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H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 Workshop 3: FEMA Public Assistance Alternative Procedures AGENDA: UPDATES FROM THE FIELD OVERVIEW OF THE SANDY RECOVERY IMPROVEMENT ACT POLICY CHANGES AND PROGRAM IMPLEMENTATION LOCATION: H-GAC CONFERENCE ROOM A 3555 TIMMONS LANE HOUSTON, TX TIME: 8:30 A.M. TO 12:30 P.M. REFRESHMENTS WILL BE PROVIDED.

H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

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Page 1: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

H-GAC 2014 Disaster Debris Workshop Series

July 24, 2014

Workshop 3: FEMA Public Assistance Alternative Procedures

AGENDA:

UPDATES FROM THE FIELD

OVERVIEW OF THE SANDY

RECOVERY IMPROVEMENT ACT

POLICY CHANGES AND PROGRAM

IMPLEMENTATION

LOCATION: H-GAC CONFERENCE ROOM A 3555 TIMMONS LANE HOUSTON, TX

TIME: 8:30 A.M. TO 12:30 P.M.

REFRESHMENTS WILL BE PROVIDED.

Page 2: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

AGENDA

• Introductions and Purpose

• In Debris News

• Changes to Federal Disaster Assistance Policies

• Break

• Changes to the FEMA Public Assistance Program

• Break

• Top Ten Take-Aways

• Questions/Adjourn

2

Page 3: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

Part 1: Introduction and Purpose

Page 4: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FACILITATORS

Donald Kunish

– Most recently served on the Disaster Assistance Team in Boulder County,

Colorado for the front range floods in 2013

– Managed major debris removal projects and served as a technical advisor

on disaster assistance grants throughout the country for 15 years

– Lead the State of Florida Emergency Response Commission

4

John Buri

– Supported debris management operations in every BDR division disaster

response since 2004 throughout the country.

– Assisted municipalities throughout the state with debris management

programs during Hurricane Ike, Hurricane Alex, and the wildfires in

Bastrop, Texas.

– Serves as the debris program manager for H-GAC

Page 5: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

PARTICIPANTS

5

• Name

• Agency

• Position/role in disaster

debris management

Page 6: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

Remembering Hurricane Ike

Page 7: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

CHANGES SINCE HURRICANE IKE

2008 • Everyone’s rollerball was

jammed in their Blackberry.

• Leona Lewis was at the top

of the charts with “Bleeding

Love”.

• LOST was creeping out

viewers during primetime.

• “Tebowing” became a verb.

7

Page 8: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

8

2014 • What’s a Blackberry? • #OneDirection was

trending on twitter last night.

• Naked and Afraid is creeping out viewers during primetime.

• Tim Tebow is commentating for the SEC Network.

CHANGES SINCE HURRICANE IKE

Page 9: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

PURPOSE • Discuss the changes to the federal

disaster assistance program.

• Discuss the impacts of the Sandy

Recovery Improvement Act.

• Discuss how to maximize the

benefits of the new program

options.

• Provide strategies to adapt to the

inevitable changes in disaster

debris program management.

9

Page 10: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

Part 2: In Debris News

Page 13: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

Where are we today?

Courtesy of Weather Underground

Page 14: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

• Recently released debris

guidance: • Disposing of debris

• Applicability

• Disaster declarations

• Sorting and staging

• Debris management sites

• Burning options

• Disposal of C&D

• Disposal of HHW

• Animal Carcasses

Handout 1

14

Page 15: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

• Guidance for debris

resulting from fire:

• www.tceq.texas.gov/

goto/wildfire-debris

15

Page 17: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

• Waste Type: Vegetative

• Example: Trees, brush

• Disposal or Burn Options:

• Preferred: Recycle

• Option: Outdoor burn using and

ACI, if possible

• Option: MSW Type I Landfill

• Option: MSW Type IV Landfill if

possible

17

Page 18: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE • Waste Type: Clean Lumber

• Example: Lumber, and similar wood, materials

that have not been painted, stained or

chemically treated

• Disposal or Burn Options:

• Preferred: Recycle

• Option: Outdoor burn using and ACI, if possible

• Option: MSW Type I Landfill

• Option: MSW Type IV Landfill if possible

18

Page 19: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE • Waste Type: Animal Carcasses

• Example: Non-diseased poultry, cattle, domestic animals

• Disposal or Burn Options: • Preferred: On-site burial or mounding

• Preferred: MSW Type I Landfill

• Option: Outdoor burn using an ACI, if possible

• Option: Off-site disposal using a renderer or a commercial waste incinerator

19

Page 20: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE • Waste Type: Animal Carcasses

• Example: Diseased poultry, cattle

• Disposal or Burn Options: Contact the Texas

Animal Health Commission at

www.tahc.state.tx.us

20

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TCEQ REGULATORY GUIDANCE

21

• Waste Type: Household or commercial waste

• Example: Putrescible waste, refuse, rubbish

• Disposal or Burn Options: MSW Type I Landfill

Page 22: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

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• Waste Type: Construction & demolition

• Example: Painted, stained or treated wood

• Disposal or Burn Options:

• Preferred: MSW Type IV Landfill

• Option: MSW Type I Landfill

Page 23: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

23

• Waste Type: Construction &

demolition

• Example: Asbestos containing

debris shingles, siding,

insulation, tiles

• Disposal or Burn Options: MSW

Type I Landfill with Special

Waste Authorization

Page 24: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

24

• Waste Type: Construction & demolition

• Example: Non-asbestos roof shingles

• Disposal or Burn Options:

• Preferred: Fuel source for cement kilns

with appropriate air authorization

• Option: MSW Type IV Landfill

• Option: MSW Type I Landfill

Page 25: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

25

• Waste Type: Construction

and demolition

• Example: Drywall

• Disposal or Burn Options:

• Preferred: MSW Type IV

Landfill

• Option: MSW Type I

Landfill

Page 26: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

26

• Waste Type: White goods, appliances

• Example: Refrigerators, stoves, washers,

dryers, small appliances, etc.

• Disposal or Burn Options:

• Preferred: Recycle

• Option: MSW Type I Landfill

Page 27: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

27

• Waste Type: Household Hazardous Waste

• Example: Cleaning products/paints, solvents

• Disposal or Burn Options: • Preferred: HHW collection

• Option: MSW Type I Landfill

• Option: Permitted HW facility

Page 28: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

28

• Waste Type:

Household

Hazardous Waste

• Example:

Pesticides

• Disposal or Burn

Options: HHW

collection

Page 29: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

29

• Waste Type: Household Hazardous Waste

• Example: Automotive products: oil,

antifreeze, brake fluid, gasoline, etc

• Disposal or Burn Options:

• Preferred: HHW collection

• Option: Registered used oil collector

• Option: Permitted HW facility

Page 30: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

30

• Waste Type: Household

Hazardous Waste

• Example: Batteries

• Disposal or Burn Options:

• Preferred: Recycle (lead-

acid batteries are not

allowed in MSW landfills)

• Option: HHW collection

Page 31: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

31

• Waste Type: Household Hazardous Waste

• Example: Electronics: computers, TVs, etc.

• Disposal or Burn Options:

• Preferred: HHW collection

• Option: Recycle

• Option: MSW Type I Landfill

• Option: Permitted HW facility

Page 32: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

32

• Waste Type: Compressed Gas Containers

• Disposal or Burn Options: Recycle

Page 33: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

TCEQ REGULATORY GUIDANCE

33

• Waste Type: Tires

• Disposal or Burn

Options:

• Preferred: Pick up by

authorized scrap-tire

transporter

• Option: Authorized

processing or end-use

facility

Page 34: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA STRATEGIC PLAN • 2014-2018 Priorities:

Be survivor centric

Become an expeditionary

organization

Posture and capability for

catastrophic disasters

Enable disaster risk

reduction nationally

Strengthen FEMA’s

organizational foundation

34

Page 35: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers
Page 36: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

OFFICE OF INSPECTOR GENERAL CAPPING

REPORT

• Department of Homeland

Security Office of

Inspector General (OIG)

Report

• June 2014

• Audit of HMGP and PA

funds

36

Page 37: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

OFFICE OF INSPECTOR GENERAL CAPPING

REPORT • Department of Homeland

Security Office of Inspector General (OIG) Report

• June 2014

• Audit of HMGP and PA funds from FY 2009 to FY 2013

• $242,604,029 in question

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Page 38: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

PURPOSE

38

• Significant issues and noncompliance:

• Contracting practices

• Insufficient insurance

• Legal responsibility

• Other ineligible costs

OFFICE OF INSPECTOR GENERAL CAPPING

REPORT: RESULTS

Page 39: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

PURPOSE

39

• Establishment of Procurement Disaster Assistance Team

• Provide training

• Develop guidance

• Review applicant procurement policies

• Review applicant procurement actions

• Advise applicants

• Revisit of FEMA policy on insurance

• Establishment of FEMA section dedicated to overseeing,

coordinating, implementing, responding to and

implementing OIG audits

OFFICE OF INSPECTOR GENERAL CAPPING

REPORT: RESULTS

Page 41: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

CLOSEOUTS, AUDITS AND DEOBLIGATION

• City of Tampa, FL • Hurricane Frances,

2004

• Inconsistent or

inaccurate data

• Funding from FHWA

and FEMA

• $561,655

• Livingston Parrish, LA • Hurricane Gustav, 2008

• Lost their second

appeal

• 3-judge panel

• Denied 2nd appeal

• $59 million

Page 42: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

BREAK

Page 43: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

Part 3: Changes to Federal Disaster Assistance Policies

Page 45: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS

• Recent updates to the FEMA 9500 Series Recovery Policy 9525.2 Donated Resources

Recovery Fact Sheet 9580.212 Public Assistance Grant

Contracting

Recovery Fact Sheet 9580.214 Debris Removal on

Federal-Aid Highways

Recovery Fact Sheet 9580.215 Debris Removal Force

Account Labor Costs

45

Page 46: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS

• Recovery Policy 9525.2

Donated Resources

Credit for emergency work:

Volunteer labor

Donated equipment

Donated materials

46

Page 47: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS

• Donated resources are eligible to offset the

non-federal share of eligible Category A and

Category B costs if certain criteria is met.

47

Page 48: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS

• Donated resources must apply to emergency work that has been organized by an eligible applicant under the FEMA Public Assistance program. Donated resources include: • Removal of eligible debris • Filling and replacing sandbags • Donating equipment to raise or reinforce a levee • Donating materials such as rock or sand • Organized search and rescue operation • Professional safety inspections • Mass care and sheltering for disaster survivors

48

Page 49: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS

• Recovery Fact Sheet 9580.212 Public Assistance Grant Contracting Provides information on

frequently asked questions regarding: Procurement policies Contracts Compliance for receiving

grant funding

49

Page 50: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS • Recovery Fact Sheet 9580.212 Public

Assistance Grant Contracting

Applicants must:

Use their own procurement procedures.

Comply with local, state and federal applicable

laws.

Applicant may be subject to enforcement

actions for non-compliance.

50

Page 51: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS • Recovery Fact Sheet 9580.212 Public

Assistance Grant Contracting

Procurement action requirements:

Full and open competition

Cost or price analysis

Contractor ownership preferences

System for managing procurement

Required provisions in procurement actions

(Davis-Bacon Act)

Guarantees and bonds

51

Page 52: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS • Recovery Fact Sheet 9580.212 Public

Assistance Grant Contracting

FEMA recommended best practices:

Use sealed bids

Keep detailed records

Team up – intergovernmental agreements

Lease versus purchase

Use value engineering

Pre-qualify debris contractors

52

Page 53: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS • Recovery Fact Sheet 9580.212 Public

Assistance Grant Contracting

FEMA discouraged practices:

Time and materials contracts except for 70

hour push

Piggyback contracts

53

FEMA preferences pre-qualified

contractors rather than pre-positioned

contracts to ensure pricing is

determined at the time of the disaster.

Page 54: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS • Recovery Fact Sheet 9580.212 Public

Assistance Grant Contracting FEMA prohibited practices: Noncompetitive contracts Cost plus percentage contracts Debarred or suspended contractors Conflicts of interest Duplicating costs Contingency clauses Excessive costs Grantee or subgrantee profit

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Page 55: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS • Recovery Fact Sheet 9580.212 Public

Assistance Grant Contracting Consequences for non-compliance: Temporarily withhold payment or take more

severe enforcement action Disallow all or part of the cost of the activity or

action not in compliance Wholly or partly suspend or terminate the

applicant’s current award Withhold future awards Take other remedies that may be legally

available

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Page 56: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FEMA 9500 SERIES POLICY PUBLICATIONS

• Recovery Fact Sheet 9580.214 Debris Removal on Federal-Aid Highways Provides information on

debris removal from federal-aid highways under the FEMA Public Assistance program.

Explains recent changes to federal funding programs

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Page 57: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

Federal Highway Administration (FHWA)

• FHWA had the primary authority to remove

debris on federal-aid highways under its

Emergency Relief (ER) Program

• FHWA would only address first pass

• FEMA would reimburse for subsequent passes

• Moving Ahead for Progress in the 21st Century

Act (“MAP-21”) signed 7/6/12 changed this

process

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Page 58: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FHWA ER PROGRAM • Conditions for Eligibility

• Governor declares emergency but does not receive a

Presidential declaration.

• The event receives a Presidential emergency

declaration, but FEMA has determined that debris

removal is not eligible for its assistance.

• A Governor’s emergency declaration includes more

counties than the Presidential declaration. FHWA can

participate in debris removal costs for the counties

not included in the Presidential declaration.

58

For additional information on changes as a result of

MAP-21:

http://www.fhwa.dot.gov/map21/qandas/qaer.cfm

For additional information on the FHWA ER Program:

http://www.fhwa.dot.gov/reports/erm/

Page 59: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

FHWA MANUAL • Updated program

manual

• Annoted outline

• Provides guidance for

ER Program

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http://www.fhwa.dot.gov/reports/erm/er.pdf

Page 60: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

• Easy to read and use

• Basic elements of HMA

program

• Guidance for:

• Hazard Mitigation Grant

Program (HMGP)

• Pre-Disaster Mitigation (PDM)

• Flood Mitigation Assistance

Assistance (FMA)

HMGP DIGEST

60

http://www.fema.gov/media-

library/assets/documents/95109

Page 61: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

Part 4: Changes to the FEMA Public Assistance Program

Page 62: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

SANDY RECOVERY IMPROVEMENT ACT • Objectives: Reduce the cost of federal government

assistance Increase the administrative flexibility of the

FEMA Public Assistance program Expedite the process of providing and using the

assistance Create incentives for applicants to complete

projects in a timely and cost-effective manner

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Page 63: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

• Outcomes: Streamlines environmental review process Allows greater flexibility to reduce rebuilding

time and lower costs Reduces debris removal costs Provides flexibility for less expensive housing

options Improves dispute resolutions to avoid cost

overruns Recommendations for reducing costs of future

disasters

63

SANDY RECOVERY IMPROVEMENT ACT

Page 64: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

• Robert T. Stafford Act as Amended April 2013

Defines the requirements for new alternative

procedures

Changes that apply to Section 406 – permanent

work

Addition of Section 428(e)(2) which applies to

Sections 403(a)(3)(A), 407, and 502(a)(5) – debris

removal assistance

Reauthorizes similar authorities to those granted

by the PA Pilot Program

64

SANDY RECOVERY IMPROVEMENT ACT

Page 65: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

• Pilot Programs vs. Permanent Changes

• FEMA was given authority to implement some

changes permanently, and others as pilot

programs:

SANDY RECOVERY IMPROVEMENT ACT

SRIA Program Pilot or Permanent? End Date

PA Alternative Procedures PilotNo Fixed

End Date

Debris Management

Alternative ProceduresPilot June 27, 2015

Cost Recovery of RT

Emergency Work SalariesPermanent n/a

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66

SANDY RECOVERY IMPROVEMENT ACT

PERMANENT

WORK

DEBRIS

MANAGEMENT

Page 67: H-GAC 2014 Disaster Debris Workshop Series July 24, 2014 · 24-07-2014  · •Leona Lewis was at the top of the charts with “Bleeding Love”. •LOST was creeping out viewers

ALTERNATIVE PROCEDURES:

PERMANENT WORK • Alternative Procedures Program Features

Grants based on fixed estimates, with the Subgrantee accepting responsibility for costs above the estimate

Use of surplus funds for hazard mitigation and activities to improve future PA operations

Consolidation of multiple permanent work facilities into a single subgrant

Elimination of the penalty for alternate projects based on fixed-grant estimates

Acceptance of mutually agreed-upon cost estimates prepared by the Subgrantee’s licensed engineer

Use of an expert panel to validate cost estimates with a federal share of $5 million or more

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• Applicable to state, tribal, and local

governments and private non-profit facilities

• Participation is voluntary for each facility

• Applicable to large projects only

• Subgrantee must agree to participate in the

grants based on fixed estimates procedure

before having access to other alternative

procedures.

68

ALTERNATIVE PROCEDURES:

PERMANENT WORK

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• Relationship of elements of the alternative procedures for permanent work

69

Participation is required to access all other permanent project alternative

procedures

ALTERNATIVE PROCEDURES:

PERMANENT WORK

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• Timeline for preparing permanent work fixed estimate subgrants

70

Agreement on the estimate must be reached within nine months.

ALTERNATIVE PROCEDURES:

PERMANENT WORK

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• Subgrants based on fixed estimates

Subgrantee must agree with the Grantee and

FEMA to the following:

Alternate procedures

Fixed amount

Scope

All disputes must be settled before the subgrant

is considered.

Reimbursements are made on actual costs

71

ALTERNATIVE PROCEDURES:

PERMANENT WORK

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• Subgrants based on fixed estimates

Cost estimates will be considered that comply

with the following:

Prepared by an agreed upon professionally

licensed engineer

Properly conducted and certified

Comply with regulations, policy and guidance

Cost estimates are eligible for funding.

Subgrants over $5 million are eligible to be

validated by a FEMA funded independent expert

panel.

72

ALTERNATIVE PROCEDURES:

PERMANENT WORK

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• Consolidation of Fixed Subgrants

Subgrants with fixed estimates can be combined

for traditional recovery or for a “fundamentally

different concept.”

Must be consolidated within 12 months.

Section 406 funds can not be used if a facility is

replaced or relocated.

73

ALTERNATIVE PROCEDURES:

PERMANENT WORK

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• Elimination of the Reduction in Eligible Costs

Under standard procedures, FEMA reduces

eligible costs for alternate projects.

Under the alternative procedures, FEMA will no

longer implement this reduction for subgrants

funded under the pilot program.

Subgrants approved and obligated under standard

procedures are not eligible.

74

ALTERNATIVE PROCEDURES:

PERMANENT WORK

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• Use of Excess Funds

Hazard mitigation activities that will reduce the

risk of damage in future disasters including

facilities not damaged in the declared disaster.

Activities that improve future PA Program

permanent work operations, such as training and

planning for future disaster recovery operations.

Consolidated subgrants, otherwise-eligible PA

Program project activities, such as improved

projects, alternate projects, etc.

75

ALTERNATIVE PROCEDURES:

PERMANENT WORK

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• Addition of Section 428 – Debris Removal

Assistance • Allows for the use of a sliding scale to determine

cost share based on time.

• Allows for the use of program income from recycled

debris.

• Allows for reimbursing base and overtime wages.

• Allows for incentives to have an approved debris

management plan and pre-qualified contractors.

76

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

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Appendix A Public Assistance Alternative Procedures Pilot Program

Debris Removal Acknowledgement

77

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT Handout 2

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• Recent changes to the Pilot Program

• Alternative procedures are available for both

large and small Category A - Debris Removal

projects

• Subgrantees must notify FEMA of intent to

participate in the alternative procedures for

debris removal before obligation of their first

subgrant for debris removal or within 60 days of

the subgrantee's Kickoff Meeting, whichever

occurs earlier.

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

78

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• Sliding Scale • Increased federal cost share for collection, hauling, processing and

disposal within a specified timeline.

79

Debris Removal Completed*

(days from start of Incident

Period)

Federal Cost Share

0 – 30 85%

31 – 90 80%

91 – 180 75%

NO FEDERAL DOLLARS FOR DEBRIS REMOVAL AFTER 180 DAYS

(UNLESS EXTENSION GRANTED)

*Completed when accepted at final disposal site

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

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• Sliding Scale Timeline

80

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

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• Recycling Revenues Retain revenues received

through recycling eligible

disaster debris.

Must provide written

notification to the state

of the revenue.

Cost of recycling

program cannot be

claimed as direct project

cost.

81

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

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• Recycling Revenues May use revenues from recycling to: Meet the cost sharing requirements of FEMA

Public Assistance for debris removal Develop comprehensive disaster preparedness

and assistance plans, programs and capabilities Activities that reduce the risk of future hardship

or suffering from a major disaster Activities to improve future debris removal

operations or planning

82

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

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• Recycling Revenues Activities include:

Developing disaster debris management plans.

Updating or revising existing plans.

Enhancing landfill-management sites.

Installing mechanisms to control disaster debris.

Purchasing equipment that would facilitate sorting, volume

reduction, or removing disaster debris.

Purchasing debris recycling equipment.

Purchasing products to facilitate quantifying disaster debris.

Purchasing onboard weight measurement systems.

Purchasing software systems to assist in tracking trucks,

drivers and routes.

83

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

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• Straight Time Force Account Labor • Reimbursement for base and overtime wages of

existing employees and extra hires.

• Costs calculated based on labor classifications.

• Must track and maintain accurate hourly labor records.

• Procedure can be used with any other alternative

procedure or on its own.

• Procedure can be applied to both large and small

projects.

84

FEMA Force Account Labor Summary Record form (pictured) can be

found at the following link:

http://www.fema.gov/library/viewRecord.do?id=2729

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

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• Debris Management Plans • One-time incentive of a 2 percent

increased cost share.

• Applied to debris removal completed

within 90 days from the start of the

incident period.

• Must have a debris management plan

in place before the date of

declaration of the major disaster.

• Must be provided to FEMA for review

within 10 days from the date of

declaration.

• Feature can be used with any other

feature or on its own.

85

ALTERNATIVE PROCEDURES:

DEBRIS MANAGEMENT

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• Debris Management Plans Should Include: • Debris management overview

• Events and assumptions

• Debris collection and removal plan

• Debris disposal locations and Debris Management Sites

• Debris removal on private property

• Use and procurement of contracted services

• Use of force account labor

• Monitoring of debris operations

• Health and safety requirements

• Environmental considerations and other regulatory

requirements

• Public information

86

ALTERNATIVE PROCEDURES:

DEBRIS REMOVAL

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http://www.fema.gov/alternative-procedures 87

ALTERNATIVE PROCEDURES:

RESOURCE PAGE

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NORMAL VS ALTERNATIVE PROCEDURES: EXAMPLES

• 75% Federal | 25% Local Cost Share

• 12 Week Response

• 72 Hour Weeks (12 hours a day for 6 days a

week)

• $25 per hour (including fringe)

88

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Normal Procedures for One Responder

89

Hours Cost Local Share

Straight Time 480 $12,000 $12,000

Overtime 384 $14,400 $3,600

Total Cost $26,400

Cost After Federal Reimbursement $15,600

Hours Cost Local Share

Straight Time 480 $12,000 $3,000

Overtime 384 $14,400 $3,600

Total Cost $26,400

Cost After Federal Reimbursement $6,600

Alternative Procedures for One Responder

Total savings

of $9,000

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Normal Procedures for 20 Responders

90

Hours Cost Local Share

Straight Time 9600 $240,000 $240,000

Overtime 7680 $288,000 $72,000

Total Cost $528,000

Cost After Federal Reimbursement $312,000

Hours Cost Local Share

Straight Time 9600 $240,000 $60,000

Overtime 7680 $288,000 $72,000

Total Cost $528,000

Cost After Federal Reimbursement $132,000

Alternative Procedures for 30 Responders

Total savings

of $180,000

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Normal Procedures Using Sliding Scale

91

Hours Cost Local Share

Straight Time at 85% 5600 $140,000 $140,000

Straight Time at 80% 4000 $100,000 $100,000

Overtime at 85% 2560 $96,000 $24,000

Overtime at 80% 5120 $192,000 $48,000

Total Cost $528,000

Cost After Federal Reimbursement $312,000

NORMAL VS ALTERNATIVE PROCEDURES: EXAMPLES

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Alternate Procedures Using Sliding Scale

92

Hours Cost Local Share

Straight Time at 85% 5600 $140,000 $21,000

Straight Time at 80% 4000 $100,000 $20,000

Overtime at 85% 2560 $96,000 $14,400

Overtime at 80% 5120 $192,000 $38,400

Total Cost $528,000

Cost After Federal Reimbursement $93,800

NORMAL VS ALTERNATIVE PROCEDURES: EXAMPLES

Total savings

of $218,200

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BREAK

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Part 5: Changes to Operations in the Field

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Engage the whole community in preparedness and recovery.

95

#10

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Keep good records in multiple formats in multiple locations.

96

#9

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Understand the financial benefits and program changes of the Public Assistance Alternative Procedures.

97

#8 Total savings

of

$$,$$$,$$$

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Know and understand federal procurement policies. Don’t rely on others to know.

98

#7

“…we observed instances where FEMA

personnel provided incomplete and,

at times, inaccurate information to

Public Assistance applicants regarding

Federal procurement standards.” – Office of Inspector General, Department of

Homeland Security, February 2014.

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Meet with your vendors before a disaster.

99

#6

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Identify and submit DMS sites to TCEQ.

100

#5

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Have a plan, train your staff, be prepared.

101

#4

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Anticipate staff turnover and changes with contractors.

102

#3

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TOP 10 END OF THE SEASON TAKE-

AWAYS

Prepare for the unlikely scenario • West Texas Fertilizer Plant

• Bastrop Wildfire

• South Carolina Ice Storm

103

#2

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TOP TEN END OF THE SEASON TAKE-

AWAYS

104

Things change.

#1

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Part 6: Questions/Adjourn

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Questions?

106

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Participant Feedback Forms

107

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Contact Information

John Buri Director of Post-Event Programs, Leidos

(713) 737-5763

Donald Kunish Client Services Manager, Leidos

(407) 790-9288 108