10-001 Code Vt. R. 10-000-001-X - RULES FOR STATE MATCHING FUNDS UNDER THE FEDERAL PUBLIC ASSISTANCE PROGRAM
Current through March, 2022
The purpose of this rule is to establish the criteria and procedures by which to distribute the State share of funds to match federal disaster relief under the Federal Emergency Management Agency's Public Assistance Program. The Emergency Relief and Assistance Fund is established at 20 V.S.A. § 45, along with the requirement for the Secretary of Administration to establish by rule the criteria and procedures for distribution of money from this fund.
The intent of the fund and this Rule is to render state assistance more predictable, consistent and available, as well as to encourage hazard mitigation strategies by municipalities and individuals to reduce potential future damages from natural disasters.
Funds under these rules shall be provided to subgrantees for repair or replacement of damaged public infrastructure to match federal disaster relief provided following a Presidential declaration of a major disaster under Section 406 of the Stafford Act. The funds may be provided to assist subgrantees in matching public assistance provided by FEMA following the rules established pursuant to the Stafford Act at 44 R § 206.
The standard State funding match will be 30% of the non-Federal share of an approved project. The municipality will be responsible for the remaining 70% of the non-Federal share.
In order to qualify for an increased State funding match of either 50% or 70% of the non-Federal share of an approved project, a municipality must meet the requirements described in Appendix A (ERAF State-Share Match Incentives).
The subgrantee will apply to FEMA, following the process set out in the Administrative Plan. Once FEMA has approved the projects for funding, VTRANS will calculate the assistance for which the projects may be eligible and process payment for such eligible projects.
Appendix A State of Vermont Emergency Relief and Assistance Fund (ERAF)
State Share- Match Incentives
The current State funding default rate for FEMA Public Assistance-eligible projects is 50% of the local match requirement for approved projects. Twenty four months after adoption of this Rule, the State funding default rate shall drop to 30% of the local match requirement. These percentages will apply to both the 75% and 90% federal cost share levels.
Twenty four months after adoption of this Rule, in order to qualify for State match funding to the 50% level of the non-Federal cost share, a municipality must provide verification to the Department of Public Safety that it has adopted or will adopt within 30 days of a federal disaster declaration, or is actively implementing the following programs or measures:
Twenty four months after adoption of this Rule, in order to qualify for increased State match funding to the 70% level of the non-Federal cost share, a municipality must provide verification to the Department of Public Safety that it has adopted and is actively administering either item (a) or (b) from the following list:
For the twenty four month period following adoption of this Rule, the provisions within the current Rule will determine the rate of state financial participation with the municipality.
The secretary of administration, through rulemaking, may establish criteria, procedures, and reporting requirements governing payments from ERAF, as authorized by 20 V.S.A. § 45(a), in order to provide municipalities with up to the full state and local share of match required by FEMA public assistance grants for federal disaster relief related to flood events of a similar magnitude to Tropical Storm Irene or spring 2011 flooding. Criteria established by the secretary of administration shall reflect levels of damage, as approved by FEMA, and the ability of municipalities to provide matching funds that would otherwise be required.
EFFECTIVE DATE: August 16, 2001 Secretary of State Rule Log #01-45
AMENDED: October 23, 2012 Secretary of State Rule Log #12-036
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