January 2014 Natural disaster financial assistance for local councils Advice regarding the replacement of essential public assets including betterment and enhancement AS OF 20 DECEMBER 2013, THE CONSIDERATION OF ANY BETTERMENT PROPOSALS BY THE COMMONWEALTH HAS BEEN PLACED ON HOLD PENDING THE FINDINGS OF THE PRODUCTIVITY COMMSION INQUIRY INTO NATIONAL DISASTER FUNDING ARRANGEMENTS (EXPECTED IN NOVEMBER 2014). Restoration or Replacement of Essential Public Assets As a basic principle, the restoration or replacement of certain essential public assets damaged as a direct result of a natural disaster should be designed to provide the most cost effective solution that complies with relevant Australian building, design and engineering standards. Where this requires different materials or technology than the pre-existing assets, for example replacing a timber bridge with a concrete and steel bridge, this work will be eligible for reimbursement funding on a 50:50 basis between the Commonwealth and Victorian Government. Betterment Cost sharing for upgrading essential public assets to more resilient standards is also available and is known as betterment. Betterment of an essential public asset was introduced to the Natural Disaster Relief and Recovery Arrangements (NDRRA) in 2007 to reduce recovery and rebuilding costs and encourage increased disaster-resilience in essential public assets. The betterment provision allows State and Territory (State) governments to restore or replace essential public assets to a more disaster resilient standard than their pre-disaster standard. The intent of betterment is to increase the resilience of Australian communities to natural disasters, while at the same time reducing future expenditure on asset restoration, reducing incidents, injuries and fatalities during and after natural disasters, and improving asset utility during and after natural disasters1. What assets can be included in a Betterment Application? Under the NDRRA, an essential public asset has been defined as “an asset of an eligible undertaking that the state considers and the Commonwealth agrees: a) is an integral and necessary part of the state’s infrastructure which is associated with health, education, transport, justice or welfare; and b) would, if lost or damaged, severely disrupt the normal functioning of a community; and c) would, if lost or damaged, be restored or replaced as a matter of urgency. Examples of essential infrastructure are roads and bridges, culverts and storm water infrastructure. An example of a project that might be considered for betterment funding is where the level of a flood-affected highway may potentially be raised for several kilometres, which would be result in increasing the asset to a more disaster resilient standard. 1 Guideline 7 Commonwealth NDRRA Determination 2012 What costs are able to be included in a Betterment Application? Betterment costs mean the difference between the cost of restoring or replacing an essential public asset to its pre-disaster standard, and the cost of restoring or replacing the asset to a more disaster-resilient standard. The normal cost of restoration will be claimable under Category B of the NDRRA and the marginal cost of betterment will be claimed under Betterment. For example, if a proposal is developed for an asset with a restoration option costed at $2 million and a betterment option costed at $5 million, the betterment component would be $3 million. All costs directly associated with a betterment project, including the cost of designing and analysing the betterment component of the project, are regarded as eligible expenditure, subject to approval of the Betterment proposal by the Commonwealth and State Governments before any betterment works are commenced. Enhancement of assets Where there has been an increase in functionality, capacity or aesthetics of an asset beyond that which existed prior to the emergency, this will be considered as enhancement rather than betterment (for example, additional lanes on a bridge) as it is will not result in increasing the asset to a more disaster resilient standard. Enhancement is not eligible for reimbursement under the NDRRA and as such, costs associated with the enhancement component would need to be paid by the relevant authority responsible for the asset. If an additional lane was added to the flood-affected highway example above, beyond what it had previously before the floods, only the original lanes would be eligible for NDRRA reimbursement. The additional lane would be considered to be improved ‘functionality’ and enhancing capacity rather than increasing the asset to a more disaster resilient standard. Costs associated with the original lanes would need to be kept separate from the improved ‘functional’ component in order to seek reimbursement. Costs associated with the enhancement of the asset would need to be paid by the relevant authority responsible for the asset as they are not eligible for reimbursement under the NDRRA. Pre-approval requirement for betterment projects from Commonwealth Government The Victorian Government must obtain pre-approval from the Commonwealth Government before the betterment works are commenced following submission of a Betterment Application and cost-benefit analysis justifying the betterment project. Applications for betterment must be completed using the Betterment Application Template. This is to be submitted to DTF for review and consideration prior to being submitted for approval under the Victorian Government Cabinet Budget and Expenditure Review Committee. If endorsed by the Victorian Government, the submission will be forwarded to the Commonwealth for assessment. Approved betterment works will be shared on a one-third State Government, one-third Commonwealth Government and one-third Local Government basis if the asset is owned by local government, or on a 50:50 basis between the Commonwealth and State Government, if the asset is owned by the State. Applications and business cases including a cost-benefit analysis are to be provided to: Donna Kennedy Analyst, Department of Treasury and Finance (03) 9651 0344 The following link provides access to NDFA guidelines and forms to assist councils with their claims: http://www.dtf.vic.gov.au/Victorias-Economy/Natural-disaster-financial-assistance NDFA Summary Guidelines for Council; NDFA Claims Reimbursement Process - Frequently Asked Questions (FAQ); Advice regarding eligibility of salaries and wages; and NDFA Council Claim Form. Frequently asked questions Q: Can betterment costs be included in a claim? A: The reinstatement or replacement of assets should be designed to provide the most cost effective solution that complies with relevant Australian building, design and engineering standards. Where this requires different materials or technology than the pre-existing assets, for example replacing a timber bridge with a concrete and steel bridge, this work may be eligible for reimbursement funding on a 50:50 basis between the Commonwealth and Victorian Government. The NDRRA Determination defines betterment as the replacement or restoration of an essential public asset to a more disaster resilient standard than its pre-disaster standard. All costs directly associated with a betterment project, including the cost of designing and analysing the betterment component of the project are regarded as eligible expenditure. Essential damaged public assets refers to assets identified as being an integral and necessary part of the state’s infrastructure which is associated with health, education, transport, justice or welfare; and would, if lost or damaged, severely disrupt the normal functioning of a community; and would, if lost or damaged, be restored or replaced as a matter of urgency. Examples of essential infrastructure are roads and bridges, culverts and storm water infrastructure. An example of a project that might be considered for betterment funding is where the level of a flood-affected highway may potentially be raised for several kilometres, which would be result in increasing the asset to a more disaster resilient standard. Q: What does the State Government or councils need to do if they wish to seek reimbursement from the Commonwealth under NDRRA for betterment projects? If the State Government wishes to seek reimbursement from the Commonwealth for betterment projects, it must obtain pre-approval from the Commonwealth in accordance with the NDRRA before the betterment works are commenced. Applications for betterment must be completed using the Betterment Application Template and provided to Donna Kennedy at the Department of Treasury and Finance on (03) 9651 0344. Any additional upgrading costs related to the betterment works would be shared on a one-third State Government, one-third Commonwealth Government and one-third Local Government basis if the asset is owned by local government, or on a 50:50 basis between the Commonwealth and State Government, if the asset is owned by the State. Q: Are councils able to claim the costs of an additional lane when repairing damage to a road under the Natural Disaster Financial Assistance (NDFA)? A: Costs associated with adding another lane to a disaster-affected road beyond what it had previously before the event, would not be eligible for reimbursement under NDRRA. The additional lane would be considered to be improved ‘functionality’ and enhancing capacity rather than increasing the asset to a more disaster resilient standard. Costs associated with the original lanes would need to be kept separate from the improved ‘functional’ component in order to seek reimbursement. Costs associated with the enhancement of the asset would need to be paid by the relevant authority responsible for the asset. Q: Are councils able to claim the costs of an additional culvert when repairing damage to a road under the NDFA? A: Costs associated with providing an additional culvert when repairing a road damaged from a natural disaster, or re-locating a particular road to an alternative location would be eligible for NDRRA reimbursement subject to the approval of the betterment project by the Commonwealth, as these activities would be considered to be increasing the asset to a more disaster resilient standard. There are no standards or guidelines on the number and/or size of culverts that the State must adhere to, as long as the increase in resilience and a net benefit can be demonstrated. If the State Government wishes to seek reimbursement from the Commonwealth for betterment projects, it must obtain pre-approval from the Commonwealth in accordance with NDRRA before the betterment works commences including a cost-benefit analysis justifying the betterment project. Reimbursement would be made on a one-third State Government, one-third Commonwealth Government and one-third Local Government basis if the highway is owned by local government, or on a 50:50 basis between the Commonwealth and State Government if the asset is owned by the State. Q: Are councils able to claim the costs of replacing a timber bridge with a concrete and steel bridge when repairing damage under the NDFA? A: The replacement of a damaged asset should be designed to provide the most cost effective solution that complies with relevant Australian building, design and engineering standards. Where this requires different materials or technology than the pre-existing assets, for example replacing a timber bridge with a concrete and steel bridge, this work will be eligible for reimbursement funding on a 50:50 basis between the Commonwealth and Victorian Government.