灾后恢复财政系统

ABAG Earthquake and Hazards Program

Local and Regional Disaster Recovery Planning Issues Paper

Financing Disaster Recovery –

The Problem Is… What Can Be Done?

Two years after Hurricane Katrina, Cities and counties can take four simple steps – NOW – before New Orleans is still trying to recover in any disaster – to ensure that money moves more smoothly the face of near bankruptcy. after a disaster and potentially adding millions of dollars for recovery. While FEMA will eventually provide (1) Modify the purchasing and contracting portion of the funds to local governments to help Municipal Code to allow the city manager (or county them repair damage to their own administrator) to make emergency purchases. buildings and infrastructure, this

process can take from months to (2) Adopt a repair and reconstruction ordinance to make sure years. If not careful, the local that the city or county receives public assistance dollars from government may only receive funds to FEMA after disasters that will not only repair buildings repair the facilities, not build mitigation damaged in the community to their pre-existing condition, but or resistance to future disasters into also repair them to a standard that reduces the likelihood of that process. future damage in a flexible, cost-effective, manner.

Damaged housing and downtown

areas can take years – if not decades

– to rebuild. When homes and

businesses are destroyed, cities and

counties loose property tax revenues,

along with revenues from real estate

transfer taxes, business licenses, and

utility consumption taxes, for years.

New Orleans was forced to lay off

critical City staff as they are struggling

to rebuild because of lack of

revenues. And cities and counties

may also have existing ordinances

which require particular procedures

for bidding for contractual services.

Damage to Sonoma County Courthouse in 1906

Imagine recovering from a disaster

the size of Katrina with reduced

city and county revenues!

(3) Prepare for the claims reimbursement process by: - Designating the organization in the local government responsible for tracking claims, the status of reimbursements, and interfacing with various state and federal government agencies. - Formulating documentation procedures. FEMA requires meticulous paperwork of all expenditures for which the local government expects reimbursement.

- Preparing for delays in reimbursement. FEMA Public

Assistance is not the same as insurance in that it requires local

governments to fund initial repairs before the reimbursement

funds begin to flow.

- Pre-planning for coordination with special districts within

your jurisdiction during the claims reimbursement process.

(4) Have either an annex to the ABAG multi-jurisdictional Local Hazard Mitigation Plan (LHMP) that has been approved by Katrina Damage to Transportation from Flooding FEMA, or a “stand alone” LHMP adopted as part of the safety element of its General Plan. Then the jurisdiction to be eligible

for additional FEMA funds. January 22, 2008 1

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MORE INFO – MORE INFO – Authorize Emergency Purchases Adopt a Repair and Reconstruction

Ordinance Several Bay Area cities and counties have

changed their municipal codes to allow for

emergency purchases.

For example, in San Jose, the Municipal

Code reads:

4.12.145 Emergency purchases by city

manager. In case of a public emergency involving the threatening of lives, property or welfare of the people of the city or the property of the city, until the next meeting of the council, the city manager may purchase supplies, materials or equipment without formal bidding,

as formal bids would be an "idle act" in such an emergency, and may contract for general services which the city manager deems necessary for the purpose of meeting such emergency. For the purpose of meeting such

emergency, the city manager may expend any unencumbered moneys in the emergency reserve fund, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise

unavailable therefor.

Local governments need to adopt a repair and reconstruction ordinance to ensure that they receive public assistance dollars from FEMA after disasters that will not only fix buildings damaged in their community, but also fix them to a higher standard, thereby increasing mitigation efforts. The California Building Officials (CALBO) has developed a model ordinance for repair and reconstruction to help fulfill this objective. While FEMA has requested that any reference to the possibility of these ordinances helping cities qualify for more post-disaster public assistance be removed from the model ordinances, that is still (obviously) one of the intents. The “catch” is that local governments must enforce the ordinance “uniformly” before disasters occur to maximize eligibility for Public Assistance. This means that the ordinances must be applied to all damaged buildings, regardless of source of the damage (i.e. quake, flooding, fire, a bus going through the building, etc) and regardless of whether it is a publicly- or privately-owned building. More on the “back and forth” between CALBO and FEMA is included in the Preface to the model ordinance documents (link below).

At the first City Council or Board of

Supervisors meeting held after a disaster,

the Council/Board may want to allow for

specific suspension of normal contracting

procedures for a limited period allowing for

emergency debris removal and other

necessary acts. Between July 1, 2007 and January 1, 2008, local governments have a window to develop and adopt local amendment packages to supplement the 2007 California Building Standards Code. CALBO is recommending that the second of their two model ordinances be included in that package of local amendments that are at the ultimate discretion of each city council and board of supervisors. (The first model ordinance is for the 2001 building code - a

code that is about to expire and thus the usefulness of adopting an amendment to that code is limited.) The model ordinances are at the following link:

ABAG staff recommends that you work with your building department and others IMMEDIATELY to ensure that the second of these model ordinances is adopted by your City Council or County Board of Supervisors prior to the January 1, 2008 deadline.

The City of Oakland worked with insurance

companies

and FEMA after the October 1991 East Bay Hills

Firestorm

to contract with a single firm for debris clean-up,

thereby allowing for the debris to be completely

removed by June 1992.

In addition, local governments should conduct an inventory of their public facilities that clearly documents the “condition” of those facilities, and should develop a process for regularly updating this information. Many claims are denied because FEMA Public Assistance will replace to “pre-existing conditions.” Without documentation, the debates about the pre-existing condition can be extensive.

2January 22, 2008

MORE INFO – MORE INFO –

Prepare for the Claims Reimbursement ProcessAdopt the Local Hazard Many local governments think of FEMA Public Assistance as a Mitigation Plan as Part of Local form of “insurance” for public facilities. This is a myth that can Seismic Safety Element cause local governments both money and time during the

recovery process.

Local governments should designate the person and

department in the local government responsible for oversight

and management of the FEMA Public Assistance process,

including tracking claims, the status of reimbursements, and

interfacing with various state and federal government

agencies. This may be the Finance Manager, the Assistant

City Manager, or the City Manager. That person needs to

regularly interface with the other city or county departments,

particularly police, fire, building, public works, and risk

management. The local Office of Emergency Services or Fire

Department is typically NOT the appropriate place for this

function. Federal law (the Disaster Mitigation Act of 2000 or DMA 2000) requires that local governments have either an annex to the ABAG multi-jurisdictional Local Hazard Mitigation Plan (LHMP) that has been approved by FEMA, or a “stand alone” LHMP for the jurisdiction to be eligible for FEMA mitigation funds after disasters. New state law (AB 2140, 2006 – Hancock) provides an additional financial incentive for local governments who have adopted either of these types of LHMPs into the Seismic Safety Element of their General Plan, typically as an

The department responsible for tracking claims should develop “implementation appendix” to the Safety

Element. documentation procedures well before the disaster strikes. FEMA requires meticulous paperwork of all expenditures for After a disaster, Public Assistance which the local government expects reimbursement. This costs are typically split 75% federal-25% documentation should also clearly document pre-existing state-local. The 25% state share is then conditions if the city or county does not have the repair split 75% state – 25% local. This new ordinance discussed above. Without documentation, the state law (Govt. Code Sec. 8685.9) debates about pre-existing conditions can be extensive. For allows the state share to be up to the full example, after Hurricane Katrina, New Orleans has had 100% with no 25% local match providing difficulty getting repairs to its damaged streets paid for out of two conditions are met: FEMA Public Assistance funds due to their poor condition prior (a) the local agency is located within a to the hurricane. The documentation may be most city, county, or city and county that has appropriately handled by the Risk Manager or Public Works adopted a local hazard mitigation plan in Director. accordance with federal DMA 2000 as

Cities and counties need to have a special fund for emergency part of the safety element of its

General Plan and repairs because FEMA Public Assistance is not the same as (b) the state legislature passes special, insurance in that it requires local governments to fund initial disaster-specific legislation waiving the repairs before the reimbursement funds begin to flow. Cash local share (something that the flow is a major recovery financing issue, as local sales and legislature has done for virtually every property tax revenue are instantly affected by a disaster.

federal major disaster declaration since Also, local governments need to consider how other public 1983) agencies (i.e. school districts, utility districts, non-profit Thus, a local government could agencies that provide social services) fit into the local potentially save 25% of 25% - or 6¼% of claims/reimbursement management process. A local the cost of Public Assistance. Most Bay government’s recovery can be significantly hampered by

delays in claims, or denials of claims, for other agencies within Area local governments who adopted an

annex to the regional multi-jurisdictional its jurisdictional boundaries. For example, if the sewer and Local Hazard Mitigation Plan noted that water districts aren’t reimbursed for damage, then the city

might go ahead with street repairs in neighborhoods that don’t they planned to adopt their annex as part yet have fully operational utilities and the streets might have to of the safety element. It is financially be torn up twice or even three times to make the repairs later. important for all local governments to

actually do this as soon as possible.

January 22, 2008 3

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NEXT STEPS FOR ABAG –

Based on the discussion at the Regional Planning Committee meeting in

December 2007, ABAG is committed to taking several steps, as indicated below.

ROLE FOR

REGIONAL

COORDINATION ABAG needs to develop and maintain a regional “scorecard” of the best practices related to disaster recovery financing described in this document, together with those local governments who have taken the recommended steps. This

information is being collected by ABAG using a survey of local government

finance, building, planning, and emergency management departments.

ABAG is committed to developing and maintaining a website containing links to

background documents and presentations provided to ABAG’s Regional Planning

Committee related to recovery. That website is

http://quake.abag.ca.gov/recovery.

ABAG is a provider of technical assistance, not an additional layer of government related to the transfer of federal Public Assistance funds. As such, ABAG is working to obtain funding to develop a Recovery and Reconstruction Manual based on the planning guidance document developed in 1991 by the California Office of Emergency Services. This document should include both a model local recovery plan, as well as explicit descriptions of the role of ABAG, MTC, and other regional agencies in coordinating disaster recovery.

ADDITIONAL

IDEAS FOR

ABAG

ASSISTANCE IN

HELPING WITH

MONEY FLOW ABAG has two existing service programs that are potentially related to financial issues after disasters – the ABAG PLAN liability insurance pool and ABAG Financial Services. Both programs are viewed as essential contributors to the toolbox of regional financial recovery strategies. ABAG PLAN is considering how it might offer set of recommended procedures for documenting “existing conditions” – particularly streets, sidewalks, sewer lines,

and government buildings. The existing program to systematically videotape

existing sewer lines is an excellent example. Such tools are essential in

obtaining Public Assistance.

ABAG PLAN is also considering the potential role of pooled government “revenue

interruption insurance” after a disaster and any appropriate role for ABAG.

ABAG Financial Services is investigating the use of various types of bonds and

the role of bond insurance for assisting in the cash-flow brought about by delays

in the payment of Public Assistance funds by FEMA.

POSSIBLE

COORDINATION

WITH STATE

AGENCIES AND

PROCESS

ABAG should work with the State Office of Emergency Services and others to encourage training for finance and human resource departments related to business continuity and documentation of disaster expenses. ABAG should encourage the use of the state-wide master mutual aid agreement to promote the exchange of finance, human resource, planning, and public works department staff to gain valuable work experience on disaster-related issues and to assist impacted local governments. This program would be similar to existing

programs related to fire, police, and building inspection departments.

Any recommended changes to State or federal law are viewed as premature.

CREDITS – Prepared by Jeanne Perkins with technical review by Fred Turner and Laurie Johnson. PHOTO CREDITS – BBC–page 1 (left); Sonoma County Library Collection–page 1 (right); Oakland Councilmember Quan –page 2 (left).

January 22, 2008 4