Sandy Recovery Improvement Act (SRIA) of 2013

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Sandy Recovery Improvement Act (SRIA)
of 2013
Public Assistance Program
Alternate Procedures Pilot Program
Public Assistance Division
Federal Emergency Management Agency
U.S. Department of Homeland Security
Sandy Recovery Improvement Act
• On January 29, 2013, President Obama
signed into law the Sandy Recovery
Improvement Act of 2013 (P.L. 113-2) (SRIA).
• FEMA is implementing
the Alternate
Procedures as a pilot
program, as described
in the law.
2
Alternate Procedures Pilot Program
 The FEMA Administrator may waive notice and
comment rulemaking and applicants may apply these
alternative procedures to:
 Future major disasters
 Current disasters for projects where construction
has not yet begun
 Applicants must elect to participate in the pilot and can
select alternative procedures on a project by project
basis
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Alternative Procedures shall further the
goals of:
1. Reducing the costs to the Federal Government of providing
such assistance
2. Increasing flexibility in the administration of such
assistance
3. Expediting the provision of such assistance to applicants
4. Providing financial incentives and disincentives for the
timely and cost-effective completion of projects with such
assistance
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Two Main Sections of the Pilot Program
Alternate Procedures Pilot
Program
Debris
Removal
Permanent
Work
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Debris Removal
Debris Removal Sections will be available to applicants as a list of
choices.
Applicants can choose to implement all of the provisions, select
provisions, or none of the provisions regardless of receiving
reimbursement on actual costs or a grant based on an estimate.
The available provisions are:
• Capped Grant on the basis of an estimate
• Sliding Scale
• Debris Recycling
• Force Account Labor
• Pre-Incident Debris Management Plans
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Capped Grant on the Basis of an Estimate
• FEMA, the grantee, and the applicant will conduct a survey of
disaster related debris and will come to an agreement on an
estimate for how much it will cost to remove that debris.
• Applicants will be allowed to keep any funds that they did not use
for debris related operations and be allowed to put that money
towards the purchase of new equipment or for enhancing their
future debris removal operations, such as training and planning.
• If applicants spend more money than the federal grant allows for,
the additional costs will be the responsibility of the applicant.
• If the FEMA/Grantee/Applicant team cannot agree on an estimate
within 60 days following the kickoff meeting, FEMA will only
reimburse the applicant on actual costs.
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Sliding Scale
The Sliding Scale provision enables applicants to receive an
increased federal cost share for the rapid removal of debris.
An applicant cannot utilize this provision if receiving a grant on
the basis of an estimate.
Days from End of Incident
Period
Federal Cost Share
0 – 30
85%
31 – 90
80%
91 – 120
75%
120 +
0%
8
Debris Recycling
FEMA will now allow applicants the choice of retaining any
revenue from recycling disaster related debris without an offset to
the federal grant.
Costs to sort debris as part of a recycling program are eligible for
reimbursement.
The United States Environmental Protection Agency (EPA.gov) may
provide guidance on recycling programs.
9
Force Account Labor
FEMA will begin to reimburse straight or regular time
salaries and benefits for employees of an eligible
applicant involved in conducting or administrating debris
and wreckage removal.
FEMA will continue to pay overtime for employees as
well.
10
Pre-Incident Debris Management Plans
Applicants who have developed a debris management plan
prior to the disaster will receive a one-time 2% financial
incentive on the first disaster following the plan adoption.
Subsequent disasters will be funded at the normal cost
share.
FEMA provides guidance on the development of a debris
management plan, including templates.
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Permanent Work
Applicants will decide project by project if they will utilize the
alternate procedures or remain in the actual cost program.
The provisions of the alternate procedures will come in a package
deal and only available to projects which receive a grant on the
basis of an estimate.
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Permanent Work
Applicants who choose alternate procedures may:
 Consolidate projects across categories of work
 Keep any unspent funds under the grant
 Not receive a reduction in funding when choosing to
do an alternate project, and
 Have access to a 3rd party expert panel to have cost
estimates validated where the federal share is in
excess of $5 million
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Consolidate Projects
• Applicants who choose to receive a grant on the basis of an
estimate will be allowed to keep any funds that they did not
use on that project. They will then be allowed to put that
money towards hazard mitigation activities or for enhancing
their future public assistance operations, such as training and
planning.
• FEMA, the grantee, and the applicant will determine the grant
amount by combining cost estimates on all of the projects
that are to be consolidated.
• Applicants will not have the ability to move funding from one
grouping of consolidated projects to another.
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Unspent Funds (Under Runs)
Applicants who choose to receive a grant on the basis of an
estimate will be allowed to keep any funds that they did not use
on that project.
Acceptable Uses of unspent funds:
• Hazard mitigation projects on damaged facilities or otherwise
eligible facilities
• Activities to improve PA program operations such as training
or planning
• Alternate or improved projects defined by current PA policy
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Alternate Project Reduction
If an applicant choses to receive their federal grant on the basis
of an estimate, as part of the pilot program, FEMA will provide
the applicant with the entire federal cost share.
Alternate projects require approval from FEMA before
construction begins.
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3rd Party Expert Panel
• Applicants will have the ability to have their own cost
estimate, or a cost estimate prepared by FEMA, to be
reviewed by a third party expert panel.
• The panel will be comprised of design, engineering,
construction, cost estimating and industry professionals that
are independent of FEMA, the grantee, and the applicant.
• The expert panel will only review estimates where the federal
cost share is projected to be in excess of $5 million.
• Decisions by the panel will be final and will be used as the
basis of funding for the grant.
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