CEAC PWOI
Spring Conference
Stafford Act Changes PL 113-2
February 28, 2013
Jerry Quinn
Copyright Gerard J. Quinn & Associates 2013
Good Day, Bad Day
Director of Public Works
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
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 $$)
Renamed Office of Emergency Services July 1
705-2 East Bidwell Street #101, Folsom, CA 95630-3315
916-351-1831
Debris Removal (A)
Restores eligibility & reimburses force account
employee regular time to perform debris removal
Allows Subgrantee to accept cost risk under a
capped PW for debris removal
705-2 East Bidwell Street #101, Folsom, CA 95630-3315
916-351-1831
Debris Removal
Allows retention of recycling income & excess
grant $$ for use for future DR improvements
Incentive for an approved DR plan & at least one
prequalified DR contractor
Incentives/disincentives
removal
for
“prompt”
705-2 East Bidwell Street #101, Folsom, CA 95630-3315
916-351-1831
debris
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 95630-3315
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
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
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
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
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?
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
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.
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
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
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
705-2 East Bidwell Street #101, Folsom, CA 95630-3315
916-351-1831
Major Disaster Declarations 2011 & 2012
Major
Declaration Lag Range Individual Denials/Denial
Declarations Lag Days
Days
Assistance %
Rate
2012 H & T
20
25
3 - 52
2012 Other
27
36
3 - 79
2012 Total
2011 H & T
2011 Other
2011 Total
47
42
57
31
20
46
99
3 - 79
38%
12/20%
30%
12/11%
3 - 71
3 - 170
38
3 - 170
Ten Years of California Major Disasters
Major
Declaration
Lag Range
Individual
Declarations
Lag Days
Days
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 95630-3315
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.
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
705-2 East Bidwell Street #101, Folsom, CA 95630-3315
916-351-1831
Cost Estimating Format
Mandatory!
projects.
FEMA’s unilateral calculation for large
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 95630-3315
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.
705-2 East Bidwell Street #101, Folsom, CA 95630-3315
916-351-1831
Grant Survival
Keep original records.
constitutes an original.
The subgrantee defines what
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.
705-2 East Bidwell Street #101, Folsom, CA 95630-3315
916-351-1831