2. CEAC PWOI Spring Conference Stafford Act Changes PL 113-2 February 28, 2013 Jerry Quinn Copyright Gerard J. Quinn & Associates 2013

3. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 Good Day, Bad Day Director of Public Works

4. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

5. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 Cal EMA Our Partner? Cal EMA Secretary: “… I will not fight with FEMA….” 10/2/12 Seeking criteria for Gubernatorial State of Emergency proclamation Governor’s budget proposes $10 million reduction to CDAA appropriation (State match $$) Renamed Office of Emergency Services July 1

6. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

7. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

8. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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?

9. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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 8685.2

10. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

11. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

12. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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 Code Subgrantee performs environmental clearances coming Cal EMA monitoring Flood Insurance

13. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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?

14. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

15. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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.

16. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 Cash Flow FEMA deobligations based upon filed Quarterly Reports FEMA deobligations based upon submitted final claims Cal EMA deobligating CDAA proceeds in tandem

17. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

18. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 Contact Information Jerry Quinn, Principal-Owner Gerard J Quinn & Associates 916 351 1831 jerryquinn@gjquinnassociates.com www.gjquinnassociates.com

19. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 Major Disaster Declarations 2011 & 2012 Major Declarations Declaration Lag Days Lag Range Days Individual Assistance % Denials/Denial Rate 2012 H & T20253 - 52 2012 Other27363 - 79 2012 Total47313 - 7938%12/20% 2011 H & T42203 - 71 2011 Other57463 - 170 2011 Total99383 - 17030%12/11% Ten Years of California Major Disasters Major Declarations Declaration Lag Days Lag Range Days Individual Assistance % 14333 - 7140% 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.

20. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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.

21. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

22. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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

23. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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.

24. 705-2 East Bidwell Street #101, Folsom, CA 95630-3315 916-351-1831 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.