15- 214 C.M.R. ch. 5, § 5

Current through 2024-51, December 18, 2024

Section 214-5-5 - DISASTER RECOVERY ASSISTANCE TO INDIVIDUALS AND FAMILIES

1.Assessment of Damage. Following any disaster event, the Agency will review damage assessments gathered by County Emergency Management Agencies and other sources, including but not limited to the 211 Maine referral system and affected municipalities, and will consult with voluntary organizations and DRT Agencies serving those individuals and families affected by the disaster. The Agency will assess the numbers of individuals and families affected; the number of homes damaged; essential needs of those affected as compared to available programs; anticipated insurance coverage; anticipated unmet needs; and the balance in the Fund available to address anticipated needs.

2.Agency Recommendation. Based on the assessment of damage, the Agency will make a recommendation to the Governor concerning activation of the Fund, which includes the estimated amount needed to address the needs of those affected and the most expedient method to administer the assistance (see subsections 3(C) - (E)). If the initial assessment of damages to housing and other individual and family needs approaches the applicable thresholds to qualify for the Individual Assistance program administered by FEMA, the Agency will recommend that the Governor seek a federal disaster declaration before activating the Fund.

3.Use of the Fund to Assist Individuals and Families in the Absence of a Federal Disaster Declaration

A.Limitations on Use of the Fund. The Fund may be used to supplement or complement, but not supplant, assistance to individuals and families provided by voluntary organizations or through existing programs that are administered by DRT Agencies. The Agency will provide no direct monetary grants to individuals or families from the Fund, but will instead offer assistance by donating funds to a voluntary organization, a DRT or voluntary organization, or to the Maine Disaster Relief Fund, as outlined in paragraphs C through E below. This is a Priority 1 use of the Fund.

B.Eligible Forms of Assistance. The Agency's focus for providing aid to individuals and families (consistent with the types of assistance offered by FEMA under FEMA's Individual Assistance program following a federal disaster declaration) will be on meeting immediate safety and health needs, including but not limited to such items as:

(1) Safe, sanitary and secure housing (e.g., assistance with clean-up, mold remediation, minor home repairs, or temporary housing if warranted);

(2) Clothing;

(3) Essential furnishings or tools;

(4) Essential medical supplies or appliances;

(5) Disaster-related mental health and medical services; and

(6) Disaster-related funeral services.

C.Support to Voluntary Organizations

(1) Based upon a recommendation by the Agency, the Governor may make a donation from the Fund to one or more voluntary organizations to reimburse costs incurred by those organizations in meeting the needs of individuals and families adversely affected by a disaster. Priority will be given to voluntary organizations not affiliated with a national organization that could provide additional resources.

(2) Any voluntary organization that receives a donation from the Fund will be asked to report to the Agency at the close of recovery operations for the particular disaster for which the donation was made on the support provided to clients from this disaster. Unspent funds must be returned to the Agency.

D.Support to DRT, Municipal and Voluntary Organization Programs

(1) Where a program administered by a DRT Agency, Municipality or voluntary organization exists that may effectively serve individuals and families adversely affected by a Maine disaster, such individuals will be encouraged to apply for assistance under existing program rules. Appropriate programs are those that address immediate safety and health needs, as described under subsection 3(b), above.

(2) If the program does not have sufficient funds to serve those who qualify, and can legally accept a transfer from the Fund, the Agency will execute or activate an existing a Memorandum of Understanding with the DRT Agency or voluntary organization governing the process for requesting and fulfilling such a transfer. See Section 11.

(3) Provision of monetary support from the Fund does not confer any management responsibilities on the part of the Agency or the State in the operation either of the DRT Agency program that is providing direct aid to those affected by the disaster. Any program that receives monetary support from the Fund will serve clients according to its established rules and procedures.

(4) If a voluntary organization is not specified in the ERT/DRT Executive Order as a DRT Agency, it will be added to the DRT on an ad hoc basis to ensure full coordination with the Agency and other DRT members.

E.Support to the Maine Disaster Relief Fund

(1) Based upon a recommendation by the Agency, the Governor may make a donation from the Fund to the Maine Disaster Relief Fund to address the needs of individuals and families affected by the disaster. The Administrator of the Disaster Relief Fund must first provide the Agency with a credible estimate of the needs that cannot be met by the current resources of the Disaster Relief Fund. Any donation from the Fund to the Maine Disaster Relief Fund must be distributed in accordance with the bylaws and appropriations guidelines established by the Administrator.

(2) The Administrator of the Maine Disaster Relief Fund must report to the Agency at least annually and/or at the close of recovery operations for the disaster for which a donation from the Fund was made, on the status of support provided to clients from this disaster. The Agency will not request return of unspent funds, provided the Administrator agrees to hold those funds in reserve for future disasters.

4.Use of the Fund to Provide State Match when a Federal Disaster is declared

A. If a federal disaster is declared that includes Individual Assistance and the Other Needs Assistance (ONA) program is activated by FEMA, the State may use the Fund to meet its obligation under federal law to contribute 25% of the ONA costs, to the extent that the match cannot be met through in-kind contributions or previously-incurred costs. This is a Priority 2 use of the Fund.

B. Disbursements from the Fund to meet the remaining billed obligation will be made according to established State of Maine accounting practices. If there is an insufficient balance in the Fund to meet the remaining state obligation, the Agency will consult with the Department of Administrative and Financial Services and the Governor's office to determine how the obligation will be met.

5.Use of the Fund to Address Unmet Needs of Individuals and Families when a Federal Disaster is Declared

A. If a federal disaster is declared that includes authorization of Individual Assistance from FEMA, then individuals in the declared areas will apply directly to FEMA for disaster assistance. The Agency will also provide to FEMA a list of additional state programs that may be able to provide assistance to individual applicants.

B. If there are unmet needs after individuals have exhausted the aid available to them from FEMA and private insurance, the Fund may be used to provide assistance in the same manner as described in subsection 3. This is a Priority 3 use of the Fund.

15- 214 C.M.R. ch. 5, § 5