Executive Office of the Governor, Division of Emergency Management

 

EXECUTIVE OFFICE OF THE GOVERNOR

Division of Emergency Management

Division of Emergency Management

M E M O R A N D U M

To: Local Governments, State and Regional Agencies, Indian Tribal Governments, Local Mitigation Strategy Working Groups, and Private Non-Profit Organizations Submitting Hazard Mitigation Grant Program Applications for Hurricane Michael (DR-4399)

From: Jared Moskowitz, State Coordinating Officer

Subject:Hazard Mitigation Grant Program Notice of Funding Availability

Date: September 10, 2019

Program Summary

The Florida Division of Emergency Management (the Division) is pleased to announce the availability of Hazard Mitigation Grant Program (HMGP) funds as a result of the recent Presidential Disaster Declaration for Hurricane Michael (FEMA 4399-DR-FL).

HMGP funding is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act. This funding helps communities implement measures to reduce or eliminate long-term risk to people and property from natural hazards and their effects. The Division encourages all potential applicants to submit applications for projects that address eligible mitigation activities. The amount of HMGP funding available to the state is based on the total federal disaster assistance for the Presidential Disaster Declaration.   

Application Timeline

Applications are currently being accepted. The application period will close March 10, 2020.  Applications mailed to the Division must be postmarked on or before March 10, 2020. Hand-delivered applications must be stamped in at the Division no later than 5:00 p.m. ET on March 10, 2020. The Division requires potential applicants to submit complete applications before the close of the application period. 

Applications will only be accepted from eligible applicants as defined in the Minimum Program Eligibility section of this notice.

Please provide one original and one identical copy of the State of Florida Hazard Mitigation Grant Program Application and all appropriate attachments. In addition, include a full copy of the submittal and all documentation on CD or thumb drive.

The application and all other pertinent forms may be obtained at the Division’s website located at https://www.floridadisaster.org/dem/mitigation/hazard-mitigation-grant-program/ in the section HMGP Application and Resources.

Only the application identified for DR-4399 will be accepted for Hurricane Michael. Any application sent in with an older version must be converted to the new form and resubmitted to be eligible. This will not affect the order of tier 3 applications that were already submitted, so long as they are converted to the new form by the application deadline. The application number will be located at the bottom of the application.

Completed applications must be sent to the following address:

ATTN: Kathleen Marshall, Hazard Mitigation Grant Program

Florida Division of Emergency Management

Mitigation Bureau

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

 

Minimum Program Eligibility

Eligible Applicants: According to the Code of Federal Regulations (CFR) 44 §206.434(a), the following parties are eligible to apply for Hazard Mitigation Grant Program funds:

·         State and local governments who have an approved Local Mitigation Strategy (LMS) in accordance with 44 CFR 201.6, prior to receipt of HMGP subgrant funding for projects;

·         Private non-profit organizations or institutions that own or operate a private non-profit facility as defined in §206.221(e); and

·         Indian tribes or authorized tribal organizations.

 

However, be advised that pursuant to 27P-22 of the Florida Administrative Code, all project applications must go through the Local Mitigation Strategy Working Group (LMSWG) of the county where the project will take place. Any application sent to the Division without a signed endorsement letter, from either the Chair or Vice-Chair of an LMSWG, will be denied.

Additional projects and project re-ordering to a county’s endorsement letter will only be accepted up to the date of the application deadline. Any changes after the deadline are restricted to changes in total project costs. Any increase in project costs that would necessarily increase a project’s federal award amount must have approval from the LMSWG Chair or Vice-Chairperson.

Only projects eligible under regular funds are being solicited under this notice. Projects eligible under FEMA’s 5% Initiative or that are planning-related activities, per the Hazard Mitigation Assistance Guidance 2015, will not be considered for funding.

Eligible Activities: Activities include mitigation projects that will result in protection of public or private property from natural hazards.  Activities for which implementation has already been initiated or completed are not eligible for funding.  Eligible projects include, but are not limited to, the following:

•                   Acquisition or relocation of hazard-prone structures;
•                   Retrofitting of existing buildings and facilities that will result in increased protection from hazards;
•                   Elevation of flood-prone structures;
•                   Infrastructure protection measures;
•                   Stormwater management improvements;
•                   Minor structure flood control;
•                   Flood diversion and storage;
•                   Aquifer storage and recovery;
•                   Floodplain and stream restoration;
•                   Residential and community safe room construction;
•                   Generators for a critical facility, provided they are cost-effective, contribute to a long-term solution to the problem that they are intended to address, and meet other project eligibility criteria as required by 44 CFR §206.434(c); or generators that are an integral part of a larger eligible project.

Ineligible Activities: The state will NOT consider funding requests for the following:

·         Construction of new facilities (Nevertheless, the cost associated with above-code upgrades to new facilities may be considered);

·         No equipment;

·         Stand-alone studies, design, and planning-related activities;

·         Tree removal, debris removal, and other forms of maintenance; or

·         Projects already in progress (Construction may not begin until the contract between the State and subrecipient is executed and the project has met requirements of the National Environmental Policy Act).

Eligibility Criteria:  All projects submitted must meet minimum criteria to be considered for funding. An eligible project must:

•                   Conform to the requirements stated in this Notice of Funding Availability;
•                   Conform to the Florida State Hazard Mitigation Plan and the respective community’s LMS;
•                   Conform to the funding priorities for the disaster, as established in the appropriate LMS;
•                   Demonstrate cost-effectiveness;
•                   Be technically feasible;
•                   Benefit the designated disaster area;
•                   Conform to all applicable environmental laws and regulations, as well as Executive Orders;
•                   Solve a problem independently or constitute a functional part of a solution;
•                   Benefit a National Flood Insurance Program (NFIP) participating community that is not on probation or suspended from the NFIP; and
•                   Meet all applicable State and local codes and standards.

 

Cost-Share Requirements

Under the HMGP, FEMA will contribute up to 75 percent of the total amount approved under the grant award to implement eligible, cost-effective mitigation measures. The applicant must provide the remaining 25-percent non-federal share.  Contributions,

cash, and in-kind services are acceptable as part of the non-federal share.  Requirements for in-kind contributions can be found in 2 CFR §200.306. In-kind contributions must be directly related to the eligible project cost and are those personnel, materials, equipment and supplies owned, controlled, and operated by the applicant or a third-party contributor.

Applicants may use the Global Match concept as part of the 25-percent non-federal share. Global Match permits a potential applicant to meet the non-federal share match by receiving credit for state and/or local government funds that were committed to a similar type of project(s).  These similar, non-federally funded projects must meet all of the HMGP eligibility requirements.  This means that if Global Match is approved, the applicant may receive up to 100 percent federal share. 

 

Pre-Award Costs

Prior to receiving a grant award, pre-award costs may be requested.  Pre-award costs include items such as engineering, environmental study, permitting, and other "soft" costs associated with a construction project.  Construction activities are not considered pre-award costs.  Pre-award costs must be requested in writing.  Guidelines for pre-award costs are included in Attachment A.

 

Project Management Costs

Project Management Costs will be made available to those subapplicants that request them. Projects are now eligible for management costs up to 5 percent of the total project cost. More information regarding project management costs can be found in the application.

County Funding Allocation

 

To ensure funds are distributed equitably, designated counties have been assigned a portion of the total HMGP grant. The amount is based on a calculation of the proportional share of the total federal assistance under the Public Assistance (PA), Individual Assistance (IA), and Small Business Administration (SBA) programs as of April 2019.  Commitment of project funds by the Division is contingent upon receipt of appropriate Legislative Budget Authority.

These figures are shown in Attachment B and represent the estimated amount of HMGP funds currently available.  HMGP funding is available only to those counties that have a current FEMA-approved LMS.  Project applications will be considered only if:

(1)          The application is accompanied by an endorsement by the LMS Chairperson or Vice-Chairperson stating that the project is included in the current LMS; and,

(2)          If more than one project is submitted, the endorsement indicates the prioritization.  A sample project submission letter is shown in Attachment C.

The Division will attempt to fund each submitted project in priority order until the county’s allocation has been exhausted.  In accordance with Florida Administrative Code (F.A.C.) 27P-22.006, the Division uses the following tiered allocation system up until the State application deadline with FEMA:

Tier 1 The available HMGP funds are allocated to counties included in the relevant Presidential Disaster Declaration in proportion to each county’s share of federal disaster funding from the Public Assistance (PA), Individual Assistance (IA), and Small Business Administration (SBA) Disaster Loan Program as of 90 days after a Disaster Declaration as reported by FEMA.  Eligible projects submitted by each county included in the relevant Presidential Disaster Declaration will be funded in order of priority as outlined in the LMS until the allocated funds are exhausted or all eligible projects are funded.

Tier 2 Any allocation remaining after all eligible projects in any declared county are funded shall be re-allocated to those counties included in the relevant Presidential Disaster Declaration whose allocation was not sufficient to fund all submitted eligible projects. The order of priority for re-allocating funds is detailed in Attachment D.

Tier 3 In the event funds remain after the Tier 1 and Tier 2 processes, any remaining funds will be offered on a statewide basis as described in Attachment D.

Please see Attachment D for a detailed explanation of funding tiers.

 

Funding Availability and Notification

FEMA notifies the State of HMGP funding availability at the following milestones:

1.    Initial 90-Day Estimate

This is an early estimate only and not an actual commitment of funding by FEMA. Funding may increase or decrease based on actual disaster claims during the declaration period.  These estimates are provided for planning purposes and to jump-start the HMGP application process.

2.    Obligation prior to 12 Months

Prior to the 12-month lock-in, FEMA will only obligate funds up to 75% of any current estimate. This is to eliminate the risk of over obligating funds for any given disaster in the event the 12-month lock-in is lower than initially estimated.

3.    12 Months from the Date of Declaration

This represents the State’s Lock-in Amount. It is the maximum amount available the state can expect to receive from FEMA. In rare occurrences, FEMA may conduct a

subsequent review 18 months after the declaration, but only at the request of the State. The estimate from that review may cause the final lock-in to fluctuate up or down depending on the findings.

It is important for potential applicants to recognize that HMGP funds are contingent upon FEMA’s reexamination of the disaster figures at the given time intervals.  A county’s funding allocation can increase or decrease after it has submitted an application. 

 

Technical Assistance

The Division is in the process of scheduling in-person HMGP application development workshops for the benefit of the impacted counties. The Division is in the process of scheduling these workshops and will be in touch with the impacted counties in the next few weeks to finalize dates and times. Please check the Division’s website www.floridadisaster.org/dem/mitigation/hazard-mitigation-grant-program for additional technical guidance. If there are any questions regarding the allocation of funds or the project review and selection criteria, please call Bureau staff at one of the following numbers:

Program Eligibility: [phone] or [phone]

Environmental: [phone]

Engineering and Technical Feasibility: [phone]

For additional information and technical assistance, please refer to FEMA’s Hazard Mitigation Assistance Guidance document available at https://www.fema.gov/media-library/assets/documents/103279.

To assist you in submitting qualified project applications, the Hazard Mitigation Grant Program Application and the following attachments are located on the Division website https://www.floridadisaster.org/dem/mitigation/hazard-mitigation-grant-program:

Attachment A: Pre-award Cost Guidance and Form

Attachment B: Initial Estimate of Available HMGP Funding

Attachment C: Sample LMS Project Submission Letter

Attachment D:Florida Administrative Code 27P-22

Attachment E:Data Collection Worksheet Notice

JM/km

Attachments