To update the rule to address the lack of mitigation funding dedicated to state agencies. To update the rule to establish a state project list to be updated annually to be included in the State Hazard Mitigation Plan.

 

EXECUTIVE OFFICE OF THE GOVERNOR

Division of Emergency Management

RULE NOS.:RULE TITLES:

27P-22.001Purpose

27P-22.002Definitions

27P-22.003Eligibility

27P-22.004LMS Working Groups

27P-22.005Local Mitigation Strategy

27P-22.006County Allocations and Project Funding

27P-22.007Application

27P-22.008State Allocation and Project Funding

PURPOSE AND EFFECT: To update the rule to address the lack of mitigation funding dedicated to state agencies. To update the rule to establish a state project list to be updated annually to be included in the State Hazard Mitigation Plan.

SUBJECT AREA TO BE ADDRESSED: Mitigation, Hazard Mitigation Grant Authority.

RULEMAKING AUTHORITY: 252.35(2)(y)

LAW IMPLEMENTED: 252.311, 252.32, 252.35

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Stephanie Stachowicz

[phone]

[e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

CHAPTER 27P-22

HAZARD MITIGATION GRANT PROGRAM

27P-22.001Purpose

27P-22.002Definitions

27P-22.003Eligibility

27P-22.004 LMS Working Groups

27P-22.005 Local Mitigation Strategy

27P-22.006County Allocations and Project Funding

27P-22.007Application

27P-22.008State Allocation and Project Funding

 

27P-22.001 Purpose.

This chapter describes the processes for application, project selection and distribution of funds under the Hazard Mitigation Grant Program.

Rulemaking Authority 252.35(2)(xy) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.001.

27P-22.002 Definitions.

(1) “Adoption” means a resolution, ordinance or other formal action taken by the governing body of a county or municipality indicating agreement with and acceptance of the relevant Local Mitigation Strategy.

(2) “Application” means the request for hazard mitigation funding as submitted to the Division of Emergency Management (Division or FDEM) by an Applicant.

(3) “Applicant” means a state agency, local government, Native American tribe or authorized tribal organization or private non-profit organization requesting hazard mitigation funding.

(4) “DHS” means Department of Homeland Security.

(5) “FEMA” means the Federal Emergency Management Agency.

(6) “Hazard” means a condition that exposes human life or property to harm from a man-made or natural disaster.

(7) “Hazard Mitigation” means any action taken to reduce or eliminate the exposure of human life or property to harm from a man-made or natural disaster.

(8) “Hazard Mitigation Grant Program”, herein referred to as HMGP, means the program authorized under Section 404 of the Stafford Act and implemented by 44 C.F.R., Part 206, Subpart N, dated October 1, 2019, hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12333, a copy of which may be obtained by contacting the Division, which provides funding for mitigation projects as identified in the State Hazard Mitigation Plan.

(9) “Local Mitigation Strategy” or “LMS” means a plan to reduce identified hazards within a county.

(10) “Project” means a hazard mitigation measure as identified in an LMS.

(11) “Repetitive loss structures” means structures that have suffered two or more occurrences of damage due to flooding and which have received payouts from the National Flood Insurance Program as a result of those occurrences.

(12) “State Hazard Mitigation Plan” means Florida’s version of the Hazard Mitigation Plan referred to in 44 C.F.R., Part 206, Subpart N and approved by FEMA. The State Hazard Mitigation Plan is set forth in the Enhanced State Hazard Mitigation Plan 2018, hereby incorporated into this rule by reference, https://www.flrules.org/gateway/reference.asp?NO=Ref-12334. A copy may be obtained by contacting the Division of Emergency Management.

(13) “Working Group” is the group responsible for the development and implementation of the Local Mitigation Strategy.

Rulemaking Authority 252.35(2)(xy) FS Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.002, Amended 7-18-13, 11-24-20.

27P-22.003 Eligibility.

(1) Eligible types of projects shall include, but not be limited to, the following:

(a) Certain new construction activities that will result in protection from hazards;

(b) Retrofitting of existing facilities that will result in increased protection from hazards;

(c) Elevation of flood prone structures;

(d) Vegetative management/soil stabilization;

(e) Infrastructure protection measures;

(f) Stormwater management/flood control projects;

(g) Property acquisition or relocation; and

(h) Plans that identify and analyze mitigation problems and include funded, scheduled programs for implementing solutions, within the same disaster.

(2) In order to be eligible for funding, projects shall meet the following requirements:

(a) Conform to the State Hazard Mitigation Plan;

(b) Conform to the funding priorities for the disaster as established in the LMS governing the project;

(c) Conform to the following federal regulations incorporated by reference, copies of which may be obtained by contacting the Division:

1. 44 C.F.R., Part 9, Floodplain Management and Protection of Wetlands, dated October 1, 2019, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12335;

2. DHS Directive 023-01, Revision 01, dated 10/31/2014, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12336;

3. DHS Instruction 023-01-001-01, Revision 01, dated 11/6/2014, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12337;

4. FEMA Directive 108-1, dated 10/10/2018, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12338; and

5. FEMA Instruction 108-1-1, dated 10/10/2018, incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12339.

(d) Eliminate a hazard independently or substantially contribute to the elimination of a hazard where there is reasonable assurance that the project as a whole will be completed; and

(e) Be cost-effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a disaster.

Rulemaking Authority 252.35(2)(xy) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.003, Amended 11-24-20.

27P-22.004 LMS Working Groups.

Each county electing to participate in the HMGP must have a formal LMS Working Group and a current FEMA approved LMS.

(1) Not later than the last working weekday of January of each year the Chairperson of the Board of County Commissioners shall submit to the Division a list of the members of the Working Group and its designated Chairperson and Vice-Chairperson.

(2) The Working Group shall include, at a minimum:

(a) Representation from various agencies of county government which may include, but not be limited to, planning and zoning, roads, public works and emergency management;

(b) Representation from all interested municipalities within the county; and

(c) Representation from interested private organizations, civic organizations, trade and commercial support groups, property owners associations, Native American Tribes or authorized tribal organizations, water management districts, regional planning councils, independent special districts and non-profit organizations.

(3) The county shall submit documentation to show that within the preceding year it has issued a written invitation to each municipality, private organization, civic organization, Native American Tribe or authorized tribal organization, water management district, independent special district and non-profit organization, as applicable, to participate in the LMS working group. This documentation shall accompany the membership list submitted to the Division.

(4) The Working Group shall have the following responsibilities:

(a) To designate a Chairperson and Vice-Chairperson;

(b) To develop and revise an LMS as necessary;

(c) To coordinate all mitigation activities within the County;

(d) To set an order of priority for local mitigation projects; and

(e) To submit annual LMS updates to the Division by the last working weekday of each January. Updates shall address, at a minimum:

1. List of Working Group Members including Chair and Vice-Chair;

2. Changes to the hazard assessment;

3. Updated project priority list including estimated costs and potential funding sources;

4. Changes to the critical facilities list;

5. Changes to the repetitive loss list; and

6. Revisions to any maps.

Rulemaking Authority 252.35(2)(xy) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.004, Amended 7-18-13, 11-24-20.

27P-22.005 Local Mitigation Strategy.

Each LMS shall have the following components:

(1) A description of the activities of local government and private organizations that promote hazard mitigation; a description of the policies, ordinances or programs that guide those activities; and any deficiencies in the policies, ordinances, and programs with recommendations to correct those deficiencies.

(2) A description of the methods used to engage private sector participation.

(3) A statement of general mitigation goals, with Working Group recommendations for implementing these goals, and estimated dates for implementation.

(4) A description of the procedures used by the Working Group to review the LMS at regular intervals to ensure that it reflects current conditions within the County.

(5) A hazard assessment to include, at the minimum, an evaluation of the vulnerability of structures, infrastructure, special risk populations, environmental resources and the economy to storm surge, high winds, flooding, wildfires and any other hazard to which the community is susceptible.

(6) A statement of procedures used to set the order of priority for projects based on project variables which shall include technical and financial feasibility.

(7) A list of approved projects in order of priority with estimated costs and associated funding sources.

(8) A list of critical facilities that must remain operational during and after a disaster.

(9) A list of repetitive loss structures.

(10) Maps, in Geographical Information System (GIS) format, depicting hazard areas, project locations, critical facilities and repetitive loss structures.

Rulemaking Authority 252.35(2)(xy) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.005.

27P-22.006 County Allocations and Project Funding.

(1) The available HMGP funds shall be allocated to the counties included in the relevant presidential disaster declaration, as defined in Ssection 252.34(2), F.S., in proportion to each county’s share of the federal disaster funding from the Public Assistance, Individual Assistance and Small Business Administration programs as of 120 days after the disaster declaration as reported by FEMA.

(a) Eligible and submitted projects for each county included in the relevant presidential disaster declaration will be funded in order of priority as outlined in the LMS Working Group endorsement letter until the allocated funds are exhausted, or all eligible projects are funded, whichever occurs first.

(b) Any allocation remaining after all eligible projects in any declared county are funded shall be reallocated to those counties included in the relevant presidential disaster declaration whose allocation was not sufficient to fund all submitted eligible projects in proportion to each county’s share of unfunded projects.

(2) If funds remain after all eligible projects under subsection (1) above have been funded, then they shall be applied to fund eligible projects submitted from counties not included in the relevant presidential disaster declaration on a first-come-first-served basis until all available funds are obligated. If funds remain after all eligible projects under subsection (1) above have been funded, then 20% of remaining funds may be applied to fund eligible projects submitted from the state project list and the remaining 80% shall be applied to fund eligible projects submitted from counties not included in the relevant presidential disaster declaration on a first-come first-served basis until all available funds are obligated.

(a) If the state does not utilize the funding specified in section 2, then more than 75% will be allocated to the counties not included in the relevant presidential disaster declaration. Similarly, if there are not enough eligible projects submitted from counties not included in the relevant presidential disaster declaration to use the remaining funds, the funding shall be applied to eligible state projects.

(3) Once a project has been selected for funding, the agreement between the applicant and the Division regarding the terms and conditions of the grant shall be formalized by contract.

Rulemaking Authority 252.35(2)(xy) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.006, Amended 11-24-20.

27P-22.007 Application.

(1) The following entities may apply for funding under the program:

(a) State agencies and local governments;

(b) Private non-profit organizations or institutions that own or operate a private non-profit facility as defined in 44 C.F.R., §206.221(e), dated October 1, 2019, hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12340 a copy of which may be obtained by contacting the Division; and

(c) Indian tribes or authorized tribal organizations.

(2) The Division shall notify potential applicants of the availability of HMGP funds by publishing a Notice of Funding Availability in the Florida Administrative Register.

(3) Applicants will have not less than ninety (90) days from the date of notification to submit project applications. The opening and closing dates will be specified in the Notice of Funding Availability. Applications mailed to the Division must be postmarked on or before the final due date. Hand-delivered applications must be stamped in at the Division no later than 5:00 p.m. (Eastern Time) on the final due date.

(4) A LMS Working Group endorsement letter shall accompany each application from the Chairperson or Vice-Chairperson of the LMS Working Group endorsing the project. The endorsement shall verify that the proposed project does appear in the current LMS and state its priority in relation to other submitted projects. Applications without this letter of endorsement will not be considered.

(5) Applications must be submitted using FDEM Form No. HMGP Application (01-2020) (Eff. 01-2020) which is incorporated into this rule by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12341, a copy of which may be obtained by contacting the Division or visiting www.floridadisaster.org. In addition, the application form will be circulated as a part of the Notice of Funding Availability for its respective disaster grant cycle.

(6) If the Division receives an incomplete application, the applicant will be notified in writing of the deficiencies. The applicant will have thirty (30) calendar days from the date of the letter to resolve the deficiencies. If the deficiencies are not corrected by the deadline the application will not be considered for funding.

(7) Applications are to be delivered or sent to:

Division of Emergency Management

Bureau of Mitigation

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399

ATTENTION: Hazard Mitigation Grant Program

Rulemaking Authority 252.35(2)(xy) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.003, Amended 11-24-20.

27P-22.008 State Projects and Allocation.

(1) The Division shall maintain a prioritized list of projects with estimated costs, responsible agencies, and expected

timeframe for completion pursuant to the federal prioritization criteria and project scoring.. 

(a) The Division shall develop and adopt a state project prioritization methodology, with public and state agency input.

 

(b) State projects refers to projects on state facilities and lands; as well as large infrastructure or critical facilities of

regional significance, such as ports, that are not owned by local communities.

(c) The Division will accept new state projects to be prioritized and added to the list from December 1 through January 31 annually.

(d) The Division must prioritize these new projects annually by February 15.

(e) The list shall be updated by the Division after a presidential declared disaster, within 120 days after the disaster declaration as reported by FEMA. To be eligible for funding under the state allocation, the project must also be on this state project list.

(2) 25% of available HMGP funds may be allocated to state projects in the counties included in the relevant presidential disaster declaration, as defined in section 252.34(2), F.S.

  (a) The Division shall review the projects on the state project list and the state projects for which the Division receives HMGP applications and from that develop a list relevant to that disaster. This list shall be provided to the Governor within thirty (30) days after the application period closes.

(b). Projects shall be funded in order of priority until the state allocation funds are obligated.

(c) If funds remain after all eligible projects have been funded, then they shall be applied to the county allocations in 27P-

22.007 County Allocation and Project Funding.

Rulemaking Authority 252.35(2)(xy) FS. Law Implemented 252.311, 252.32, 252.35 FS. History–New 2-24-02, Formerly 9G-22.003, Amended 11-24-20.