June 2013 Hurricane Sandy Relief Act Includes Changes to Expedite Future Disaster Recovery

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1 June 2013 Hurricane Sandy Relief Act Includes Changes to Expedite Future Disaster Recovery The Disaster Relief Appropriations Act of 2013 (HR 152), signed into law in January, allocated $50.5 billion in supplemental appropriations to federal disaster assistance programs for Hurricane Sandy recovery. It also strengthened the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L as amended) to help states and local governments expedite the recovery process from Superstorm Sandy and other future disasters. The following are several key provisions the Federal Emergency Management Agency (FEMA) is implementing. The Appropriations Act amended the Stafford Act to streamline its hazard mitigation procedures, expediting the allocation of Hazard Mitigation Grant Program (HMGP) funds. FEMA will now be able to provide up to 25 percent of the estimated costs for eligible hazard mitigation measures to a state grantee before eligible costs are incurred. Permanent work grants and debris removal grants, at the option of local applicants, may now be based on fixed estimates, with applicants accepting responsibility for any actual costs above the estimate. While this has the potential to significantly accelerate the distribution of grant funds and reduce administrative costs, it may add some risks for local governments if estimates are incorrect or projects are not carefully managed. Moreover, applicants will be able to retain income from debris recycling without an offset from their grant. The Stafford Act as amended also permits the reimbursement of regular time and overtime salaries for applicants employees performing debris removal work. Previously, only overtime salaries were reimbursable. For further information on changes to the Stafford Act, FEMA, the Congressional Research Service and the Library of Congress have resources to assist you. To read the Sandy Recovery Fact Sheet provided by FEMA s Online Library, go to For access to the Congressional Research

2 Service s analysis of the Sandy Recovery Improvement Act, please visit To read the full text of the Disaster Relief Appropriations Act of 2013 (P.L ), go to the Library of Congress website at House Passes Homeland Security Appropriations Legislation The House of Representatives June 6 passed Homeland Security Appropriations legislation that provides $1.5 billion for state and local programs, including the State Homeland Security Grant Program, Urban Area Security Initiative, Operation Stonegarden, public transportation and railroad security assistance and the Citizen Corps. The Department of Homeland Security Appropriations Act of 2014 (HR 2217) would allocate $6.2 billion to the Disaster Relief Fund and $235 million to Regional Catastrophic Preparedness Grants. The National Predisaster Mitigation Fund would receive $22.5 million. The National Flood Insurance Fund and the Flood Hazard Mapping and Risk Analysis Program would receive $176.3 million and $95.2 million, respectively. The bill, which was approved by a vote of , has been referred to the Senate for consideration. DHS Announces FY 2013 Preparedness Grants The Department of Homeland Security announced that approximately $1.5 billion was allocated to fiscal year (FY) 2013 Preparedness Grant programs which will aid states, urban areas, tribal and territorial governments, non-profit agencies and the private sector. The FY13 grants aim to strengthen the nation s efforts to build and sustain an integrated network of national capabilities to help strengthen the nation against terrorist attacks, natural disasters, and other threats. This year s grant funding focuses resources on achieving the core capabilities outlined in the National Preparedness Goal related to prevention, protection, mitigation, response and recovery. The following grant awards include: Homeland Security Grant Program (HSGP): $968 million allocated to states and urban areas. Within the HSGP, $354 million was allocated to the State Homeland Security Grant Program to support the implementation of states homeland security strategies; and $559 million was allocated to the Urban Area Security Initiative to enhance regional preparedness in 25 high threat, high density areas. Emergency Management Performance Grants: $332 million to assist state and local governments in all-hazards emergency management capabilities. Tribal Homeland Security Grant Program: $10 million to eligible tribal nations to implement preparedness initiatives.

3 Intercity Passenger Rail: $9 million to protect surface transportation and the Amtrak rail system. Transit Security Grant Program: $83 million to owners and operators of transit systems to protect surface transportation. National Special Security Grant Program: $4 million to states and local governments for costs associated with proving emergency management, public safety and security during preparation and conduct of a National Special Security Event. For additional information, go to FEMA Releases 2013 National Preparedness Report The Federal Emergency Management Agency (FEMA) has released the 2013 National Preparedness Report which reflects the ongoing progress over the past year to enhance the nation s resilience against acts of terrorism, cyber-attacks, manmade hazards, pandemics and natural disasters. The report was developed to meet the requirements of Homeland Security Presidential Policy Directive 8 and identifies 65 findings that highlight national areas of strength and areas for improvement. The report highlights the following areas of national strength for 2013: Interagency planning with federal partners, nationwide adoption of the National Incident Management System, increased intelligence and information sharing and improved national operational communications. Moreover, the report indicated that the nation has strengthened its cybersecurity and recovery-focused capabilities and better integrated the needs of individuals with disabilities into state emergency operations plans. The 2013 National Preparedness Report also disclosed two new areas for improvement: to improve public-private partnerships and to enhance the physical and cyber resilience of infrastructure systems. To access the National Preparedness Report, go to:

4 Senate Passes Farm Bill The Senate June 10 passed a five-year Farm Bill (S 954) authorizing agricultural, environmental and community assistance programs through fiscal year The bill would spend $955 billion over 10 years, saving $24 billion over the same period by eliminating or consolidating hundreds of agriculture programs. The vote was The Senate passed the bill after two weeks of deliberation, considering only several of the 200 amendments that were offered. In 2012, APWA supported an amendment sponsored by Senator Sherrod Brown (D-OH) that restored $150 million in funding for the Rural Development Title of the Farm Bill. That level of funding was retained in this bill. The Rural Development Title authorizes programs such as the Water, Waste Disposal and Wastewater Facility Grants and Loans program and the Rural Business Development Grants program. The Water, Waste Disposal and Wastewater Facility Grants and Loans program provides grants and loans to public agencies for projects that support water treatment in rural communities. Additionally, the Farm Bill creates two new conservation programs, one of which is the Regional Conservation Partnership Program (RCPP), which APWA supported last year as a member of the Healthy Waters Coalition. One of the many initiatives that the RCPP funds is a program that encourages farmers to partner with public works facilities to adopt practices that reduce water pollution which consequentially reduces water treatment costs for nearby cities and towns. On May 15, the House Agriculture Committee passed its version of the farm bill (HR 1947) by a vote of The bill is expected to reach the House floor for a vote in late June. The last Farm Bill was enacted in 2008 and expired in Congress approved a partial extension on January 1 to extend several expired Farm Bill programs. EPA Survey Shows $384 Billion Needed for Drinking Water Infrastructure by 2030 The US Environmental Protection Agency (EPA) released results of its most recent drinking water infrastructure needs survey showing that $384 billion in improvements are needed for the nation s drinking water infrastructure through 2030 for systems to continue providing safe drinking water. EPA s fifth Drinking Water Infrastructure Needs Survey and Assessment identifies investments needed over the next 20 years for thousands of miles of pipes and thousands of treatment plants, storage tanks and water distribution systems, which are all vital to public health and the economy. The national total of $384 billion includes the needs of 73,400 water systems across the country, as well as American Indian and Alaska Native Village water systems. For more information, visit:

5 EPA Misses 6 th Deadline to Propose Revisions to Stormwater Program The US Environmental Protection Agency (EPA) missed its sixth deadline to propose revisions to the national stormwater program and is currently negotiating a new deadline with the Chesapeake Bay Foundation (CBF). EPA had initiated a national rulemaking in 2009 to establish a comprehensive program to reduce stormwater discharges from newly developed and redeveloped sites after reaching a settlement with the CBF in a lawsuit over the Chesapeake Bay TMDL (total maximum daily limit) lawsuit. In May 2010 the agency agreed to issue a proposed rule on performance standards for stormwater runoff at new development and redevelopment sites by June 10, 2013, with a final rule issued in December The CBF has agreed to extend the June 10 deadline for no more than 10 days. During this extension EPA and the CBF will discuss a new schedule for release of the proposed and final rules. Before any proposed rule is published in the Federal Register, it will also need to be reviewed by the White House Office of Management and Budget, which normally has 90 days to complete its review. Senate Republicans recently sent a letter to EPA asking the agency to delay any changes to the national stormwater program, arguing that the planned rulemaking is inconsistent with the Clean Water Act because EPA has not met a CWA requirement to prepare stormwater discharge studies that serve as the scientific support for its stormwater regulations and report to Congress on the results of those studies. EPA has not responded to this request yet. APWA is actively engaged on this issue and will continue to follow the progress of EPA in the development of the new rule. To learn more about the potential changes to the stormwater program, please visit DOT Advisory Committee to Recommend Freight System Improvements U.S. Transportation Secretary Ray LaHood has appointed a National Freight Advisory Committee to provide advice and recommendations aimed at improving the national freight transportation system. The Advisory Committee comprises 47 voting members from outside the US Department of Transportation (USDOT) with various perspectives on freight transportation and representing various modes of transportation, geographic regions and policy areas. Freight customers and providers, labor representatives, safety experts and government entities are represented as well. Members will serve two-year terms and meet at least three times per year. Information about meetings will appear in the Federal Register. MAP-21 established a national freight policy and called for the creation of a National Freight Strategic Plan. By engaging stakeholders representing diverse interests, the Advisory Committee will provide recommendations on how USDOT can improve its freight transportation policies and programs.

6 IG Reports USDOT May not Complete All MAP-21 Project Streamlining Provisions by Deadlines A report by the US Department of Transportation (USDOT) Inspector General (IG) reveals USDOT faces challenges to complete all MAP-21 required project streamlining rulemakings within the statutorily set dates. MAP-21 includes a number of provisions to expedite project delivery, such as accelerated decision-making and expanded use of categorical exclusions. The law requires the IG to evaluate steps USDOT is taking to implement them and report to Congress. The IG assessment points out that USDOT developed a plan with 42 actions to meet the requirements. While most of the actions are in progress, the department has completed five. These actions mostly involve environmental issues that occur during the planning and design phase of highway and transit projects. In the first month that MAP-21 went into effect, the report notes, USDOT issued guidance in the form of questions and answers on a wide range of topics and a proposed rulemaking on using categorical exclusions to expedite projects after disasters. Many of the rulemakings require coordination with other agencies, which typically extends the timeframe, and USDOT is already experiencing delays with some mandated rules. The IG s assessment was presented to Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee. Presidential Memo Calls for Plan to Modernize Project Delivery Regulations President Obama last month signed a Presidential Memorandum aimed at reducing the time it takes to review and approve major infrastructure projects. The memorandum directs a steering committee, established last year by executive order, to identify and prioritize opportunities to modernize key regulations, policies and procedures to reduce aggregate project review and permitting time and then prepare a plan for comprehensive modernization of federal review and permitting processes. The steering committee is to identify action plans and timelines to expand best practices, revise regulations and policies, create efficiencies such as concurrent reviews and expand coordination, among other steps. Agencies involved in the effort include US Department of Transportation, Environmental Protection Agency, Council on Environmental Quality, Department of Defense and others. Infrastructure sectors include surface transportation, aviation, ports, water resources projects, stormwater infrastructure and others. A copy of the memorandum is posted at

7 APWA Testimony Urges Action to Address Bridge Deficiencies APWA President Elizabeth Treadway called on Congress to take immediate action to increase investment to repair and replace deficient bridges and other deteriorating transportation infrastructure in a statement submitted for a Senate hearing on the recent bridge collapse in Washington State and the condition of the nation s infrastructure. Sen. Patty Murray (D-WA), chair of the Senate Transportation Appropriations Subcommittee, conducted the hearing June 13. Witnesses included senior US Department of Transportation, Federal Highway Administration and Government Accountability Office officials. President Treadway s statement noted that more than one-quarter of local bridges are rated deficient and that local governments ability to fund necessary bridge improvements has eroded over the years. The statement called on Congress to provide long-term, sustained and sustainable funding for bridges and other transportation infrastructure. Senate Panel Approves Nomination of Anthony Foxx to be Next USDOT Secretary The Senate Commerce, Science and Transportation Committee June 10 unanimously approved the nomination of Charlotte, NC Mayor Anthony Foxx to be the next US Transportation Secretary. The full Senate may hold a confirmation vote before the end of June, but the timeline could slip into July. The nomination is not considered controversial. In announcing the nomination in May, President Obama credited Foxx, who became Mayor in 2009, with bringing jobs and economic growth to the city as a result of some of the largest transportation investments in the city s history. Foxx will replace Ray LaHood, who announced earlier this year he intended to step down as Secretary of Transportation but would stay in the job until his successor was sworn in. The Secretary of Transportation leads an agency of more than 55,000 employees and a $70 billion budget and oversees air, maritime and surface transportation missions. Prior to serving as mayor, Foxx was a member of the Charlotte City Council and practiced law. He also worked for the Civil Rights Division of the Justice Department.

8 Demand for TIGER Grants Remains Strong The US Department of Transportation reported that strong demand for TIGER (Transportation Investment Generating Economic Recovery) grants continued as the number of applications in the latest round has surpassed available funding. Applications for TIGER 2013 grants totaled more than $9 billion, far exceeding the $474 million set aside for the program. The Department received 568 applications from all 50 states, the District of Columbia, Puerto Rico, Guam and American Samoa. Like the first four rounds, TIGER 2013 grants are for capital investments in surface transportation infrastructure and will be awarded on a competitive basis. This is the fifth round of TIGER funding. The previous four rounds of the TIGER program provided $3.1 billion to 218 projects in all 50 states, the District of Columbia and Puerto Rico. During the previous four rounds, the Department of Transportation received more than 4,050 applications requesting more than $105.2 billion for transportation projects across the country.