impact.

 

Section 691.60  Disproportionately Impacted Areas

 

a)         The Department will allocate no less than 40% of program funding to Qualifying Businesses located in Disproportionately Impacted Areas.

 

b)         A Disproportionately Impacted Area may be added or removed from prioritization based on changes in relative COVID-19 rates and economic distress.  If the Department recategorizes an area, removing its designation as a disproportionately impacted area, businesses that have applied prior to that update will maintain the previous prioritization status.

 

c)         In determining prioritization of industries or zip codes within Disproportionately Impacted Areas, the Department will give greater weight to areas that had significantly higher rates of COVID-19 cases per capita and zip codes with higher levels of poverty.

 

d)         The Department shall maintain records for a period of 5 years, from the date a prioritized zip code or industry is selected, the assessment of how the Department identified each Disproportionately Impacted Area.

 

Section 691.70  Eligible Applicants

 

a)         An eligible applicant for financial assistance under the Program is a business operating within the State of Illinois that:

 

1)         annually earns a gross income of $20 million or less except for hotels, which may annually earn a gross income of $35 million or less;

 

2)         for purposes of determining loss, was in operation as of December 2019;

 

3)         earned less gross income during the 2020 calendar year than the 2019 calendar year due to the negative impact of the COVID-19 pandemic, and that total loss exceeds $5,000;

 

4)         temporarily closed, had reduced operations, or experienced depressed consumer demand during the COVID-19 pandemic; and

 

5)         is not excluded due to select funding rounds providing financial assistance for prioritized industries.

 

b)         In determining whether an applicant is eligible under the revenue requirement as identified under subsection (a)(1), a business shall include all gross income earned from any applicable parent company, affiliate, and subsidiary to determine the total amount earned by an applicant.

 

c)         The following businesses are ineligible to participate in the Program:

 

1)         independent contractors or freelance workers that do not operate a sole proprietorship;

 

2)         child care providers that have received and/or are registered for Child Care Restoration Grants;

 

3)         a private club or business that limits membership for reasons other than capacity;

 

4)         a business primarily engaged in speculative activities that develop profits from fluctuations in price rather than through normal course of trade;

 

5)         a business that earns more than a quarter of its annual net revenue from lending activities, unless the business is a non-bank or non-bank holding company certified as a Community Development Financial Institution (CDFI);

 

6)         a business that derives at least 33% of its gross annual revenue from legal gambling activities;

 

7)         a business engaged in pyramid sales, where a participant's primary incentive is based on the sales made by an ever-increasing number of participants;

 

8)         a business engaged in activities that are prohibited by federal law or applicable law in the jurisdiction where the business is located or conducted;

 

9)         a business that derives a majority of its income as an owner of real property that leases that property to a tenant or tenants under a lease agreement;

 

10)        a business principally engaged in teaching, instructing, counseling, or indoctrinating religion or religious beliefs, whether in a religious or secular setting;

 

11)        a government-owned business entity (except for businesses owned or controlled by a Native American tribe);

 

12)        a business primarily engaged in political or lobbying activities;

 

13)        a business that manufactures or sells at wholesale tobacco products or, liquor or that manufactures or sells firearms at wholesale or retail;

 

14)        a night club or strip club;

 

15)        an employment agency;

 

16)        a pawn shop;

 

17)        a liquor store;

 

18)        a storage facility, trailer-storage yard or junk yard;

 

19)        an establishment similar to any enumerated above;

 

20)        a business in which a majority owner has a financial or familial connection to a director, principal shareholder or leadership member of the Department or Department's partner under the program; or

 

21)        a business on the federal System for Award Management excluded parties list (https://sam/gov/content/exclusions).

 

d)         In addition to the exclusions listed in subsection (c), a business will be excluded from participating under this Program or required to return funds received if that business does not adequately address any of the following deficiencies within a reasonable time, not to exceed 30 days:

 

1)         Noncompliant with COVID-19 Prevention Directives;

 

2)         Delinquent on payment of any State of Illinois tax obligation;

 

3)         On the Illinois Stop Payment List or in default of any contractual obligation to the Department; or

 

4)         Does not meet any other eligibility criteria established in a financial assistance application, which for this point, must be completed prior to the closing of the application window or within 30 days, whichever comes first.

 

Section 691.80  Form of Financial Assistance

 

Financial Assistance under the Program may be in the form of a grant, subsidy, or expense reimbursement, to respond to the negative economic impacts of the COVID-19 public health emergency. Regardless of the assistance structure, a Program Participant shall be obligated to comply with requirements outlined in this Part and any accompanying agreements incorporated within an application for Financial Assistance.

 

Section 691.90  Financial Assistance Application Process

 

a)         Interested businesses shall apply to this Program, utilizing an electronic application, which the applicant will access by visiting the Department's website and clicking the appropriate hyperlink that will forward the applicant to the application portal administered by the Qualified Partner of the Department.  If the Department announces additional funding opportunities requiring an applicant to use a different application procedure, that information will be made available on its website.

 

b)         Applicants selected for an award shall be required to sign a certification agreement that attests to their eligibility for the Program and compliance with programmatic requirements for funding as described in this Part.

 

c)         To assist in determining whether an applicant is eligible and to ensure compliance with State and federal requirements, Qualified Partners will request the applicant to submit the following documentation with their application:

 

1)         Business Owner/Representative Valid Identification (Driver's License, State ID, Passport, or Matricular Consular Card); 

 

2)         2019 Federal Income Tax Return; 

 

3)         2020 Federal Income Tax Return; 

 

4)         Completed W-9 form;

 

5)         Most recent bank statement;

 

6)         One monthly business bank statement between April 1, 2020 and December 31, 2020 that reflects business expenses;

 

7)         Data Universal Numbering System (DUNS) number or other unique identifier requested by the Department and;

 

8)         Any other information or proof necessary to confirm the existence of the applicant and its eligibility to participate in the Program.

 

d)         Completed application materials must be signed by the applicant's authorized representative and received by the Department or the entity processing the application by the announced deadline for the submission of applications.

 

e)         If an applicant has been marked ineligible or not belonging to a priority grouping, the Qualified Partner will provide electronic notice of their ineligibility or priority status.  The notice will contain the reason for ineligibility or the priority change and a link to a decision appeal form.  The Qualified Partner's appeals team will review appeals by rereviewing the application, the appeal form, and any supporting documentation provided by the applicant.  Upon conclusion of this review, the Appeals team will provide a follow-up email to the business identifying a decision and supporting evidence for that decision.  The Qualified Partner will review appeals until funds are exhausted.  Providing program funding is still available, an applicant may request an appeal of the final decision issued by the Qualified Partner, by submitting electronic correspondence to the Qualified Partner or the Department requesting the Department to review the decision. The Department will review all documents provided to the Qualified Partner and may review other relevant information related to the appeal. Within 60 days of receipt of the request for appeal, the Department will conduct an investigation and provide a final determination to the appealing applicant. The rights outlined in this Part shall apply to applicants of the Program.

 

Section 691.100  Selection Process

 

a)         The Department or its Qualified Partners shall select awardees under the Program using a competitive scoring model.  Businesses will receive a higher score if they meet any of the following priority codes:

 

1)         Deemed a smaller business;

 

2)         Located with a DIA;

 

3)         Has yet to qualify for state or federal assistance; or

 

4)         Has been prioritized as a hard-hit industry (full list of priority industries on Department website).

 

b)         For eligible applicants selected, excluding hotels, the amount of financial assistance made available by the Department will be based upon one-sixth of the decline in revenue from the 2019 calendar year to the 2020 calendar year, as supported by relevant information provided by the applicant in their federal tax return filings. The award will be equal to one-sixth of the revenue decline experienced by the applicant between the 2019 and 2020 calendar year, rounded up to the nearest $5,000. Each eligible applicant may qualify for an award of financial assistance up to $150,000. Eligible applicants who applied on behalf of various entities owned by the applicant may receive an award for each business. However, the total amount of funding an eligible applicant that owns multiple eligible businesses may receive shall not exceed $300,000 in assistance.

 

c)         Hotels that annually earn gross receipts equal to or less than $35 million may qualify for an award of financial assistance up to $250,000.  All other requirements of subsection (b) apply to this provision.

 

Section 691.110  Allowable Expenditures

 

a)         ARPA permits program funding to be used to respond to the COVID-19 Public Health Emergency and its negative economic impacts.

 

b)         Allowable expenditures under ARPA include permitted expenses incurred on or after March 1, 2020, and up to December 31, 2024, providing obligations incurred by December 31, 2024, are expended by December 31, 2026.  Eligible expenses include supporting payroll and benefits costs, costs to retain employees, mortgage payments, rent or utility costs, and other operating costs.  Additionally, eligible expenses also include costs to implement COVID-19 Prevention or mitigation tactics, such as physical plant changes to enable social distancing, enhanced cleaning efforts, construction of barriers or partitions, and related expenses according to U.S. Department of the Treasury guidance and ARPA. 

 

c)         The Department will identify allowable expenditures under the Program and outline those permitted expenses on the Department's website. The Department will utilize ARPA and the applicable rules and guidelines furnished by the federal government to establish the State's guidelines regarding allowable uses. It will update this information as more federal guidelines become available.

 

d)         Expenditures that have been or will be reimbursed under other programs that utilize federal funds are not allowable under this program.

 

Section 691.120  Reporting Requirements

 

Each Program Participant and Qualified Partners shall submit all reports required pursuant to any project and expenditure reporting requirements identified by the Department of the Treasury in a format and at a time required by the Department. As this information becomes more readily available through federal rules and guidelines, the Department will include this information on its website and other available mediums.

 

Section 691.130  Recordkeeping Requirements

 

a)         Program participants shall maintain, for 5 years from the date the award was last expended or returned to the Qualified Partners, adequate books, financial records and supporting documents, statistical records, and all other records pertinent to awards made under this Program.  If any litigation, claim, or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims, or audit exceptions involving the records have been resolved, and final action is taken.

 

b)         Program participants shall provide or make available all records related to awards made under this Program to the Qualified Partner, the Department or to the U.S. Department of the Treasury upon request, and to any authorized oversight body, including, but not limited to, the Illinois Attorney General, the Illinois Auditor General, the Illinois Office of the Executive Inspector General, the Government Accountability Office ("GAO"), Treasury's Office of Inspector General ("OIG"), and the Pandemic Relief Accountability Committee ("PRAC").

 

Section 691.140  Noncompliance

 

A Program Participant shall return all funds provided under the Program if it does not adequately address a deficiency within a reasonable amount of time, not to exceed 30 days, does not comply with any requirements in this Part or breaches any material term of the Financial Assistance agreement or certification. A material term is any term that relates to eligibility for Program participation, reimbursement under the SLFRF, or compliance with State and federal law, including COVID-19 Prevention Directives. Recovery of funds in the event of noncompliance may be effectuated by any means authorized under Illinois law, including the Grant Funds Recovery Act for any Financial Assistance in the form of a grant or the Illinois False Claims Act for any Financial Assistance gained using false information.

 

Section 691.210  Program Administration

 

a)         Programs

Businesses seeking financial assistance under this Subpart must submit an application to the Department's Qualified Partner for one of the following programs:

 

1)         Startup Grants Program: A grant program to provide relief for lost revenues and costs incurred due to COVID-19 for businesses that incorporated and started operations between January 1, 2020, and December 31, 2021.

 

2)         Reactivating Vacant and Mainstreet Places (REVAMP) Grants Program: A grant program that reimburses businesses for COVID-19 related costs incurred after March 13, 2020, for businesses occupying a commercial property that had been vacant without a tenant for a minimum of 90 consecutive days ending on or after March 1, 2020.

 

b)         Application Process

 

1)         Interested businesses shall apply to the programs in this Subpart, utilizing an electronic application provided by the Department’s Qualified Partner. The Department will list on its website (https://www2.illinois.gov/dceo/Pages/default.aspx) a link to the website hosted by the Qualified Partner. Once the interested business arrives at the Qualified Partner’s website and accesses the appropriate hyperlink for the grant program the business seeks to apply to, the business will be forwarded to the application portal for that program which is administered by the Qualified Partner of the Department. To assist in determining the eligibility of an applicant under either program in this Subpart, the following documents will be required from an applicant:

 

A)        An attestation that will be provided by the Department's Qualified Partner that attests to their eligibility for the program and compliance with programmatic requirements for funding as described for this Subpart;

 

B)        A valid government-issued identification (driver's license, State ID, passport, or Matricular Consular Card) for the business owner or the authorized representative of the business;

 

C)        Proof of establishment by a business organization including copies of articles of incorporation, articles of organization, certificate of good standing in the State of Illinois, or a business license from the appropriate local government agency that exercises jurisdiction over the applicant;

 

D)        Proof of tax exemption as provided by the IRS, if applicable;

 

E)        Proof of professional licensure (if the applicant operates a business that requires a professional license);

 

F)         If applying for funding under the REVAMP program, relevant receipts, credit card statements, or bank statements that reflect expenditures incurred, which are reimbursable by the program applied to;

 

G)        Tax returns for 2019, 2020, and 2021, if applicable;

 

H)        A utility bill that provides proof of address for the business; and

 

I)         If applying for funding under the REVAMP program, a copy of the applicant’s fully executed lease agreement, proof of mortgage payment, or a copy of the deed of the business.

 

2)         Completed application materials must be signed by the applicant's authorized representative and received by the Department’s Qualified Partner by the announced deadline for the submission of applications. If an applicant has been marked ineligible, the Qualified Partner will provide the applicant with electronic notice of their ineligibility.  The notice will contain the reason for ineligibility and a link to a decision appeal form.  The Qualified Partner will review appeals by re-reviewing the application, the appeal form, and any supporting documentation provided by the applicant. Upon conclusion of this review, the Qualified Partner will provide a follow-up email to the business identifying a decision and supporting evidence for that decision. The Department’s Qualified Partner will review appeals until funds are exhausted.

 

c)         Selection Process

 

1)         The Department’s Qualified Partner shall select awardees under the programs in this Subpart using a competitive scoring model to determine the prioritization of review for each application. The following is each worth one priority point if applicable to the applicant: 

 

A)        Applicants operating a business that earned gross receipts of less than $5 million annually;

 

B)        A business within a hard-hit industry;

 

C)        A business that has not received funding from a COVID-19 relief program that was funded utilizing federal dollars (including federal funds that was issued by the State of Illinois); or

 

D)        A business operating within a DIA.

 

2)         Applications with the highest number of priority points will be reviewed first by the Qualified Partner. Once the order of review is determined, the Qualified Partner will review each application until funds are exhausted. For eligible applicants selected in the REVAMP program, the amount of an award will be based on 100% of eligible expenditures incurred, providing the applicant incurred at least $5,000 of eligible expenditures, and the award will be capped at a maximum amount of $150,000. For eligible applicants selected under the Startup Grants Program, the amount of award will be a flat amount pre-determined by the Department to align with estimated costs and revenues lost by eligible businesses. These amounts may vary based on the date that the applicant opened and whether the applicant is a home-based business and/or sole proprietor.  Once an award is determined, the Qualified Partner will notify the applicant; and require the business to sign a Financial Assistance agreement and an attestation before funds are disbursed to the applicant.

 

d)         Noncompliance

A Program Participant shall return all funds provided under either program in this Subpart if it does not comply with any requirements in this Part or breaches any material term of the Financial Assistance agreement or attestation. A material term is any term that relates to eligibility for Program participation, reimbursement under the SLFRF, or compliance with State and federal law, including COVID-19 Prevention Directives. Recovery of funds in the event of noncompliance may be effectuated by any means authorized under Illinois law, including the Grant Funds Recovery Act for any Financial Assistance in the form of a grant or the Illinois False Claims Act for any Financial Assistance gained using false information.

 

e)         Reporting Requirements

Each Program Participant and Qualified Partners shall submit all reports required pursuant to any project and expenditure reporting requirements identified by the Department of the Treasury in a format and at a time required by the Department. As this information becomes more readily available through federal rules and guidelines, the Department will include this information on its website and other available mediums.

 

f)         Recordkeeping Requirements

 

1)         Program participants shall maintain, for 5 years from the date the award was last expended or returned to the Qualified Partners, adequate books, financial records and supporting documents, statistical records, and all other records pertinent to awards made under this Program.  If any litigation, claim, or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims, or audit exceptions involving the records have been resolved, and final action is taken.

 

2)         Program participants shall provide or make available all records related to awards made under this Program to the Qualified Partner, the Department or to the U.S. Department of the Treasury upon request, and to any authorized oversight body, including, but not limited to, the Illinois Attorney General, the Illinois Auditor General, the Illinois Office of the Executive Inspector General, the Government Accountability Office ("GAO"), Treasury's Office of Inspector General ("OIG"), and the Pandemic Relief Accountability Committee ("PRAC").

 

(Source:  Added at 47 Ill. Reg. 3723, effective March 1, 2023)

 

Section 691.220  Startup Grants Program Eligibility

 

A business applying for the Startup Grants Program must be an independently owned and operated for-profit corporation, a limited liability corporation, a partnership, a non-profit organization or a sole proprietorship authorized to conduct business and operating in the State of Illinois. To be eligible, the business must be either (1) operating in a hard-hit industry, or (2) majority-owned by an individual or individuals that became unemployed between March 13, 2020, and the date that the business started operations. All ineligible businesses listed in Subpart A (see Section 691.70(c) and (d)) are also ineligible to apply under the Startup Grants Program, except for businesses that derive a majority of their income as an owner of real property that leases that property to a tenant or tenants under a lease agreement (see Section 691.70(c)(9)); and employment agencies (see Section 691.70(c)(15)).  Businesses that operate COVID-19 testing sites or COVID-19 vaccine distribution sites primarily, and businesses that previously received a Back to Business or Business Interruption Grant, are ineligible to apply for the Startup Grants Program. To be eligible, all applicants that incorporated (or for businesses not required to incorporate, began operating) between January 1, 2020 and the date of application submission, shall have earned less than $20 million in gross operating revenue for 2021. If the business incorporated (or for businesses not required to incorporate, began operating) starting January 1, 2021 or later, to be eligible, a pro-rated amount of the applicant's earnings in 2021 must equate to less than $20 million in gross operating revenue based on the number of days in operation when extrapolated for a full year.

 

(Source:  Added at 47 Ill. Reg. 3723, effective March 1, 2023)

 

Section 691.230  Reactivating Vacant and Mainstreet Places (REVAMP) Grants Program Eligibility

 

a)         Program eligibility

A business applying for the REVAMP Program must be an independently owned and operated for-profit corporation, a limited liability corporation, a partnership, a non-profit organization or a sole proprietorship authorized to conduct business and operating in the State of Illinois; or an Illinois local unit of government. All ineligible businesses listed in Subpart A (see Section 691.70(c) and (d)) are also ineligible to apply under the REVAMP Program, except for businesses that derive a majority of their income as an owner of real property that leases that property to a tenant or tenants under a lease agreement (see Section 691.70(c)(9)); employment agencies (see Section 691.70(c)(15)); and government-owned business entities (see Section 691.70(c)(11)). Businesses that operate COVID-19 testing sites or COVID-19 vaccine distribution sites primarily, and businesses that previously received a Back to Business or Business Interruption Grant, are ineligible to apply to the REVAMP Program. The physical location of the establishment that benefits from the grant must be currently occupied by the applicant business and have been previously vacant without a tenant for 90 consecutive days ending on or after March 1, 2020. The physical location of the establishment which benefits from the grant must be located in a high traffic area.  To be eligible, all non-governmental applicants shall have earned less than $20 million in gross operating revenue for 2021.  If the business incorporated (or for businesses not required to incorporate, began operating) starting January 1, 2021, or later, to be eligible, a pro-rated amount of the applicant's earnings in 2021 must equate to less than $20 million in gross operating revenue based on the number of days in operation when extrapolated for a full year.

 

b)         Program-specific expenditures

Under the REVAMP Program, expenditures must have been incurred directly and paid for by an eligible business on or after March 13, 2020, up to the date of application submission, for the benefit of an establishment meeting the description in subsection (a). The following COVID-19-related expenditures are reimbursable:

 

1)         Rent or mortgage payments made during temporary closures due to COVID-19 Prevention Directives;

 

2)         Insurance payments made during temporary closures due to COVID-19 Prevention Directives;

 

3)         Utility payments made during temporary closures due to COVID-19 Prevention Directives;

 

4)         COVID-19 vaccination, testing, and contact tracing;

 

5)         Renovations or investments to the facility that encouraged distancing, erected barriers, improved ventilation, or permitted the use of outdoor space to mitigate the spread of COVID-19;

 

6)         Investment in technology that supported remote work or the delivery or pick-up of goods sold by the business;

 

7)         Personal protective equipment;

 

8)         Sanitation and deep cleaning; and

 

9)         Commercial property rehabilitation, storefront improvements, and façade improvements for businesses operating within a Qualified Census Tract.

 

(Source:  Added at 47 Ill. Reg. 3723, effective March 1, 2023)