Section 214-5-6 - DISASTER RECOVERY ASSISTANCE TO LOCAL AND COUNTY GOVERNMENTAL UNITS - MAINE PUBLIC ASSISTANCE PROGRAM1.Scope of Maine Public Assistance ProgramA. The Fund may be used to reimburse local and county governmental units as well as private nonprofit organizations when a major disaster is not declared by the President of the United States under the Robert T. Stafford Act (Priority 4), pursuant to the Maine Public Assistance (MEPA) program described in this section. B. All uses of the Fund for this purpose will be for reimbursement only, based on submission of required documentation by eligible applicants.C. Winter road snow clearance and road treatment costs are not eligible for reimbursement from the Fund under this program.2.Assessment of Damage. Following any disaster event, the Agency will review local and county damage assessments gathered by County Emergency Management Agencies and consult with DRT Agencies serving those local and county governmental units affected by the disaster. Following the FEMA Public Assistance program format, the Agency will assess the degree of damage and estimated costs for recovery according to the categories outlined below. A.Emergency Work(1) Category A (Debris Removal)(2) Category B (Emergency Protective Measures)B.Permanent Work(1) Category C (Roads and Bridges)(2) Category D (Water Control Facilities)(3) Category E (Buildings and Equipment)(4) Category F (Utilities)(5) Category G (Parks, Recreational Facilities, and Other Items)3.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 recovery costs of those affected local and county governmental units. If the initial assessment of damages approaches the applicable thresholds to qualify for a Presidential major disaster declaration administered by the Federal Emergency Management Agency, the Agency will recommend that the Governor seek a federal disaster declaration before activating the Fund for MEPA. A. The Agency will assess the degree of damage and estimated costs for recovery using the criteria outlined below. The per capita benchmarks referenced in this section will be adjusted annually according to the Consumer Price Index (CPI). Due to varied populations and number of jurisdictions statewide, no specific County-level per capita benchmarks have been established. (1) Multiple communities (5 or more) reporting $10.00 per capita or greater in disaster related costs and damages;(2) Single communities reporting $30.00 or more per capita in disaster related costs and damages; and(3) Additional impacts described by the applicant such as economic and community disruption, and overall demographic and economic factors in the affected jurisdiction. B. For each disaster event in which the Fund is activated for MEPA, the Governor will set an eligibility threshold for applicants based on assessed local damages and costs. In general, the threshold will not be less than the current FEMA minimum per project cost threshold or $10.00 per capita, whichever is higher.C. The Governor may allow applicants with less than $10.00 per capita costs, as long as their assessed costs meet or exceed the current minimum per project cost established by FEMA.D. The Governor may set a higher per capita threshold for applicant eligibility based on economic factors as well as the available balance in the Fund.4.Eligibility for AssistanceA. In order to be eligible for assistance from MEPA, municipal applicants must be: (1) participants in good standing with the National Flood Insurance Program (NFIP) as authorized in 42 USC Chapter 50; and(2) have formally adopted a current FEMA-approved County or Local Hazard Mitigation Plan (HMP) as required under the Stafford Act.B. In order to be eligible for assistance from MEPA, municipal and county applicants must maintain a current Emergency Operations Plan (EOP) that has been revised within the past three (3) years. The EOP must have been formally activated during the applicant's response to the disaster event.5.Cost Sharing, Incentives, and Mitigation ActivitiesA.Basic Cost Share. For all eligible applicants, and so long as the Fund has not reached its Reserve Balance (see Section 10) the Fund will reimburse at least 50% of eligible damages and costs.B.Incentives to Obtain Higher Reimbursement Rates. Certain actions and conditions (incentives) met by municipal applicants may qualify those entities to receive a higher percentage of reimbursement from the Fund, not to exceed 65% of eligible damages and costs. Each of the following conditions, if met by the municipal and/or county applicant (as applicable), will result in an additional 5% in recovery costs paid from the Fund, not to exceed 65% of the applicant's total eligible damages (1) Participation in the Community Rating System (CRS) of the National Flood Insurance Program;(2) Documentation that the municipality has completed a mitigation project identified in the HMP under which it is covered, or a similar project identified after the HMP was approved, within the last 5 years, supported by any funding source. Documentation is subject to verification by the Agency, or the appropriate subject matter DRT member agency; and (3) Adoption of the Maine Uniform Building Code as defined in Title 10 M.R.S. Chapter 1103.(4) Exercises focused on the Emergency Operations Plan (EOP) in the last two years which have been documented and submitted to the respective County EMA.C.Improvement Projects. An applicant may propose to improve a damaged site to standards designed to reduce or prevent future damage. Such proposals to mitigate future damages will be reviewed by the Agency and the appropriate DRT Agency technical experts. If approved, up to 15% of the estimated cost of the improvement may be added to the cost of the project for which the applicant is seeking reimbursement. 6.Application Process, Timelines, and ReimbursementA.Forms. Applications must be submitted on an official MEPA application form adopted by the Agency. The Agency may adopt the FEMA application forms, or create a separate MEPA form.B.Briefings . The Agency, along with the applicable County Emergency Management Agency will hold public briefings in each County or region in which heavily impacted jurisdictions have been identified. Potential applicants may apply for assistance by filling out an official MEPA application form at the briefing, or by submitting it within 30 days from the Governor's activation of the Fund for MEPA.C.Project proposal development and review(1) Applicants must utilize MEPA Project Worksheets (MEPA-PWs) and provide supporting documentation to request approval of projects to repair damages or recoup response costs.(2) MEPA-PWs must identify the eligible scope of work and must include a quantitative estimate for the eligible work.(3) Each project must meet or exceed the current FEMA minimum per project cost threshold.(4) Multiple MEPA-PWs must be submitted for separate damage sites and cost categories.(5) MEPA-PWs will be reviewed by Agency staff as well as staff from DRT Agencies as appropriate. Any errors or omissions in MEPA-PWs will be conveyed to the applicant so that it has an opportunity to correct them within a specified time period.(6) All MEPA-PWs must be submitted within 60 days after the Governor's activation of MEPA.(7) The Agency will notify the applicant of approval or disapproval of MEPA-PWs within 45 days of receipt of an application that includes all required information.(8) Approval of a project by the Agency constitutes a financial obligation on the part of the State to reimburse the amount of the State share of the project.D.Project Timelines(1) Applicants must complete approved Emergency Work projects within six (6) months of project approval.(2) Applicants must complete approved Permanent Work projects within eighteen (18) months of project approval.(3) Any additional mitigation activities must be completed within eighteen (18) months of project approval.(4) No extensions will be granted for Emergency Work.(5) Applicants may request an extension of the timeline to complete Permanent Work for up to an additional twelve (12) months. Under extraordinary circumstances, a further extension of up to six (6) months may be requested and will be considered on a case-by-case basis.E.Project Reimbursement(1) All reimbursements will be based on the actual costs, for which detailed documentation must be submitted.(2) Billings for actual costs may be submitted to the Agency at any point during the project, using the appropriate forms and including all supporting documentation that the Agency may request.(3) Acceptance and approval of any billing is subject to a site visit by Agency or DRT Agency staff.(4) A reimbursement request that is returned to the applicant for correction or additional information will not be approved and scheduled for reimbursement until the corrected or completed version is returned and accepted.(5) Reimbursement will not exceed 75% of the State's obligated share of a project, pending a final inspection of the completed project by the Agency or appropriate DRT Agency.(6) The Agency may decline to reimburse costs if the inspection indicates that the project is not complete, or work was carried out in a manner not consistent with applicable codes and standards governing the type of work.(7) If reimbursement requests exceed the available balance in the Fund, the Agency may delay or pro-rate reimbursements upon notice to the applicants. The Agency will also inform the Governor of any funding shortfall.F.Appeals Process. Appeals from Agency decisions on project eligibility determinations will be heard by the Commissioner of the Department of Defense, Veterans and Emergency Management (DVEM) or his or her designee.(1) Appeals must be filed within 30 days after the date of the decision which is being appealed.(2) Appeals by the applicant must include supplemental evidence and documentation not included in the original project proposal to support the applicant's claim that a particular project is eligible for assistance from the Fund.(3) The appeal will be heard and a final decision rendered within 60 days of the receipt of the appeal.G.Administrative Costs. In order to provide administrative oversight of the MEPA program, as well as to provide technical assistance to local and county applicants recovering from a disaster, the Fund may be used to reimburse DRT Agencies for the following activities: (1) Overtime costs or travel expenses incurred by DRT Agency personnel during damage assessment, conducting public briefings, provision of direct technical assistance to applicants, review of MEPA-PWs, or project inspections; and(2) Costs of contracting with additional personnel directly assigned by a DRT Agency to any of the above-listed functions.