CEAC PWOI Spring Conference Stafford Act Changes PL February 28, 2013 Jerry Quinn Copyright Gerard J. Quinn & Associates 2013

705-2 East Bidwell Street #101, Folsom, CA Good Day, Bad Day Director of Public Works

705-2 East Bidwell Street #101, Folsom, CA TGIF – Thank Goodness it’s FEMA PL 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 Cal EMA Our Partner? Cal EMA Secretary: “… I will not fight with FEMA….” 10/2/12 Seeking criteria for Gubernatorial State of Emergency proclamation Governor’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 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 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 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 Emergency Protective Measures Stafford Act Section 403 Access, protection, emergency services, eliminate hazards, support, highways & community needs CDAA Emergency 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

705-2 East Bidwell Street #101, Folsom, CA 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 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 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 Code Subgrantee performs environmental clearances coming Cal EMA monitoring Flood Insurance

705-2 East Bidwell Street #101, Folsom, CA Loose Ends Congressional Research Service (CRS) & Government Accountability Office (GAO) published reports questioning the “leniency” of the major disaster declaration process. PL requires a study of “small project threshold” $500,000 consolidated projects?

705-2 East Bidwell Street #101, Folsom, CA Dispute Resolution Pilot Program FEMA’s highest priority 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 Cash Flow Cash Flow – Disaster Relief Fund Balance Individual 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 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 Traditional State Share CDAA matching 18.75% since 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 Contact Information Jerry Quinn, Principal-Owner Gerard J Quinn & Associates

705-2 East Bidwell Street #101, Folsom, CA Major Disaster Declarations 2011 & 2012 Major Declarations Declaration Lag Days Lag Range Days Individual Assistance % Denials/Denial Rate 2012 H & T Other Total %12/20% 2011 H & T Other Total %12/11% Ten Years of California Major Disasters Major Declarations Declaration Lag Days Lag Range Days Individual Assistance % % Last California Presidential Major disaster declaration was the Tsunami April 18, Last California declaration including individual assistance was November 18, FEMA PA grants in California exceed $1.2 Billion in the past 10 years.

705-2 East Bidwell Street #101, Folsom, CA 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. § 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 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 Cost Estimating Format Mandatory! FEMA’s unilateral calculation for large projects. CEF estimate adjusted to 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 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 Grant Survival Keep 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.