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CEAC PWOISpring Conference
Stafford Act Changes PL 113-2
February 28, 2013Jerry Quinn
Copyright Gerard J. Quinn & Associates 2013
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Good Day, Bad DayDirector of Public Works
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
TGIF – Thank Goodness it’s FEMA
PL 113-2 Makes no changes in any grant obligations, procurement, documentation or environmental compliance requirements
Designed to save the federal government $
Subject to development of regulations
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Cal EMA Our Partner?
Cal EMA Secretary: “… I will not fight with FEMA….” 10/2/12
Seeking criteria for Gubernatorial State of Emergency proclamationGovernor’s budget proposes $10 million reduction to CDAA appropriation (State match $$)
Renamed Office of Emergency Services July 1
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Debris Removal (A)
Restores eligibility & reimburses force account employee regular time to perform debris removal
Allows Subgrantee to accept cost risk under a capped PW for debris removal
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Debris Removal
Allows retention of recycling income & excess grant $$ for use for future DR improvements
Incentive for an approved DR plan & at least one prequalified DR contractor
Incentives/disincentives for “prompt” debris removal
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Emergency Protective Measures (B)
Reimburse force account regular time performance of emergency protective measures (EPM) except when EPM activities are typically performed by such employees
Is that K-rail typical or disaster response?
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Emergency Protective Measures
Stafford Act Section 403Access, protection, emergency services, eliminate hazards, support, highways & community needs
CDAAEmergency protective measures, undertaken in response to a disaster event resulting in a state of emergency proclamation by the Governor, to save lives, to protect public health and safety, and to protect improved property are eligible for state financial assistance under Government Code Section 8685.2
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Alternate Project
Eliminates penalty for conversion of eligible project to a higher interest public project
Capped at FEMA estimate. Negotiate with a good local estimate
Customary AP conditions apply
Equipment purchases have no NEPA requirement
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Tribal Governments
Federally recognized tribal governments have the choice to go direct to the President for disaster declarations
Unique financial forgiveness provisions
115 Recognized Tribal Governments in California
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Loose Ends
MAP-21 moves on system debris removal to FEMA Public Assistance 75% funding
Challenges to statutory authorities for the Road Commissioner & Public Contract CodeSubgrantee performs environmental clearances coming
Cal EMA monitoring
Flood Insurance
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Loose Ends
Congressional Research Service (CRS) & Government Accountability Office (GAO) published reports questioning the “leniency” of the major disaster declaration process.
PL 113-2 requires a study of “small project threshold”
$500,000 consolidated projects?
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Dispute Resolution Pilot Program
FEMA’s highest priority 113-2 work item
“Independent” review panel (members FEMA approved)
$1 million or more in dispute
Must have state & local share
Post first appeal
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Cash Flow
Cash Flow – Disaster Relief Fund BalanceIndividual Assistance paid first
Newest disaster more important
Cash Flow – Governor does not authorize CDAA funds?? None in 2012.
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Cash Flow
FEMA deobligations based upon filed Quarterly Reports
FEMA deobligations based upon submitted final claims
Cal EMA deobligating CDAA proceeds in tandem
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Traditional State Share
CDAA matching grants @ 18.75% since 2007. Not initiating 75% CDAA on FEMA denials. 25% state share never to be seen again?
Cal EMA support of appeal to FEMA barely positive
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Contact InformationJerry Quinn, Principal-Owner
Gerard J Quinn & Associates
916 351 1831
jerryquinn@gjquinnassociates.com
www.gjquinnassociates.com
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Major Disaster Declarations 2011 & 2012
Major
DeclarationsDeclaration Lag Days
Lag Range Days
Individual Assistance %
Denials/Denial Rate
2012 H & T 20 25 3 - 52 2012 Other 27 36 3 - 79
2012 Total 47 31 3 - 79 38% 12/20%
2011 H & T 42 20 3 - 71 2011 Other 57 46 3 - 170
2011 Total 99 38 3 - 170 30% 12/11%
Ten Years of California Major DisastersMajor
DeclarationsDeclaration
Lag DaysLag Range
DaysIndividual
Assistance %14 33 3 - 71 40%
Last California Presidential Major disaster declaration was
the Tsunami April 18, 2011. Last California declaration including individual assistance was November 18, 2008. FEMA PA grants in California exceed $1.2 Billion in the
past 10 years.
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Here's another nice mess you've gotten me into!
There are no penalties if FEMA or its representatives fail to perform, give incorrect advice, or approve assistance later defined as erroneous.
§ 5148. NONLIABILITY OF FEDERAL GOVERNMENT {Sec. 305}
The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this Act.
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Tell me that plan again.
Senator John McCain, paraphrase, “Congress is equally responsible for the sorry state of federal disaster response and recovery and the executive branch.”
“Our problem with FEMA is that there is no one here who can make a decision and it remains a decision.”
Steve Theriot, CPA, Legislative Auditor, State of Louisiana
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Cost Estimating Format
Mandatory! FEMA’s unilateral calculation for large projects.
CEF estimate adjusted to actual @ completion
Do not discuss or request improved or alternate project approval until you have a fully acceptable, locally determined estimate of net eligible project costs
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Disaster Assistance
Public Assistance to states, local governments, Indian tribes and private non-profits.
Nominal rate of Assistance: 75% of net eligible cost. Effective rate of assistance: less than 50% of full costs.
Disaster Response and Recovery is hard work, it’s political, and it takes a long time.
705-2 East Bidwell Street #101, Folsom, CA 95630-3315916-351-1831
Grant SurvivalKeep original records. The subgrantee defines what constitutes an original.
Federal final claim amounts will be different from state (CDAA) amounts because of the small project concept.
When cost effective, it is important to file a federal small project final claim within 60 days of physical completion of your last small project.
Deliver record copies with a proof of delivery required.
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