35 RECOVERY FROM THE WILDFIRES INTRODUCTION Following the devastating impacts of the Florida wildfires, residents, businesses, and government agencies were faced with the monumental task of getting their lives back to some sense of normalcy. For the residents who have lost everything as their homes and surrounding property were razed by the wildfires, the first steps in the recovery process can be daunting. Although the Committee understood that the established recovery system, sponsored by the Federal Emergency Management Agency and the State, appeared to work well, there is still room for improvement. For the many businesses that either sustained fire damages, or economic losses from business disruptions caused by either the fire or the smoke, the recovery process takes on a different form. From the initial investigation spurred by the visit of President Clinton to the impacted area to determine the long term economic impacts, to the time business recovery is complete, is important for the long term consequences of this disaster. Not only is there lost income, but lost sales taxes, and a host of other revenues that can cause a cascade or ripple effect in the economy. Some businesses, especially timber holding companies, have lost several years of inventory in damaged or destroyed trees that will manifest themselves for years to come. The mission of long term recovery and redevelopment is to identify adverse consequences of Florida’s disaster events, and to set in motion the actions necessary to ensure that the required resources are in place to address these impacts. It is of vital importance to identify these long-term redevelopment needs during the response and recovery phases of the disaster. The following recommendations provide a blueprint for action that the Committee believes will facilitate Florida’s state agencies, federal, and local government partners’ efforts to recover from the impacts of the recent wildfires. To fulfill this mission, there needs to be cooperation with assistance from each entity identified. It is through this combined effort that Florida’s communities can recover and rebuild after any disaster. ISSUE A: RECOVERY PLANNING The process to ensure that impacted communities and businesses recover from the impacts of a major disaster is complex and challenging, yet must actually be initiated while the disaster’s effects are still unfolding. If effective steps to support and facilitate the recovery process are not initiated quickly by all levels of government, the impact of the event can be even more severe. This demand for rapid and decisive action to bring resources to bear on long term recovery needs and problems requires that operations be planned before disasters, and that the necessary operational procedures, information databases, skilled personnel, and other resources be in place from the outset of the event. While speed and efficiency in promoting disaster recovery of the impacted communities is important, it must be done in a manner that will not simply leave the victims open to the same or similar damages from the next disaster event. The recovery process must also encourage redevelopment that will make the impacted communities and businesses more resistant to future disasters. The wildfires of 1998 demonstrated to Florida the need to improve and enhance its plans and procedures for disaster recovery and to support disaster-resistant long-term recovery efforts. 36 The Committee believes that the recommendations for improved recovery planning, formulated in the aftermath of the wildfires, when implemented, will be applicable to the recovery and redevelopment after any type of major disaster. Recommendation #39: The Division of Forestry shall, in consultation with the forestry industry, other involved agencies and stakeholders, develop an emergency management plan. Comments: a. The Committee recommends that the lessons learned from these fire events be institutionalized so procedures would be in place should such an event occur again. b. This plan would include procedures for clean-up efforts, environmental restoration, marketing, and regulatory issues (i.e., salvaging guidelines, purchasing methods, etc.). c. The Committee further recommends this emergency plan be consistent with other state, regional, and local plans. Recommendation #40: The Division of Emergency Management and the Division of Forestry shall jointly develop a standard operating procedure and training program for requesting fire suppression, public assistance, and/or direct federal assistance through the Stafford Act in the event of a major wildfire disaster. Comments: a. The use of the appropriate federal program to ensure firefighting costs are reimbursed caused much confusion at the local, and state level. Fire suppression grants (federal) have unique eligibility requirements that must be met before securing these funds. Both DEM and DOF, and other assisting entities, need to be fully versed on which is the appropriate route to take given the circumstances. It is estimated that the State of Florida saved over $18 million in match requirements by using the correct federal funding source. b. This procedure shall include a provision to advise other state agencies and local response organizations of the restrictions and limitations of the funding sources secured. Recommendation #41: The Division of Emergency Management and the Department of Military Affairs shall jointly develop within the framework of the Florida Emergency Management Information System, a program which includes a “joint lessons learned system” that is initiated during a county emergency operations center activation. Comments: a. This system will be similar to that currently used by the Florida Department of Military Affairs. Access to this system will be available to each county emergency management office and all state and other agencies as required. 37 b. This system will be used to enhance effective and efficient operations during emergencies as well as for purposes of analysis and the event and recommendations for future operational improvements. ISSUE B: RECOVERY LEGISLATION Background Many aspects of the recovery process, as demonstrated by the wildfires, require state funding and authorization if they are to be successfully implemented. In the aftermath of a major disaster, state government has a unique role and expertise to support the recovery and redevelopment process, and the necessary legislative authorities must be available to do so. Recommendation #42: The 1999 Legislature should enact enabling legislation and a dedicated source of funds to the Department of Community Affairs to establish a dedicated Long-Term Redevelopment Support Function. Comments: a. The Committee recognizes the need to institutionalize the long-term redevelopment process in each appropriate state agency. Too often, after the “emergency” phase of a disaster has passed, the Department of Community Affairs, which is charged with this role, cannot enlist the assistance of key stakeholders in the process. The Committee recommends that this be an identified function in each state agency, similar in nature to the role the Emergency Coordinating Officers now have with response and recovery activities. b. The Committee believes this function should facilitate and coordinate economic recovery activities with the Federal Recovery Support Function Annex as well as local, regional and other state entities. c. This function would focus on issues such as lost wages, business interruption, loss of inventory, etc. It would also focus on an industry wide assessment, diversification, re-training issues. d. The Committee recommends the 1999 Legislature establish a dedicated source of funds that can be accessed after a disaster to perform these functions. It is recommended this be set at $100,000 accessible by the Department of Community Affairs upon the execution of the Governor’s Executive Order for declared disasters. Recommendation #43: The Department of Community Affairs shall advise the Florida Congressional delegation of the need for and approaches to consolidate all federal disaster assistance programs for wildfire events into a single program. Comments: a. Currently, the State of California used a single funding mechanism to reimburse local and state firefighting efforts for forest fires. They do not use Federal Fire Suppression Grants, instead, use Presidential Disaster Declarations, Category B, and Direct Federal Assistance. 38 b. The current process is burdensome, and it is very difficult to document expenditures for reimbursement purposes. The Committee highly recommends the fire fighting funding process be consolidated into one funding source. c. Precedent has been set by FEMA on consolidation of funding streams through the initiation of the Performance Partnership Agreements, an outgrowth of the National Performance Review I and II initiated by President Clinton for federal streamlining. Recommendation #44: The Department of Community Affairs shall advise the Florida Congressional delegation of the need for and approaches to amend Section 420 of the Robert T. Stafford Act, to include local fire suppression cost reimbursement. Comment: Local reimbursement is not provided for Federal Fire Suppression Grants unless there is a contract between an eligible state entity and a local government that requires reimbursement of costs. Recommendation #45: The Department of Community Affairs shall advise the Florida Congressional delegation and the Federal Emergency Management Agency (FEMA) of the need for and approaches to amend the FEMA regulations to provide that Hazard Mitigation Grant Program funds be calculated on fire suppression costs. Comment: Currently, available funding for hazard mitigation grants is determined by multiplying the total costs for public and individual assistance by 15%. This amount of additional funding can then be used for mitigation projects to reduce future vulnerability to disasters. This is currently not allowed when Fire Suppression Grants are used. This should be changed. Recommendation #46: The Department of Community Affairs and the Department of Agriculture and Consumer Services shall jointly advise the Florida Congressional delegation, the Small Business Administration, and the United States Department of Agriculture of the need for and approaches to revise federal regulations to define standing timber as a crop and to ensure that regulations related to the loss of reimbursement for natural disasters, including wildfires, are consistent in regard to federal reimbursement policies for all disaster crop losses. Comment: 39 Currently, timber is not considered a “crop” until it is harvested and stockpiled. This means that an impacted timber company is not eligible for Small Business Assistance economic loss loans, and any other type of assistance if their forest inventory was destroyed. ISSUE C: STREAMLINING THE REIMBURSEMENT PROCESS The emergency response to the wildfires required dedicated and extended efforts on the part of many volunteer fire departments to protect lives and property. Finally, after weeks of effort on the part of some departments, the situation was brought under control. Because the departments themselves, and the personnel who staff them, are volunteer, it means that there are no readily identifiable methods to recoup their costs for such extended and expensive operations. While normal mutual aid arrangements between local fire departments may or may not identify how costs will be reimbursed, the wildfires of 1998 were far from normal. Many volunteer fire fighters were away from their jobs and lost wages for a long period, while they were often protecting communities other than their own. Private sector organizations, such as timber companies, also provided vitally needed equipment and personnel, under both formal and informal mutual aid arrangements, for fire suppression on other public and private properties. Under current federal disaster relief reimbursement policies, these costs also cannot be compensated unless certain formal restrictions are met. Florida’s wildfire threat is both statewide and permanent. There will always be a need to have the capability to assign resources from volunteer fire departments and private sector organizations to the scene of fires, regardless of property ownership. These generous and critically needed efforts should not economically penalize the individuals and organizations. Recommendation #47: The Department of Community Affairs shall develop a model statewide mutual aid agreement that includes the requirements and provisions for cost reimbursement for costs incurred through mutual aid firefighting efforts for both public and private sector organizations. Comments: a. This model shall include consideration of costs incurred by mutual aid fire fighting efforts, from both public and private sector organizations. b. Currently, FEMA will not reimburse firefighting efforts unless there are pre-existing mutual aid agreements that identify cost reimbursement provisions. Recommendation #48: The Division of Forestry shall establish contractual agreements to cover reimbursement for all costs incurred by private sector entity firefighting efforts on public or other private lands when ordered and deployed by the Division of Forestry. Comment: Private timber company firefighting manpower and equipment is used on a consistent basis by the Division of Forestry. In order to be reimbursed for their costs by FEMA, there must be pre-existing agreements between the industry and DOF. 40 ISSUE D: ENVIRONMENTAL RESTORATION A major recovery-related concern in the aftermath of a major wildfire event is the need to restore areas of the natural environment that were unavoidably impacted by firefighting operations. For example, to reach the fire line, or to prevent the further spread of a fire, it is often necessary create temporary equipment pathways or fire breaks. These efforts, while vitally necessary at the time of the emergency, can cause longer term damage if steps are not taken to restore or rehabilitate these types of impacts, especially in the more vulnerable natural ecosystems. The wildfires demonstrated that actions are needed to facilitate this process. Recommendation #49: The Department of Community Affairs shall coordinate with other state agencies and the water management districts to develop expedited permit and approval processes, including the use of general permits, for areas where such restoration of damages caused by emergency response operations implemented under the purview of an executive order are needed (i.e. wetlands, stream beds, and historic sites). Comment: The same state laws and regulations that have been established to ensure protection of valuable and sensitive resources can interfere with the prompt and effective restoration of the damages that were unavoidable during the response to a wildfire, or for other types of disasters as well. Having a designated state agency to coordinate among regional, state, and federal agencies to expedite the permiting and approval process to enable restoration efforts quickly, while nevertheless continuing to protect the resources from any further damage.