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

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


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


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


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


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


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?


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


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


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


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


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?


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


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.


Cash Flow

FEMA deobligations based upon filed Quarterly Reports

FEMA deobligations based upon submitted final claims

Cal EMA deobligating CDAA proceeds in tandem


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


Contact InformationJerry Quinn, Principal-Owner

Gerard J Quinn & Associates

916 351 1831

[email protected]

www.gjquinnassociates.com


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.


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.


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


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


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.


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.

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

Documents

east bidwell street

california slide

prompt debris removal

nepa requirement slide

system debris removal

public project

fema public assistance

public health