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Show Me the Money: Financial Recovery after Disaster Premium Content

Friday, April 18, 2008 - by TPM Staff

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The United States is unique in its far-reaching financial assistance programs

for disaster-impacted areas. Communities that request and receive

presidential disaster declarations are eligible to receive financial

assistance through the Federal Emergency Management Agency (FEMA) for

specific recovery activities.The U.S. Departments of Agriculture and Housing

and Urban Development and the U.S. Small Business Administration, among

others, have disaster assistance programs, as well. Programs include reimbursement

for emergency response costs such as overtime and financial support for

the repair of damaged public infrastructure.While President GeorgeW. Bush

provided 100 percent funding for emergency work for communities impacted

by Katrina, other categories require some matching funds from the

devastated state and local governments.At the same time, these local governments

are losing revenues as residents and businesses struggle to recover from

the disaster.

Federal Aid and Local Financial Responsibility

The RobertT. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.Code 5121 et seq. as amended) aids disaster-damaged communities through

public assistance programs.Following a presidential declaration of a state of emerbygency or disaster, these programs may be accessed by state

and local governments and by nonprofits fulfilling governmental

functions.Table 1 shows the activities that qualify

for federal financial support.The federal contribution

is consideredsupplementary assistance,so the federal share

is not less than 75 percent of eligible costs, and the state

determines how to apportion the remaining 25 percent

between the state and local governments. In California, for

example, the state pays 75 percent of the 25 percent remaining

after the federal reimbursement, and the local government

pays the remaining 25 percent of the cost share.

Category B,Emergency ProtectiveMeasures,is themost

comprehensive category. It includes pre-impact activities

undertaken to protect the community and its residents, as

well as immediate response to the disaster (Table 2).For example, responding to animmediate threat,defined

by the federal government as something that

could happen within the next five years, communities may

open the emergency operations center to coordinate preparation

and response to the imminent disaster, activate emergency

communications systems, provide emergency

public transportation, and conduct post-disaster building

inspection. Reimbursable costs associated with Category

B include employee overtime,materials, equipment, and

contracts awarded for eligible work.

As shown inTable 3, eligible applicants may be governmental

entities or private,nonprofit organizations fulfilling

a governmental function.Direct federal assistance may also be offered when the

severity of the disaster precludes response by local or state

government.The state may request that CategoryA or B

emergency work be performed directly by a federal agency.

FEMA uses the National Response Framework and emergency

support functions to assign the work, which may

be performed by federal employees, or through a federal

contractor.

On the basis of the severity of the event, the president

may raise the federal cost share for Category A and

B work up to 100 percent.For example, in theAugust 29,

2005, supplemental declaration for the state of Louisiana,

President GeorgeW. Bush ordered 100 percent federal

funding for emergency protective measures, including direct

federal assistance, for the first seventy-two hours after

the storm.This still leaves the state and local jurisdictions

with a significant financial responsibility for the cost of

response to and recovery from disasters. For example, after

the first seventy-two hours, the state was responsible

for 25 percent of the cost for the Coast Guard rescue work

and the logistics support of the Army. In Louisiana, the

state and federal governments disputed the $1.2 billion

state cost share of federally provided emergency assistance,

with the state auditing the federal purchases before agreeing

to an amount.Except for direct federal assistance, all other work is

performed on a cost-reimbursement basis.This means that

the government making the contract with the vendor,usually

the local (municipal or county) government,must pay

for all of the costs and then request reimbursement from

FEMA for the federal share.Generally,FEMA pays about

80 percent of the requested amount pending an audit, at

which time the balance owed is paid on the basis of a determination

of allowable costs.This means that the local

government may have to wait several years to receive

the full federal share of the cost of the work and, in some

cases, for the states share.

Disaster Impact on Local

Financial Resources

Local governments in the United States rely on several

sources of income.The most common are real-estate

taxes, sales and use taxes, and the local share of state income

taxes.They are required to balance their budgets,

and they generally have little or no extra funding for disaster-

related expenses.This means that as soon as personnel

are placed on unexpected overtime or an emergency contract

is made, the local governments budget is out of balance.

Although the typical cost-share of disaster response

expenses is 75 percent federal, 18 percent state, and 7 percent

local, the local government must find the 7 percent

in its existing budget by eliminating some other service

or activity that was in the original plan.

Moreover, disasters often take revenue away from local

governments. For example, areas that rely on tourism

will see a decline in visitors immediately after a disaster,

thereby reducing tourism-related revenues, such as the transient

occupancy tax collected for hotel stays and sales tax

generated through restaurants and shops. Even though

FEMA employees may flood the area after a disaster, the

federal government pays neither the local sales tax nor the

transient occupancy tax for the hotel rooms.

Even communities without tourism as an economic

engine will see changes in the revenue profile. Severe

disasters may force businesses to close for a time, further

reducing retail and business-to-business sales taxes. Real

property may have to be reassessed downward on the basis

of severe damage from the disaster.For example, if the

building is destroyed by 50 percent or more, the property

assessment may be reduced to the value of the land.

In addition, the local government may have costs not

covered by the federal assistance programs, so it will have

to pay all the expenses.This may include activities suchas replacement of lost trees or cleanup of office spaces

where hazard mitigation was not conducted.

Even when work is part of one of the eligible categories

of work, the local government will have to find its

7 percent share from its disaster-depleted revenue, while

at the same time trying to keep its employees paid. For

a small community with little excess income, this may be

devastating. Even New Orleans, with normal revenue of

$39 million per month in taxes and fees, $13 million per

month in sales taxes alone,was forced to lay off a substantial

percentage of its employees in the immediate aftermath

of Hurricane Katrina because of the significant loss of revenue.

In fact, at one point its only revenue was $2 million

per month from Harrahs Casino, which had a contractual

obligation to pay its taxes to the city whether or

not it was open.

Community Disaster Loans

Another type of federal assistance is the Community

Disaster Loan Program.This loan is available to a community

with a disaster-related drop in revenues of 5 percent

or more that can demonstrate the need for federal

assistance to maintain essential services.However, this assistance

is limited to no more than 25 percent of the annual

operating budget and to no more than $5 million.

Under some circumstances, the loan may be converted

to a grant after three years, but in the immediate recovery

period, the loan remains part of the local governments

financial portfolio and will impact its ability to borrow

from other sources.

Preparing for Disaster

Financial Recovery

Although disasters may not be preventable, local governments

can take steps to lessen the impact of similar future

events.

Mitigation

Disaster mitigation is a keystone of emergency preparedness.

As one of the four phases of emergency management,

mitigation offers agencies the opportunity to

take steps in advance of known threats that will lessen their

impact on the residents and infrastructure of a community.

Mitigation may include strengthening building

codes, changing land-use and zoning regulations, and infrastructure

development.

Financial mitigation is as important as physical mitigation

to the well-being of the residents and the ability

to recover community functions. Although few communities

can afford to develop an adequate rainy day

fund to protect themselves, reasonable steps can be taken

to mitigate the financial impact of a disaster.

Threat Analysis

Every community should undertake a thorough threat

analysis. Understanding the probabilities of various hazards

impacting the community will guide the level of expenditure

on mitigation activities. First, a community

should inventory the hazards in the area:hurricane, earthquake,

flood, wildland urban interface fire, and tornado

or human-caused disruptions.Second, it should determine

the likelihood and frequency of the hazards occurrence.

Third, it should inventory the impacts of the hazard to

people and property.

The community should then develop its emergency

plan on the basis of the hazards with a high frequency and

significant impact. Hurricane Katrina caused the loss of

four hundred thousand jobs along theMississippi Gulf Coast

alone.Biloxi suffered the loss of six thousand buildings,or

about 20 percent of its homes and business structures.

Emergency Management

Communities should invest in professional emergency

management.An emergency management staff should be

hired, or developed, with the skills to create a meaningful

emergency plan for the community and a functional

emergency operations center. The staff should be empowered

to train local government staff members in their

emergency response roles.Annual exercises of the emergency

plan keep it up to date and the staff knowledgeable.

In the post-disaster environment, the professional

emergency manager will be able to negotiate with the state

and FEMA on behalf of the local community to ensure

that appropriate financial assistance is received. Development

of an agreement with the state on the cost share

and creation of an initial project worksheet are both crucial

in obtaining the greatest state and federal assistance

for disaster response and recovery.

Revenue Analysis

Communities should carefully evaluate their sources

of revenue for disaster vulnerability.Real-estate and sales

taxes are especially vulnerable to disaster interruption or

reduction. Industries that produce the greatest revenue

streams for a community should be encouraged to develop

emergency response and business continuity plans and toobtain business continuity insurance policies to aid their

rapid recovery to revenue generation.

For example, Biloxi, Mississippi, had as its three major

sources of revenue the 4 percent tax on gaming revenues,

ad valorem tax on real estate, and sales tax.The gaming

tax accounted for about $20 million annually, about

one-third of local revenue. Sales tax was one-quarter of

its income, and the property tax was less then 20 percent.

Moreover, about ten thousand jobs in Biloxi were related

to gaming and tourism.

Hurricane Katrina hit Biloxi one month before the

end of the fiscal year, so the greatest impact was felt in

200506.For that year, gaming revenue was down 45 percent,

and sales tax was down 24 percent.The city was

forced to suspend all nonstorm capital projects, reduce

staffing, and decrease municipal programs and activities

across the board, just when the demand for post-storm

services was highest.Although Biloxi received more than

$37 million in federal grant reimbursements that year, it

represented only 75 percent of its storm-related reconstruction

costs.The 25 percent matchhad to come from

the communitys storm-depleted revenue base.

A further impact was seen on Biloxis bond rating.Due

to its loss of revenue, the citys bonds went from an A

rating toBBBpost-Katrina.This means that all the bonds

sold to pay for recovery carried a significantly higher interest

burden than previous capital improvement bonds.

Selling as much bonded indebtedness as the city needed

to complete repairs was also difficult.

Public Education

Another important mitigation step is bringing residents

and businesses into the preparedness process.The

community should offer educational programs to encourage

every community member to be self-sufficient

for at least seventy-two hours.Community conditions may

dictate a longer self-sufficiency period.The emergency

management staff should ensure that residents are familiar

with the threats to the community and knowledgeable

about evacuation routes and probable shelter locations

(at least by category, such as high school gyms) and

have out-of-area phone contacts and a family emergency

response plan. FEMAs community emergency response

training offers excellent resources for community training

and preparedness. Residents and businesses can take

private mitigation steps to protect their own property before

the disaster.

Business Pre-Disaster Mitigation

Mitigation is especially important for tax-and-fee revenue-

generating members of the business community.

Their ability to stay in business is an important part of community

recovery.The jobs they support will help to keep

the community intact, allowing employees to recover and

keep their bills paid.The flow of tax revenue will support

the local governments disaster recovery.

However, small businesses are inevitably hard hit by

disaster.USAToday reported that 7,900 businesses in southeast

Louisiana, including New Orleans, closed between

the Katrina and the fourth quarter of 2006.The smaller

the company, the higher the failure rate, they noted.

Remaining businesses faced daunting problems with insurance

and the lack of employees, customers, and supplies.

Even larger businesses suffer when employees are

forced from their communities.A Public Entity Risk Institute

study of small- and medium-sized businesses found

that pre-disaster efforts at mitigation were a good predictor

of staying in business after the disaster.

Insurance

Insurance offers the best opportunity for rapid financial

recovery. Local governments should review their property

insurance policies regularly to ensure that they are

appropriate to the threat level and hazard type within the

community.For example,FEMA flood insurance provides

resources to quickly rebuild damaged facilities at a reasonable

premium. If a public facility has once been flood

damaged in excess of $5,000 value and received federal

financial assistance for repair, flood insurance is required

for that property.Workers compensation and liability insurance

policies should be written to include disaster clauses.

The risk management unit should be an active partner

in emergency planning in every community.

FEMA assistance does not cover insured property until

the proceeds of the policy are used.Communities should

select deductibles and extent of coverage with FEMAs

duplication of benefits policy in mind. Based on

StaffordAct requirements, anticipated insurance proceeds

are deducted from the eligible repair costs in determining

FEMAs share.

Financial insurance policies are also an important part

of the communitys emergency plan.Various instruments

are available to insure the community against an inability

to repay certain debts and loans.Revenue streams may

also be insurable.For example, the state ofMississippi lost

$500,000 per day when Hurricane Katrina destroyed itsfloating casinos, putting fourteen thousand people out of

work. Because taxes on the gaming industry represented

35 percent of Biloxi,Mississippis, total revenue, the city

held a $10 million business interruption insurance policy

to protect their gambling revenues in the event the casinos

did not operate due to disaster.This was a critical element

in Biloxis rapid recovery from Hurricane Katrina,

as they ultimately collected more than $900,000 in gambling

revenue losses through this policy.

Conclusion

Biloxis experience demonstrates that pre-disaster planning

and mitigation can result in the ability to recover,

even after a catastrophic event.The inability to adequately

mitigate against catastrophe can leave a community

without revenue on which to base its recovery. Sales and

property taxes are directly affected by natural disasters, as

are the basic industries on which a communitys prosperity

is based. Communities should invest in adequate threat

assessment, emergency preparedness, and response capabilities

in concert with their major industries.They should

also undertake physical and financial mitigation measures

to lessen the damage and thereby speed the recovery of

the community after disaster.

Show Me the Money: Financial Recovery after Disaster

Communities of Practice:   Government

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