California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 1 - State Public Assistance Program › Section 2970 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Basic Procedures:
(1) To be eligible for
				  assistance under the Act, a city, county or city and county must proclaim a
				  local emergency within ten (10) days of the actual occurrence of a disaster and
				  the proclamation must be acceptable to the Director, or the Governor must make
				  a State of Emergency Proclamation. When a county has proclaimed a local
				  emergency based upon conditions which include both incorporated and
				  unincorporated territory of the county, it is not necessary for the cities to
				  also proclaim the existence of a local emergency independently;
(2) The city, county or city and county shall
				  provide the Director written notification of a proclamation of local emergency
				  and request for a Director's concurrence or State of Emergency proclamation
				  within ten (10) days of the actual occurrence of a disaster. Upon receipt of
				  the city, county or city and county's notification, the Director shall issue
				  either (A) approval or denial of the Director's concurrence or recommendation
				  that the Governor proclaim a state of emergency, or (B) written notification to
				  the affected city, county or city and county indicating the approximate
				  timeframe for rendering a recommendation. A Preliminary Damage Assessment (PDA)
				  may be scheduled with the affected local agency to obtain additional
				  information. If it is determined that state assistance will be provided, the
				  affected local agency will be notified by the Director of such assistance as
				  well as the application procedures;
(3) The Director, or his/her designee, shall
				  notify the affected city, county or city and county of the incident period
				  beginning and end dates;
(4) A
				  local agency must submit a Project Application (Cal EMA 126, Rev. 12/09,
				  incorporated by reference) to Cal OES within sixty (60) days after the date of
				  a local proclamation. The Director or his/her designee may extend this deadline
				  only for unusual or extraordinary circumstances. When filing an application for
				  assistance, an applicant must attach a List of Projects (Cal EMA 95, Rev.
				  12/09, incorporated by reference). Formats other than the Cal EMA 95 may be
				  substituted if they contain the required information. Prior to application
				  approval by the state, an applicant shall also submit or have on file a
				  resolution designating an authorized representative. In the event of a federal
				  declaration of a major disaster or emergency, the submittal of a federal
				  Request for Public Assistance (FEMA 90-49, Rev. 9/98, incorporated by
				  reference) within the specified federal application period, will meet the state
				  application requirement;
(5) After
				  receipt of the application and a list of projects, Cal OES will, if necessary,
				  schedule an on-site review of all submitted items, which will be singly
				  detailed on separate DSRs (Cal EMA 90s, Rev. 12/09, incorporated by reference).
				  Under normal circumstances, the state will complete DSRs (Cal EMA 90s, Rev.
				  12/09, incorporated by reference) with cost estimates for an applicant agency
				  within sixty (60) days from the date of the local agency application. When a
				  public facility, damaged in a prior disaster event, has not been completely
				  repaired or restored at the time of a subsequent disaster event, the total
				  damage and scope of work for both disasters, excluding the prior disaster work
				  already completed, will be detailed on a DSR. In addition, a separate DSR will
				  be prepared to deobligate any unexpended funds previously provided for the
				  incomplete portion of work;
(6)
				  Upon approval of eligible costs, Cal OES will send copies of the state DSRs
				  (Cal EMA 90s, Rev. 12/09, incorporated by reference) and a computerized summary
				  of all approved costs to the applicant's authorized representative for review
				  and approval. Cal OES will send the completed application to the applicant's
				  designated authorized representative for review and approval with an Applicant
				  Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference);
(7) Upon receipt of an Applicant Approval
				  Form (CDAA Form 3a, Rev. 1/03, incorporated by reference), Cal OES will process
				  an allocation for the state share of approved costs through the State
				  Controller's Office. An authorized representative's signature on the approval
				  form allows the state to process an allocation of funds. An applicant does not
				  forfeit the right to a fair hearing or an appeal, by signing the Applicant
				  Approval Form;
(8) If the Governor
				  proclaims a state of emergency or a catastrophic failure due to excessive
				  damage to Federal Aid Highways as defined in Title
				  23 United States Code §
												101, the Governor may request Emergency
				  Relief (ER) funds pursuant to Title
				  23 United States Code §
												125. Upon implementation by the FHWA, the ER
				  Program will be initiated and administered by the California Department of
				  Transportation (Caltrans) pursuant to Streets and Highways Code Section
				  820
				  et seq.;
(9) All projects in the
				  local agency application under the Act that are located Federal-Aid Highways
				  and are to be financed in whole or in part from federal ER funds under an
				  approved ER program, shall be transferred to and administered by Caltrans in
				  accordance with Title 23 United States Code. A separate local agency-Caltrans
				  state agreement will be entered into covering those ER projects that are
				  transferred and Caltrans will provide a copy of the agreement to Cal
				  OES;
(10) Caltrans will reimburse
				  the local agencies any and all eligible amounts due them from the share of
				  costs assessable against federal ER funds or a prorated amount if the federal
				  allocation of ER funds for the disaster is insufficient to meet all eligible
				  costs; and,
(11) When all work is
				  satisfactorily completed and the agreement is administratively closed, Caltrans
				  will provide all final documentation and the closing date of the agreement to
				  Cal OES. This will allow Cal OES and Caltrans to make a final settlement with
				  local agencies on the approved and accepted projects relating to Federal-aid
				  Highways, non-Federal-aid Highways and other public facilities restored or
				  replaced under the Act.