CR 22-025 Rule Text

6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:

There are no existing or proposed federal regulations intended to address the activities to be regulated by the elimination of WEM 7.03(1)(b).

7. If Held, Summary of Comments Received During Preliminary Comment Period and at a Public Hearing on the Statement of Scope:

No such hearing was held.

8. Comparison with Similar Rules in Adjacent States:

While there are no existing or proposed federal regulations intended to address the specific activities to regulated by the elimination of WEM 7.09(1)(b), to be eligible for federal disaster funds under the Stafford Act, 42 U.S.C. ch. 68, the governor must "find" that a disaster has occurred before he/she can ask the president for a disaster declaration that would trigger availability of federal disaster relief funds. The request to the president must be made within 30 days of the incident.

Illinois -

WEM did not find any administrative rules regarding state-funded disaster assistance programs for local governments that were tied to a local governmental unit disaster or emergency declaration.

Iowa -

Iowa does have an administrative rule that addresses general “financial assistance for disaster recovery” to local governments and others, but the rule addresses assistance tied to the issuance of a presidential disaster declaration. No rule governing state financial assistance to local governmental units upon a state or local disaster declaration was found.

Michigan -

Under Michigan’s administrative rules, local governments applying for disaster funds have to declare an emergency in a “timely manner.” Mich. Admin. Code R 30.53. No definition of “timely manner” and no other provision requiring that a disaster declaration be made during the duration of the disaster were found in the rules.

Minnesota -

WEM did not find any administrative rules regarding state-funded disaster assistance programs for local governments that were tied to a local governmental unit disaster or emergency declaration.

9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:

When WEM reminded local jurisdictions that WEM 7.03(1)(b) requires the issuance of a disaster declaration within the incident period, it received numerous communications about the impact of the current requirement. The comments indicated that, when disaster strikes, local jurisdictions spend their time in the immediate response phase, assisting their citizens and protecting life and property from further damage. Many leaders of local jurisdictions wear multiple “hats” that require them to try to manage a disaster, while responding at the same time.

Comments also indicated that incidents that are wind/tornadic related or “quick hitting” happen so fast that it is impossible for jurisdictions to declare an emergency within the incident period. This is especially true in small towns and rural areas of the state where an incident can cut off communications and infrastructure to making the timely declaration. This is also true if the incident occurs during the night hours, when the overall impact of the incident doesn’t become apparent until the daylight hours the next day, leaving the jurisdiction ineligible for disaster fund assistance if it was unable to declare a disaster during the incident timeframe.

10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:

The proposed rule is not anticipated to have any effect on small business. Please see the accompanying Fiscal Estimate and Economic Impact Analysis.

11. Effect on Small Business (initial regulatory flexibility analysis):

The department expects no economic impact on small businesses directly related to these proposed rules. The proposed rule does not impose any compliance, service standards, or reporting requirements on small businesses.

12. Agency Contact Person:

Robby Stoikes, Recovery Section Supervisor, Wisconsin Emergency Management, Department of Military Affairs, [phone], [e-mail].

13. Place where comments are to be submitted and deadline for submission:

Written comments may be submitted at any public hearings, by regular mail, or email to:

Department of Military Affairs

ATTN: Wisconsin Emergency Management 2400 Wright Street

Madison, WI 53704

Comments may be submitted to the department office listed above or to [e-mail] until the day of the public hearing, which will be held at the SW State Patrol Office, 911 W. North St., DeForest, WI, 53532, on Thursday, April 28th, 2022, at 1:00PM. A notice of the hearing will be published on the department’s emergency management division webpage, https://wem.wi.gov/, and in the Wisconsin Administrative Register.

RULE TEXT

SECTION 1. Section WEM 7.03(1)(b) is deleted and WEM 7.03(1)(c)-(f) are renumbered to WEM 7.03(1)(b)-(e): WEM 7.03 Eligibility criteria.

(1)

The division may make payments to eligible local governmental units under this chapter upon receipt and consideration of an application if the administrator determines all of the following:

(a)

The local governmental unit has suffered a major catastrophe.

(b)

A disaster or emergency declaration was issued by the local governmental unit or the state during the incident period of the major catastrophe.

(c)

(b) The damages suffered and eligible costs incurred are the direct result of a major catastrophe.

(d)(c) Federal disaster assistance is not available for that major catastrophe because the governor’s request that the president declare the catastrophe a major disaster under 42 USC 5170 has been denied or where no federal assistance is requested because the major catastrophe does not meet the statewide or countywide per capita impact indicator under the public assistance program guidelines issued by the federal emergency management agency.

(e)

(d) At least one local governmental unit within the county or a tribal governmental unit has incurred public assistance costs that equal or exceed the countywide per capita impact indicator under the public assistance program guidelines issued by the federal emergency management agency. Only local units of government that reach this threshold will be eligible for assistance.

(f)

(e) The local governmental unit will contribute at least 30% of the total amount of eligible costs incurred from the major catastrophe from other funding sources.

SECTION 2. EFFECTIVE DATE. This rule shall take effect on the first day of the first month commencing after the date of publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

Dated at Madison, Wisconsin   .

STATE OF WISCONSIN DEPARTMENT OF MILITARY AFFAIRS

BY     PAUL E. KNAPP

Maj Gen, WI Department of Military Affairs The Adjutant General