WSR 13-22-027 PROPOSED RULES MILITARY DEPARTMENT
(Emergency Management Division)
[Filed October 30, 2013, 8:40 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-05-095 on February 17, 2012.
Title of Rule and Other Identifying Information: Chapter 118-09 WAC, Criteria for eligibility and allocation of emergency management assistance funds.
Hearing Location(s): National Guard Readiness Center, 1626 North Rebecca Street, Spokane, WA 99217, on December 12, 2013, at 9:00 a.m.-1:00 p.m.; and at the Legislative Building, Columbia Room #111, 416 Sid Snyder Avenue S.W., Olympia, WA 98504, on December 13, 2013, at 9:00 a.m.-1:00 p.m.
Date of Intended Adoption: On or after January 7, 2014.
Submit Written Comments to: Charma Anderson, 20 Aviation Drive, Building 20, Camp Murray, WA 98430, e-mail charma.anderson@mil.wa.gov, fax (253) 512-7212, by December 13, 2013.
Assistance for Persons with Disabilities: Contact Charma Anderson by December 6, 2013, TTY (253) 512-7298 or charma.anderson@mil.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current WAC is outdated. The changes to the chapter update the eligibility requirements for emergency management assistance funds, to include the emergency management performance grant funds from the Department of Homeland Security/Federal Emergency Management Agency; the allocation methodology will now be based on per capita rates instead of based on a jurisdiction's emergency management budget; and an advisory board is included to advise the director of the emergency management division (EMD) on funding decisions to include reallocation of funds.
Reasons Supporting Proposal: Multiple meetings were held across the state incorporating stakeholder feedback into the changes to the WAC. The current WAC language was developed by a stakeholder group, with participants from across the state, in partnership with EMD. The proposed changes have been shared with the emergency management stakeholders within Washington state. The proposal will ensure an improved funding distribution over the current methodology that was last updated in December 1983.
Statutory Authority for Adoption: RCW 38.52.005.
Statute Being Implemented: RCW 38.52.005.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: EMD, governmental.
Name of Agency Personnel Responsible for Drafting and Enforcement: Charma Anderson, 20 Aviation Drive, Building #20, Camp Murray, (253) 512-7064; and Implementation: Sierra Wardell, 20 Aviation Drive, Building #20, Camp Murray, (253) 512-7121.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule imposes no costs on businesses.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not a requirement for this rule change per RCW 34.05.328 (5)(a) "this section applies to: (i) Significant legislative rules of the departments of ecology, labor and industries, health, revenue, social and health services, and natural resources, the employment security department, the forest practices board, the office of the insurance commissioner, and to the legislative rules of the department of fish and wildlife implementing chapter 77.55 RCW."
October 29, 2013
Sigfred Dahl
Enhanced 911
Homeland Security Unit Manager
Chapter 118-09 WAC
CRITERIA FOR ELIGIBILITY AND ALLOCATION OF EMERGENCY MANAGEMENT ASSISTANCE FUNDS AMENDATORY SECTION (Amending WSR 84-01-022, filed 12/9/83)
WAC 118-09-010 Purpose.
The purpose of this ((regulation)) chapter is to establish eligibility and allocation criteria to be applied by the director ((of the Washington state department of emergency services)) in allocating emergency management assistance (EMA) funds to ((local)) emergency ((services)) management organizations ((of this state for the purpose of carrying out emergency services programs)) (EMOs). The EMA funds ((will be allocated in accordance with the federal Civil Defense Act of 1950 and other applicable parts of the Code of Federal Regulations)) are to supplement and enhance, not supplant, existing EMO dedicated emergency management budgeted funding. EMA funds will be used to both sustain and enhance emergency management capabilities of an EMO.
AMENDATORY SECTION (Amending WSR 84-01-022, filed 12/9/83)
WAC 118-09-020 Definitions.
(((1) Administrative expenses mean necessary emergency management expenses required for the proper and efficient administration of the emergency management program of a local government emergency services organization. (2) Personnel expenses mean necessary emergency management expenses for personnel on the staffing pattern of a local emergency services organization including but not limited to salaries, wages, and supplementary compensation and fringe benefits for such personnel. Such expenses must be supported by job descriptions, payroll records, and time distribution records to be kept on file by the local emergency services organization. (3) Program paper means the same as "program paper" as defined by WAC 118-08-030. (4) Comprehensive emergency operations plan means the same as "comprehensive emergency operation plan" as defined by WAC 118-02-030. (5) State director means the director of the Washington state department of emergency services. (6) Emergency services organization means the same as emergency services organization as defined by WAC 118-06-030. (7) Review board shall mean a committee of four persons appointed by the director; three persons from the state department of emergency services and the president of the Washington state association of emergency services directors.)) (1) "Advisory group" means a group comprised of local, tribal, and state emergency management professionals that shall advise the director. (2) "Comprehensive emergency management plan (CEMP)" means a current, verified emergency plan as required by chapter 118-30 WAC. (3) "Director" means the director of the emergency management division (EMD) of the Washington state military department. (4) "Emergency management functions" means the governmental function that coordinates and integrates activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual emergencies or disasters whether natural, technological, acts of terrorism, or other human caused. (5) "Emergency management organization (EMO)" means the local organization for emergency management established pursuant to RCW 38.52.070(1). EMO also means organizations established by a federally recognized Indian tribe located within the boundaries of the state of Washington that perform emergency management functions as part of that tribe. (6) "Emergency operations center (EOC)" means the central location or facility responsible for coordinating multijurisdictional or multidisciplinary response activities related to an emergency or disaster, and may also be referred to by other names such as an emergency coordination center (ECC). (7) "Emergency" means an event or set of circumstances which: (a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or (b) Reaches such a dimension or degree of destructiveness as to warrant the governor proclaiming a state of emergency pursuant to RCW 43.06.010. (8) "Emergency management assistance funds" or "EMA funds" means: (a) Emergency Management Performance Grant (EMPG) funds administered by the Federal Emergency Management Agency (FEMA) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.; (b) Any successor/supplemental federal emergency management assistance funds available for allocation to EMOs to both sustain and enhance emergency management capabilities statewide; and (c) State funds provided by the legislature solely for the purposes of allocation to EMOs for both sustaining and enhancing emergency management capabilities statewide.
AMENDATORY SECTION (Amending WSR 84-01-022, filed 12/9/83)
WAC 118-09-030 ((EMA funds)) Eligibility criteria.
((Local emergency services organizations in the state of Washington will be)) An EMO is eligible ((for)) to receive EMA funds if the following criteria ((are)) is met by the EMO prior to the beginning of the ((one-year)) application period for which the EMA funds are sought: (1) ((The local emergency services organization for which EMA funds are sought shall)) Have a current ((comprehensive emergency operations plan)) CEMP, or schedule for plan development or maintenance ((approved)), verified by the ((state)) director. (2) ((The director/coordinator of the emergency services organization for which EMA funds are sought shall be a full-time or part-time)) Have at least a half-time employee ((of the organization)) whose job duties are specifically dedicated to performing emergency management functions. (3) ((The emergency services organization shall have an approved program paper in accordance with WAC 118-08-060. (4) Local emergency services organization personnel must be hired and appointed in accordance with local merit system rules and regulations that are commensurate with federal guidelines. (5))) Have a designated emergency management agency, department, division, or office established with a dedicated budget to perform emergency management functions. (4) Have adopted an ordinance, code, or resolution establishing the EMO. Additionally, an EMO that consists of two or more political subdivisions (cities/towns) shall have an executed interlocal agreement establishing the multijurisdictional EMO. (5) Hire and appoint personnel in accordance with applicable employment laws, rules, regulations, and policies. (6) Comply with all federal and state emergency management program requirements. (7) Demonstrate that EMA funds will only be used to both sustain and enhance the EMO's existing emergency management program and capabilities. (8) Demonstrate that EMA funds will not be used to supplant or replace EMO existing dedicated emergency management budgeted funding. (9) Meet all applicable matching fund requirements for receipt of EMA funding. (10) If ((a local emergency services organization receiving EMA funds)) an EMO fails to meet each of the ((requirements of)) criteria in subsections (1) through (((4))) (9) of this section, the ((state)) director ((shall)) may withhold from the ((recipient)) EMO any EMA funds for the balance of the ((federal fiscal year. The funds thus withheld shall be reallocated on a percentage basis to those emergency services organizations that have met the requirements of subsections (1) through (4) of this section)) funding period and future funding cycles to the extent the director determines will encourage sustained and enhanced statewide emergency management functions consistent with federal and state emergency management program requirements.
AMENDATORY SECTION (Amending WSR 84-01-022, filed 12/9/83)
WAC 118-09-040 ((Distribution)) Allocation of ((EMA)) funds.
(((1) From the total amount of EMA funds allocated for distribution to local emergency services organizations, the director may withhold up to five percent of the funds for discretionary distribution to emergency services organizations that meet EMA funds eligibility criteria after the beginning of the one-year period for which EMA funds are available. These discretionary moneys will be distributed on a percentage basis to local emergency services organizations that became eligible during the one-year period for which EMA funds are available. If such discretionary funds are exhausted, local emergency services organizations that become eligible for such funds will not receive funds. (2) Any portion of the withheld percentage of the total EMA fund allocation to local emergency services organizations that has not been distributed by the end of a nine-month period, measured from the beginning of the one-year period for which EMA funds are available, shall be distributed on a percentage basis to those emergency services organizations that have achieved and maintained eligibility in accordance with WAC 118-09-030. (3) The director shall decide upon and publish by September 1 each year, the beginning and ending dates of the next one-year period for which EMA funds will be available to local emergency services organizations. (4) The total amount of EMA funds allocated for distribution to local emergency services organizations, less the percentage withheld by the director (net funds), shall be distributed to eligible local emergency services organizations on a percentage basis up to and including fifty percent of eligible costs. The percentage amount will be determined by the amount of federal funds available each federal fiscal year. The percentage shall be derived by dividing the amount of net funds available by the total of all EMA funds requested by eligible local emergency services organizations. An eligible local emergency services organization shall receive an amount of EMA funds equal to the percentage multiplied by the amount of EMA funds requested.)) EMA funds shall be allocated to eligible EMOs as prescribed in this section. (1) EMPG funds and successor/supplemental federal emergency management assistance funds: EMPG and successor/supplemental federal emergency management assistance funds shall be allocated to eligible EMOs on a per capita basis modified by the allocation methodology set forth in this subsection. Per capita determinations for county and city EMOs shall be based on the official population estimates annually established by the Washington state office of financial management (OFM) under RCW 43.62.020. Per capita determinations for tribal EMOs shall be based on the population estimates established by the OFM Small Area Estimates Program for tribal areas. (a) EMD is to retain the federally authorized percentage of these funds for Management and Administration (M&A). From the remaining amount, the director shall determine the amount of funding available for EMD operational costs and allocation to EMOs in consultation with the advisory group. (b) The process for determining allocations to EMOs is a two-step process. First, the amount of funding allocated to least populated counties is to be determined in accordance with (d)(i) of this subsection. Second, the amount of funding allocated for the least populated counties is to be subtracted from the total amount of funding available for allocation to EMOs. The remainder is the amount of funding available for allocation to nonleast populated counties and cities in those counties and to tribes, which will be allocated on a per capita basis in accordance with (d)(i) and (ii) of this subsection. (c) Minimum amount that will be awarded: Under the allocation methodology set forth in this subsection: (i) No county or city EMO will receive an award of these funds unless it qualifies for an award of at least ten thousand dollars; (ii) No county or city EMO will receive an award of these funds unless it can provide a fifty percent match of at least ten thousand dollars; and (iii) No city located in a least populated county will receive an award of these funds. These limitations do not apply to tribal EMOs. (d)(i) Allocation methodology: The amount of funding available to EMOs will be allocated as follows: (ii) Least populated counties: Special consideration is to be given to least populated counties due to the diverse population range of counties in the state. These counties would not benefit from a per capita allocation. Except as provided in (d)(ii)(C) of this subsection, least populated counties are those counties that will not receive at least eighteen thousand dollars in funding using a per capita allocation. (A) Least populated counties shall receive an allocation of EMPG and successor/supplemental federal funding in an amount to be determined by the director consistent with this subsection. These counties meeting eligibility requirements need assurance of a reliable level of such funding, with the target amount of funding being at least eighteen thousand. The intent is for the award amount combined with the fifty percent match requirement to allow for employment of a half-time dedicated emergency management professional. (B) The amount selected for allocation to least populated counties beyond the target amount is to be commensurate with the amount of these funds available for statewide county and city EMO funding, except as limited by (d)(ii)(D) of this subsection. For example, if the amount of these funds available for allocation to county and city EMOs increases, allocations to the least populated counties will be proportionately increased, except as limited by (d)(ii)(D) of this subsection. (C) If the amount selected for allocation to least populated counties is greater than eighteen thousand dollars, that amount shall be used for determining what counties are designated as a least populated county for purposes of this subsection. (D) These counties shall not receive awards greater than counties that do not fall into this category. (E) To preserve the minimal amount of funding available to these counties, cities located within these counties shall not be allocated EMPG or successor/supplemental federal funds. These cities shall collaborate with their county to sustain and improve emergency management programs and capabilities. (e) Match requirements: (i) The EMO shall meet all matching fund requirements associated with receipt of the funds only through a hard, dollar-for-dollar, match from a dedicated EMO emergency management budgeted fund; (ii) The match shall not include any funds otherwise prohibited for such use by federal funding requirements; and (iii) If an EMO is unable to meet the matching fund requirements, its award will be reduced to the amount it is able to meet, but no award shall be made to a county or city EMO unless it can provide a fifty percent match of at least ten thousand dollars. (iv) Examples: (A) If an EMO allocation is eighteen thousand dollars but only a match of eleven thousand dollars can be met, the award will be reduced to eleven thousand dollars. (B) If a county or city EMO allocation is eighteen thousand dollars but a match of only nine thousand five hundred dollars can be met, the award will be zero. (f) Phase-in of funding methodology: During each of the first three years following the effective date of this rule, application of this allocation methodology shall create no more than a thirty-three percent incremental change each year from the federal fiscal year 2012 EMPG allocation until fully implemented in the third year, at which time this subsection shall cease to apply. The 2012 allocation is to be used as the base year for purposes of the phase-in calculations. EMOs that received one-time funding increases in 2012 will have their implementation base reduced by that amount for purposes of calculating the thirty-three percent incremental change each year. (2) Other EMA funding: To the extent consistent with state law establishing, authorizing, and appropriating state funds available for allocation to EMOs for both sustaining and enhancing emergency management capabilities statewide, such funds shall be allocated by applying the methodology in subsection (1)(a) through (c) of this section, as applicable. (3) Unspent funding: Any allocated EMA funds not expended by, or accepted by, an EMO shall be reallocated among remaining eligible EMOs as the director determines will best sustain and enhance statewide emergency management capabilities. (4) Review: The EMPG allocation methodology shall be reviewed at least every five years.
AMENDATORY SECTION (Amending WSR 84-01-022, filed 12/9/83)
WAC 118-09-050 Appeal and review ((of EMA funds distribution)).
(1) ((A local emergency services organization)) Appeal: An EMO may appeal to the director to reconsider eligibility determinations and the amount of EMA funds ((distributed to it)) allocated if ((the emergency services organization)) it believes ((that the amount of EMA funds distributed to it)) the determination is inconsistent with the ((eligibility)) criteria. Such appeal ((shall)) must be made in writing ((to)) setting forth the specific reasons for the appeal and be received by the director within fifteen calendar days following receipt by the EMO of notification of the EMA fund allocation ((by the local emergency services organization. (2) The appeal shall set forth the local emergency services organization's reasons for the appeal. (3))) (2) Review and response: The director shall respond to the ((local emergency services organization)) EMO in writing within fifteen calendar days of receipt of the written appeal. The director's response shall uphold or modify the ((distribution of)) eligibility determination or allocation for EMA funds and ((set forth in writing)) describe the reasons for ((his)) the decision. The decision of the director shall be final. (((4) The director may appoint a review board of four persons to review and recommend a response to an appeal.))
NEW SECTION
WAC 118-09-060 Advisory group.
The director shall consult with the advisory group on the following: (1) Activities that will both sustain and enhance statewide emergency management capabilities for purposes of reallocating EMA funds; (2) Potential changes to the percentage of EMA funds EMD retains for M&A costs and operational costs; (3) Potential changes to the percentage of EMA funds available to pass through to EMOs; (4) The amount of EMA funding available for allocation for least populated counties and additional funding for tribal EMOs; (5) Review of the allocation methodology at least every five years; and (6) Other related issues at the request of the director.
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