Public TransportationEmergency Relief

Program &Hurricane Sandy

August 2013

Agenda

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• FTA’s New Authority under the Public Transportation Emergency Relief Program (49 USC 5324)

• FTA’s Efforts in response to Hurricane Sandy

• Disaster Relief Appropriations Act of 2013 (Pub. L. 113-2)

• Defining Resiliency

• Next Steps

• Questions

Emergency Relief Program

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• Authorized by MAP-21

• Codified at 49 U.S.C. 5324

• Framework for awarding special federal assistance to public transportation systems affected by an emergency or disaster

• Law required Memorandum of Agreement with FEMA

• Grants are subject to the Terms and Conditions, as determined by the Secretary

• 5307 and 5311 funds can be used under these terms

• Eligible projects include operating and capital expenses

Emergency Relief Program• Interim Final Rule issued March 29, 2013

• Aligns closely with FHWA ER rule, 23 CFR part 668

• Comment period closed May 28, 2013

• Interim final rule (IFR) applicable to all future emergencies, not just Hurricane Sandy

• Eight comments received

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Emergency Relief Program

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• Requires either Presidential declaration of emergency or Governor declaration and DOT Secretarial approval

• Emergency: A natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm or landslide) or a catastrophic failure from any external cause, as a result of which:

(a) the Governor of a State has declared an emergency and the Secretary of Transportation has concurred; or

(b) the President has declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

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Emergency Relief Program• Eligible operating costs

C Evacuation, rescue operations, temporary public transportation service, reestablishing, expanding, or relocating public transportation service before, during or after an emergency

C Eligible for up to one year after the date of declaration, or two years if FTA finds there is a “compelling need”

C 80 percent Federal shareC All geographical areas eligible for operating

assistance

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Emergency Relief Program

• Eligible capital projects– To protect, repair, reconstruct, or replace

equipment and facilities of a public transportation system that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage as a result of an emergency

– Includes emergency protective measures– Includes resiliency projects

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Emergency Relief Program• Resilience/Resiliency. A capability to anticipate,

prepare for, respond to, and recover from significant multi-hazard threats with minimum damage to social well-being, the economy, and the environment.

• Resiliency Project. A project designed and built to address future vulnerabilities to a public transportation facility or system due to future recurrence of emergencies or major disasters that are likely to occur again in the geographic area in which the public transportation system is located; or projected changes in development patterns, demographics, or extreme weather or other climate patterns

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Emergency Relief Program

• Ineligible activities– Lost revenue– Projects for which funds were obligated in a

grant prior to the emergency– Projects for which the recipient has received

insurance proceeds– Projects funded by other Federal agencies– Heavy maintenance

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Emergency Relief Program

• Grants are subject to the terms and conditions the Secretary determines are necessary– In general, all requirements apply – FTA Administrator may determine, based on

the circumstances of a specific emergency, that some requirements are inapplicable within the first 45 days after an emergency

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Emergency Relief Program

• Waivers of requirements– Emergency relief docket – 49 CFR part 601– Allows affected recipients to request waivers

from requirements– Allows other interested stakeholders to view

the request for a waiver and comment– Provides consistency in responses– Three day review period

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Emergency Relief Program

• Next Steps – Issue Final Rule – Develop and Publish a Program Manual – Educate regions, states, and transit agencies

on program guidance – Continue partnering with FEMA– Continue allocating and overseeing the

Disaster Relief Appropriations (Hurricane Sandy appropriations)

Hurricane Sandy

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Hurricane Sandy

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FTA’s Efforts for Hurricane Sandy

• FTA and contracted engineering firms worked with affected agencies to review comprehensive damage assessments; funded through a mission assignment with FEMA. Assessments identified: – $5.8 billion for emergency repair, reconstruction and replacement– $10.1 billion in potential mitigation and resiliency improvements to

existing assets (protecting & elevating systems, upgrading technology) identified as of February 28, 2013. Transit agencies have continued to identify additional potential project since that period.

• Examples of damage include:– Flooded tunnels, stations & rail yards– Washed out surface rail lines– Destroyed vehicles and equipment (substations, switches, controls)

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Disaster Relief Appropriations Act of 2013

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• Signed by President Obama on January 29, 2013 • Appropriated $10.9 Billion for FTA’s Emergency Relief Program

• $2 billion to be allocated by March 30th (60 days from January 29th)

• $8.9 billion upon Interim Final Rule and Memorandum of Agreement with FEMA

• $6 million for oversight by DOT’s Office of the Inspector General

• 0.75% set-aside for administration and program management oversight

• $545 Million unavailable due to sequestration

• Funds are for specific areas (counties) in 12 States designated as disaster areas for Hurricane Sandy: http://www.fema.gov/disasters

Disaster Relief Appropriations Act of 2013

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• February 6: Issued a Notice of Availability for Emergency Relief funding (for first $2B)

• March 4: Signed the FEMA MOA• March 29: Issued the IFR • March 29: Allocated Initial $2B to affected recipients

• $600M for specific response and recovery expenses (in response to NAERF)

• $1.4B on pro-rated basis for eligible recovery/rebuilding expenses; projects to be identified at time of grant application

• May 29: Allocated Additional $5.7B• $2.4B on pro-rated basis for eligible recovery/rebuilding responses

• $1.3B on pro-rated basis for eligible local priority resiliency projects

Defining Resiliency

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• Projects and project components designed and built to address future vulnerabilities due to future recurrence of emergencies or major disasters that are likely to occur again in a geographic area

• Specific resiliency projects and improvements should be identified in relationship to the identified vulnerabilities of the transit system to future disasters

• Local priority resiliency funding intended for local priority improvements that can be implemented in tandem with restoration and recovery projects; as well as lower cost stand-alone projects that can be implemented relatively quickly

• FTA pre-approval required for local priority resiliency

• More to come in terms of guidance and analysis; competitive resiliency

Next Steps

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• Continue staffing a Sandy Recovery Office in Region 2 • Continue working with affected recipients to identify and

approve (resiliency only) specific projects for the pro-rated allocations made to date

• Provide guidance for applying insurance proceeds • Implement additional oversight tools, in addition to

existing oversight framework • Maintain the frequent and recurring dialogue with FEMA • Establish a competitive resiliency program and solicit

projects

Challenges

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• Implementing a new ER program, while implementing DRAA/Hurricane Sandy program

• Size of DRAA/Hurricane Sandy program calls for increased oversight

• Technical areas that need further development/guidance:• Flood plain management • Insurance policies and proceeds • Resiliency projects

• ER Program is currently unfunded, should another disaster hit

Contact Information

• General Program Questions: Adam Schildge; adam.schildge@dot.gov; 202-366-0778 Bonnie Graves; bonnie.graves@dot.gov; 202-366-0944

• Additional Resources & Information: www.fta.dot.gov/emergencyrelief

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