14-F
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT: Consideration and possible action to approve the In-Home Broadband Access Program Policies and Procedures.
DATE: September 12, 2022
EXECUTIVE SUMMARY
At its December 9, 2021 regular meeting, the City Council approved a $1 million allocation of Coronavirus State and Local Fiscal Recovery (SLFRF) Funds for 10,000 In-Home Wireless Access Points. In conjunction with the Citywide Wireless Broadband project, this program will provide low-income Bellflower households with free, in-home wireless broadband access units to close the digital divide.
RECOMMENDATION TO CITY COUNCIL
1) Approve the In-Home Broadband Access Program policies and procedures; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City received a total of $21.5 million in SLFRF funds through the American Rescue Plan Act to be spent on eligible uses. $1 million was allocated to provide in-home broadband modems to income qualified households in Account #920-44104-8020-COR / PO #800020005.
DISCUSSION
In March 2021, the American Rescue Plan Act became effective which includes unprecedented assistance to local governments through SLFRF. The City of Bellflower was allocated $21.5 million total in SLFRF funds. These funds are implemented and administered by the U.S. Treasury Department through the Final Rule released in January 2022. SLFRF funds can be used for costs incurred beginning on March 3, 2021. The funds must be obligated by December 2024 and spent by December 2026.
The City can spend SLFRF funds in several statutory categories, including by responding to the COVID-19 public health emergency or its negative impacts, assisting essential workers, replacing lost revenues, and making needed investments in water, sewer, or broadband infrastructure.
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Staff Report – In-Home Broadband Access Program Policies and Procedures September 12, 2022
DISCUSSION – Continued
On December 9, 2021, the City Council approved a $1 million allocation of SLFRF funds towards In-Home Wireless Broadband Access Points under the allowable expenditure category for broadband infrastructure investments. The $1 million allocation will provide 10,000 access points.
In conjunction with Bellflower Connect, the City’s new community broadband network that is expected to provide free, wireless broadband access all over Bellflower, the In-Home Broadband Access Program will provide eligible households with modems that will amplify the outdoor wireless signal from the Bellflower Connect network into their homes. This will give eligible households a free, high-speed internet connection at no additional cost. The modems are designed to provide a wireless connection that reliably delivers a base minimum of 100 Mbps of download speed and 20 Mbps of upload speed, with greater speeds achieved as the Bellflower Connect network is fully built out.
The City partnered with ICC Networking to provide a level of service that will compare to the high-speed and reliability of major internet carriers.
The attached program guidelines were drafted using the most recent guidance issued by the U.S. Treasury Department on eligibility standards and criteria for this use of funds. Applications will be available both online and as a paper application. It will also be available in English and Spanish. City staff will promote the program and accept and review applications from Bellflower households as soon as the Bellflower Connect network is installed in and around Downtown Bellflower. This first phase of Bellflower Connect is expected to be completed by October 1, 2022. The online application and updates about the program will be available at www.bellflower.org/connect .
The City will research the possibility of providing a purchase option for the modems that would be available for households interested in taking part in the service, but who do not fit in the eligibility criteria. Additionally, the City will consider potentially expanding the eligibility categories for the In-Home Broadband Access Program if there are not enough applicant households for the modems that are available.
ATTACHMENT
In-Home Broadband Access Program Policies and Procedures ..................................... 3
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In-Home Broadband Access Program Policies and Procedures
City of Bellflower
In-Home Broadband Access
Program Policies and Procedures
I. INTRODUCTION
Overview
The City of Bellflower’s In-Home Broadband Access Program (the “program”) provides wireless internet coverage to eligible Bellflower households at no-cost. The program will supply qualified Bellflower households with broadband access modems that will amplify the wireless signal from the “Bellflower Connect” network into their homes.
The program is funded by the Coronavirus State and Local Fiscal Recovery Funds program (SLFRF), part of the American Rescue Plan Act of 2021 (ARPA). The purpose of these administrative policies and procedures (“AP&P”) is to establish requirements for implementing the program in a manner consistent with applicable law.
II. ELIGIBILITY
Eligibility Criteria
To enroll in the program, an applicant must be part of a qualified household (see below). A “household” constitutes all persons occupying a housing unit.
The City will assign only one broadband access modem per household.
Applicants must reside in a single-family, multi-unit, or mobile home property located within Bellflower’s city limits and meet at least ONE of the following criteria:
1. Reside in a federally designated qualified census tract which is defined as
“any census tract which is designated by the Secretary of Housing and Urban Development and, for the most recent year for which census data are available on household income in such tract, either in which 50 percent or more of the households have an income which is less than 60 percent of the area median gross income for such year or which has a poverty rate of at least 25 percent. If the Secretary of Housing and Urban Development determines that sufficient data for any period are not available to apply this clause on the basis of census tracts, such Secretary shall apply this clause for such period on the basis of enumeration districts.” (see 26 U.S.C. § 42); OR
2. Have at least one household member who participates in one or more specific State or Federal assistance programs (see Page 4 for more details); OR
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In-Home Broadband Access Program Policies and Procedures
3. Have an annual household income that does not exceed the U.S. Department of Housing and Urban Development (HUD) established “Moderate Income” limits for households of 1-3 persons or does not exceed the “Moderate Income” limit of the Federal Poverty Guide for households of 4-8 persons (see Income Limits Table in Exhibit B for more details).
III. APPLICATIONS
Application Process
Any person who wishes to participate in the program must complete an online application form.
As a reasonable accommodation, applicants may also apply using a paper version of the application. All required information must be filled out before the City will accept the application.
The applicant will also be required to provide copies of any required supporting documentation as described in these AP&P to verify eligibility.
Required Applicant Submittal Documentation
To be considered for the program, applicants must submit the following to the Economic Development Director, or designee (the “Director”):
• A complete program application in a form approved by the Director; • A copy of a government-issued photo identification of the applicant; and • Copies of any required supporting documentation as described in these AP&P to verify eligibility.
A completed program application and any required supporting documentation must be submitted by the applicant to be considered for assistance. Failure to submit a complete application and any required supporting documentation may result in an application being denied.
Completing the Application Process
If the City determines that the applicant is qualified, the City may enroll the applicant into the program. The City will not require a reexamination of eligibility if the applicant’s household circumstances change after enrollment into the program.
File Documentation
The City will document the qualification method used (i.e., qualified census tract, program- based, income-based) and how any figures used in income calculations were determined. All verification attempts, information obtained, and decisions reached during the verification process will be recorded in the participant’s file in sufficient detail to demonstrate that the City followed the verification policies set forth in these AP&P.
Broadband Equipment Distribution & Support
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In-Home Broadband Access Program Policies and Procedures
Persons admitted into the program will be notified and invited to pick up available equipment at a designated location in Bellflower. Upon arrival, applicants will be asked to provide photo identification and to sign a receipt for the equipment. Reasonable accommodation will be made for persons with disabilities who are unable to travel to the designated location to pick up equipment.
The City will make every reasonable effort to supply persons in the program with a wireless modem in a timely manner. The availability and timeliness of delivery is dependent upon City’s private partner; the City does not guarantee that qualified applicants will receive a wireless modem.
If equipment is not immediately available, the City will place qualified applicants on a waiting list.
Persons notified regarding the availability of equipment or service under the program will be prioritized based upon their placement on the waiting list. Thereafter, the City will reserve equipment or service for qualified persons not more than five business days after they are notified. After the expiration of such time, equipment and services will be provided on a “first come first serve” basis, dependent upon a person’s placement upon the waiting list.
The City’s private partner, ICC Networking (ICCN), will provide installation instructions and technical support for broadband equipment.
IV. VERIFICATION
Residency Verification
The City requires at least one of the following types of documents to verify residency: a government-issued photo identification; rental agreements or leases; cancelled rent checks; rent payment receipts; utility bills; employer or agency records; voter registration records; vehicle registration; or income tax documents. In most cases, a copy of a government-issued photo identification will suffice. Other documentation may be required only to the extent necessary to verify the applicant’s status as a resident.
Census Tract Based Qualification Method
If an applicant’s household qualifies for the program based on a Qualified Census Tract (QCT), the City will verify that the applicant’s address is located within one of the census tracts in Bellflower designated by HUD as a QCT.
As of January 1, 2022, the QCTs in Bellflower are census tracts 5541.01 and 5541.05. A map of these QCTs is in Exhibit A. No further documentation is required from applicants residing in a QCT other than a completed program application and a government-issued photo identification, or other acceptable document, that verifies the applicant’s home address.
Program-Based Qualification Method
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In-Home Broadband Access Program Policies and Procedures
If an applicant does not already meet the eligibility criteria by residing in a QCT, an applicant household may qualify for the program at no-cost if at least one person in the applicant’s household currently participates in one or more State or Federal assistance programs that are listed below. Documentation is required to demonstrate participation in such assistance programs. In most cases, this would include a letter or a government agency record that verifies participation in that program or attendance at a Title I school.
Applicants can qualify for the program based on participation in one or more of the following public assistance programs:
• Children's Health Insurance Program (CHIP)
• Childcare Subsidies through the Child Care and Development Fund (CCDF) Program • Medi-Cal/Medicaid
• National Housing Trust Fund (HTF), for affordable housing programs only • Home Investment Partnerships Program (HOME) for affordable housing programs only • Temporary Assistance for Needy Families (TANF)
• CalFresh/Supplemental Nutrition Assistance Program (SNAP) • Free and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs • Medicare Part D Low-income Subsidies
• Supplemental Security Income (SSI)
• Head Start and/or Early Head Start
• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) • Section 8 Vouchers
• Low-income Home Energy Assistance Program (LIHEAP)
• Pell Grant
• Title I Schools
Income-Based Qualification Method
If an applicant household does not already meet the eligibility criteria by residing in a QCT or by participating in a specified public assistance program, then it may qualify based on annual household income.
Household income eligibility is based on the following two factors: (a) the total number of persons residing in the household; and (b) the total amount of the annual household income.
Income of Household Members
A Household is defined as all the persons who occupy a housing unit. Therefore, household member information must include, at a minimum, the following:
1) Full names and ages of all family members as well as any unrelated persons living in the residence.
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In-Home Broadband Access Program Policies and Procedures
2) Signature of the primary applicant(s), certifying under penalty of perjury that the information provided related to the annual household income and members is correct.
Annual Income
Annual Income is defined as the total gross amount of income received from all sources by all adult individuals of the household who have earned or received income during a 12-month period. Additional information on household income is provided in TYPES OF HOUSEHOLD INCOME section below. Based on applicant information provided, staff will calculate household income to determine applicant eligibility.
To determine program eligibility, all sources of annual income for each household member over the age of 18 and the exact amounts earned from each income source must be accurately documented. The primary applicant(s) is/are also required to certify by signature that the information provided regarding household members is correct under penalty of perjury.
Applicants that qualify based on income must have an annual household income that does not exceed the HUD established “Moderate Income” limits for households of 1-3 persons or does not exceed the “Moderate Income” limit of the Federal Poverty Guide for households of 4-8 persons. These limits may be adjusted annually. The City will use the most updated guidance from the U.S. Treasury in determining income limits. The income limits for 2021 are listed in Exhibit B for illustrative purposes.
Types of Household Income
The following is a list of the types of common household income and the kinds of documentation required for verification. This is not intended to provide an exhaustive list of possible income sources, but only those common sources. However, all applicant income sources must be clearly identified and documented in the application submittal.
A. Wage/Salary Income: Documentation of income must be obtained from at least two sources. For example, the first source can be paycheck stubs and the second source can be a Federal income tax return. The documentation must be properly labeled and compiled in the applicant’s case file in a readable format. Acceptable sources of income documentation include the following:
• Copies of all paycheck stubs from the three months before filing an application; AND • Federal income tax return for the most recent tax year; OR • Most recent federal income tax return AND most recent W-2 forms (if the most recent year return was not yet filed).
B. Self-Employment: Any income from an adult household member who is self-employed must be documented and verified from at least one of the following sources:
• A copy of IRS Form 1040/1040A (tax return) for the most recent tax year, OR - Page 7 of 12 -
In-Home Broadband Access Program Policies and Procedures
• An affidavit signed under penalty of perjury by the applicant that includes the name of the household member who is self-employed, the name of the business, and the prior year’s estimated annual income.
C. Pension Income: Pension Income must be verified from at least one of the following sources:
• A copy of the pension award letter; OR
• Copies of the applicant's three most recent payment stubs verifying benefit amount; OR
• A copy of the applicant's bank statement demonstrating that the award check was directly deposited into the applicant's account.
D. Personal Interest: Personal interest from savings accounts or dividends from financial investments must be identified and documented as earned income. Adequate verification may include:
• Federal income tax return; OR
• Copies of bank statements; OR
• All pages of investment statements indicating the amount of dividends earned.
E. Alimony/Child Support: Income received from alimony and/or child support payments must be documented and verified from at least one of the following sources:
• A copy of applicant's weekly or monthly check; OR
• A copy of a separation or settlement agreement or a divorce decree from a court establishing payments; OR
• An affidavit, signed by the applicant, certifying to the amount of child support received.
F. In-Home Supportive Services: Income earned by a caregiver/caretaker providing in- home supportive services for a different household must be documented through copies of the three most recent paycheck stubs, to establish the monthly income.
G. Rental Income: Income received from rental property must be documented as earned income and must be verified from at least two of the following sources:
• A copy of the property rental agreement signed by current tenant stating monthly rent;
• A copy of recent rent check;
• A copy of the applicant's income tax return declaring earned rental income which may not be older than one year.
• Proof of Rent Receipt.
H. No Income: Should an adult member of the household (18 years and older) have no income to report, documentation to be submitted may include:
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In-Home Broadband Access Program Policies and Procedures
• A self-certification signed under penalty of perjury by the household member declaring he/she does not earn income that can be contributed to the household.
The calculation of gross annual income does not include the following:
• Income from Children, which is income from the employment of children (including foster children) under the age of 18 years.
• Payments Received for the Care of Foster Children, including foster adults (usually persons with disabilities, unrelated to the family, who are unable to live alone).
• Lump-Sum Payments, including additions to family assets, such as inheritances, insurance payments (e.g., health and accident insurance, and worker’s compensation), capital gains, and settlement for personal or property losses.
• Reimbursement for Medical Costs, including all payments received by the family that are specifically for, or in reimbursement of, medical expenses for any family member.
• Live-in Aide, including the income of a live-in aide employed because of a medical condition or disability of a family member. A live-in aide is determined to be essential to the care and well-being of the person, not obligated for the support of the person, and would not be living in the unit except to provide the necessary supportive services.
• Education Assistance, including the full amount of educational scholarships paid directly to the student or to the educational institution, and Government funds paid to a veteran for tuition fees, books, equipment, materials, supplies, transportation and miscellaneous personal expenses of the student. Any amount of such scholarship or payment to a veteran not used for the above purposes that is available for subsistence is to be included in income.
• Armed Forces (Special Pay), specifically special pay to a family member serving in the Armed Forces who is exposed to hostile fire.
• Government Programs, including the following:
o Amounts received under training programs funded by HUD and earnings and benefits from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government). o Amounts received by a disabled person that are disregarded for a limited time for purposes of Supplemental Security Income (SSI) eligibility and benefits, because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS).
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In-Home Broadband Access Program Policies and Procedures
o Amounts received by a participant in other publicly-assisted programs, which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and made solely to allow participation in a specific program.
o Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the U.S. Housing Act of 1937.
o Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member living at home.
• Temporary Income, considered temporary, nonrecurring, or sporadic in nature (including gifts).
• Income of Full-Time Students, earnings in excess of $480 for each full-time student 18 years old or older attending school or vocational training (excluding the head of household and spouse).
• Property Tax Refunds, including amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling of the unit.
• Adoption Assistance Payments, in excess of $480 per adopted child.
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In-Home Broadband Access Program Policies and Procedures
EXHIBIT A
Map of Qualified Census Tracts (QCTs) in Bellflower
Qualified Census Tracts 5541.01 and 5541.05 are shaded in the map above.
Source: www.huduser.gov/portal/datasets/qct.html
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In-Home Broadband Access Program Policies and Procedures
EXHIBIT B
2021 Low- And Moderate-Income Eligibility
Applicable Income Limits IN BOLD Below Per Household Size*
Federal Poverty Guideline
Calculation Area Median Income (AMI) Calculation
Household
Size
2021
Federal
Poverty
Guidelines
Moderate
Income
Low
Income
50%
AMI
Moderate
65% Threshold
(1.3 X 50%
AMI)
Low Income
40%
Threshold
(0.8 X 50%
AMI)
1 $12,880 $38,640 $23,828 $41,400 $53,820 $33,120
2 $17,420 $52,260 $32,227 $47,300 $61,490 $37,840
3 $21,960 $65,880 $40,626 $53,200 $69,160 $42,560
4 $26,500 $79,500 $49,025 $59,100 $76,830 $47,280
5 $31,040 $93,120 $57,424 $63,850 $83,005 $51,080
6 $35,580 $106,740 $65,823 $68,600 $89,180 $54,880
7 $40,120 $120,360 $74,222 $73,300 $95,290 $58,640
8 $44,660 $133,980 $82,621 $78,050 $101,465 $62,440
* These limits may be adjusted annually by the U.S. Department of the Treasury
Source: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and- tribal-governments/state-and-local-fiscal-recovery-funds
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