Washington State Ecology Department Issues Public Comment on FEMA Notice

WASHINGTON, May 16 -- Brian Lynn, coastal and shorelands section manager of shorelands and environmental assistance program at the Washington State Ecology Department, Olympia, has issued a public comment on the Federal Emergency Management Agency's notice entitled "Hazard Mitigation Assistance: Building Resilient Infrastructure and Communities". The comment was written on May 11, 2020, and posted on May 13, 2020:

* * *

The Department of Ecology's Shorelands & Environmental Assistance (SEA) Program partners with FEMA Region X and many other state and federal agencies, local governments, tribes, academic institutions, non-profits, and consultants on the following activities:

* FEMA Hazard Mitigation Coordination: The SEA Program includes Washington's floodplain management program. This partnership with FEMA includes the implementation of the National Flood Insurance Program (NFIP), delineation and evaluation of flood and channel migration risk, assistance to local governments on protection of endangered species compliance, and additional state programs and guidance that place an increased focus on integrated floodplain management and addresses the delicate balance between flood risk reduction, resource protection, and land use development.

* State Hazard Mitigation Coordination: The SEA Program has a strong coordination relationship with the Washington Military Department - Emergency Management Division (EMD). The program helps develop and implement the state Enhanced Hazard Mitigation Plan, participates in interagency coordination (e.g., Washington Silver Jackets), and provides hazard mitigation project and planning assistance.

* State Leadership on Floodplain and Coastal Resilience Initiatives: The SEA Program partners with FEMA and other state and federal agencies, local governments, Tribes, academic institutions, non-profits, and consultants on forward thinking initiatives and program improvements. This includes leadership in an all hazards approach to Risk MAP, the management of the state Floodplains by Design Program with the Nature Conservancy, and the delivery of multi-agency assistance to communities to move from risk information to mitigation action.

Based on our experiences and expertise, we are encouraged and supportive of FEMA's effort to create the BRIC Program. There are several areas of the new policy that are going to be extremely helpful to our existing work and future directions. Specifically, we are pleased to see the following additions:

* State and territory allocations for pre-disaster funding

* Inclusion of the "capability and capacity building" and "technical assistance" eligibility

* Recognition of equity issues in risk management and mitigation efforts

There are also areas of the BRIC Program that could be enhanced to better align with more comprehensive and integrated planning for natural hazard management and project design, which include:

PRINCIPLES

* Include integrated planning and multi-benefit project design in BRIC Principles and Activity Eligibility Criteria.

Floodplains and coastal areas are vital to the ecological health of the state. They are critical to the economic vitality, cultural heritage and quality of life provided by our region. Adding a multi-benefit approach to the BRIC Principles will encourage collaborative and innovative projects that support the integration of hazard reduction with ecological preservation and restoration, preservation of agriculture, improvements in water quality, and increased public access and recreational opportunities.

FUNDING

* Six-percent set-aside for pre-hazard mitigation should be increased to meet the interests and needs of state and territories, tribes, and communities.

Communities already struggling to survive are more vulnerable to the consequences of disaster events. Upfront investment in mitigation has direct benefits of risk reduction, but equally important is the contribution it can make to economic growth, environment, and well-being of communities - building robust systems that are fundamental to recover quickly and strategically. Six-percent set-aside is insufficient for this critical and valuable work.

* The requirements for distribution of BRIC funds should not be contingent on a disaster declaration.

Washington State and coastal communities are at a disadvantage when competing for grant funding under the existing funding structure. This approach poses two key problems:

1) West coast states face different types of hazards than east coast states. These hazards tend to be slower-moving and location-specific in nature, or looming threat of a catastrophic earthquake/tsunami, rather than the major storms which batter east coast states annually.

While still extremely damaging and overwhelming for community resources, these hazards (erosion, flooding, landslides, tsunami, etc.) tend not to attract disaster declarations. As a result west coast states will likely receive a disproportionate amount of BRIC funding.

2) The post-disaster distribution funding model is unreliable and inefficient. This directly influences the ability for the state and communities to access and leverage these resources to accomplish federal objectives on-the-ground.

* Include multi-year awards for state and territory, and tribal set-aside Allocation in BRIC Requirements.

Community visioning and consensus building can often take years, especially for tailored solutions that balance competing and often conflicting interests (political, social, economic, environmental, etc.). Many local governments have high turnover and limited staff time and expertise to plan and design comprehensive hazard mitigation projects. A multi-year award program as part of BRIC will increase efficiency and effectiveness, cost savings, enhance coordination and collaboration across jurisdictions and agencies, leverage existing programs.

* Remove the maximum federal cost share requirements for small impoverished communities.

In addition to addressing the adverse consequences of hazards on communities (e.g., health, safety, welfare, environmental), one of the main priorities of hazards resilience planning is the recognition that some areas and communities will be disproportionately affected by the consequences of chronic and episodic disaster events. Environmental and economic costs tend to disproportionately impact lower income and marginalized groups. Comprehensive (large-scale) mitigation projects will have similar costs, however, small impoverished communities will not have the ability to meet match requirements of this grant program, even at a 90% federal cost share. Therefore, this program will continue to be inaccessible and inequitable without a system that allows flexibility. The BRIC Program should remove the maximum federal cost share requirements for small impoverished communities with a sliding scale or other creative match solutions like allowing applicants to use a process similar to Hazard Mitigation Grant Program's Global Match.

* Create a state and territory, and tribal revolving fund for expedited reimbursement after completion of eligible activities.

FEMA mitigation grants typically take a number of years to complete. Where states can develop a limited program that responds more quickly to mitigation needs, the BRIC program should provide support for these efforts.

ACTIVITY ELIGIBILITY CRITERIA & USES OF ASSISTANCE

* Broaden the menu of cost effectiveness standard benefits that can be utilized in order to simplify and expedite the process of developing a benefit-cost analysis.

Cost-effectiveness requirements should include standard benefits of ecosystem services, conservation, public access, tourism, and cultural importance of projects and planning practices that reduce long-term risk. While FEMA's benefit-cost ratio allows flexibility to include areas outside the standard values, the necessary rationale and documentation can be inaccessible - especially for small impoverished communities. This acts as a barrier to federal funding. By broadening the menu of cost effectiveness standard benefits in the federal policy, the BRIC program will incentivize integrated planning and multi-benefit project design.

* Include avoidance measures like acquisition for restoration and open space preservation as eligible activities.

The preservation and enhancement of natural areas can play a fundamental role in avoiding and reducing risk in existing and future hazard areas, and provide co-benefits like public access, recreation opportunities, and environmental protection.

* Include monitoring and evaluation of mitigation projects as eligible activities.

Creative and innovative mitigation projects will require monitoring and analysis to measure performance, inform adaptive management, and incorporate best practices into engineering design guidelines, and reduce unintended affects and consequences.

* Provide states, territories, and local governments protection from public disclosure of risk data.

Currently, much of the risk data is personally identifiable (building specific information, NFIP policies, and NFIP claims, etc.). Therefore, this information is subject to the Federal Privacy Act and subject to public disclosure in Washington State. This creates a barrier by limiting the distribution and communication of risk data to the various professionals who support the development of risk reduction plans and projects.

We appreciate the opportunity to provide feedback on this important investment by the federal government. Avoiding development in hazardous areas and reducing risk before disasters occur provides benefits to the environment, economy, and values of our communities. Thank you again for your efforts to produce a more proactive approach to emergency management.

Please contact me if you need further information or have any questions.

Respectfully,

Brian Lynn

Coastal/Shorelands Section Manager

Shorelands & Environmental Assistance Program

Washington State Department of Ecology

For Further Information Contact:

Bobbak Talebi

Senior Planner

Shorelands & Environmental Assistance Program

Washington State Department of Ecology

[email protected] | 360-819-3014

* * *

The notice can be viewed at: https://www.regulations.gov/document?D=FEMA-2019-0018-0001

TARGETED NEWS SERVICE (founded 2004) features non-partisan 'edited journalism' news briefs and information for news organizations, public policy groups and individuals; as well as 'gathered' public policy information, including news releases, reports, speeches. For more information contact MYRON STRUCK, editor, [email protected], Springfield, Virginia; 703/304-1897; https://targetednews.com