Client Alert: Public Agencies May Apply for Public Assistance from FEMA: Eligible Expenses and Procedures

Public agencies (counties, cities, and special districts) may incur emergency-related expenses while responding to COVID-19. Will aid from the state or federal government be available?

Yes, for eligible emergency-related expenses. The Federal Emergency Management Agency (“FEMA”) already has procedures in place to handle reimbursement requests from public agencies related to the COVID-19 response. Cities and special districts that have incurred at least $3,300 in emergency-related expenses may be eligible for reimbursements from FEMA. FEMA coordinates with the California Governor’s Office of Emergency Services (“Cal OES”) to implement the Public Assistance Program. FEMA provides funds for approved public assistance requests to Cal OES, who then distributes public assistance awards. The federal stimulus package, seemingly on its way toward approval, is expected to increase funding for state and local government emergency-related expenses.

What are eligible reimbursable expenses for public agencies?

For the COVID-19 emergency, eligible reimbursable expenses for public agencies are limited to activities within Category B, Emergency Protective Measures. Emergency Protective Measures are those related to the management, control, and reduction of the COVID-19 public health threat. Such measures must be consistent with direction or guidance from public health officials. Examples include:

  • Expenses related to protecting personnel (e.g., sanitization of facilities, retooling employees for telework, replenishing materials stockpiles);
  • Communicating health and safety information to the public;
  • Emergency Operation Center-related costs;
  • Purchase and distribution of necessary supplies and equipment; and
  • Emergency medical care (e.g., treatment, facilities, shelters, equipment, transport).

Takeaway: Keep track of direction and guidance from public health officials, and keep track of expenses that may be associated with responding to COVID-19.

My public agency provides utility service (e.g., water service). As part of the COVID-19 response, what if we continue providing utility service without payment? Will these costs be eligible for reimbursement?

Possibly. FEMA does not provide public assistance funding for lost revenue as a result of COVID-19. However, if a city, county, or the state mandates continued service despite nonpayment, then these costs may become eligible for reimbursement. This is because continued service keeps residents in their homes – a critical part of the COVID-19 emergency response. Also, if a continued service order comes down, it is possible these expenses are attributable to the ordering agency instead of the utility provider. Therefore, special districts should be prepared to coordinate with cities and counties to submit requests for public assistance.

When should my public agency submit a Request for Public Assistance (“RPA”) to FEMA?

As soon as your agency has incurred, or anticipates incurring, emergency-related expenses. Eligible expenses may be further formulated during the RPA process. FEMA has already extended the deadline for RPAs. The window for RPAs related to COVID-19 will remain open until the federal government declares otherwise.

If my public agency plans to submit a Request for Public Assistance, what must we make sure of?

RECORDS, RECORDS, RECORDS. Maintain and track records of all possible emergency-related expenses incurred as a result of your agency’s COVID-19 response. Supporting documentation will be required for all claimed expenses and also must be able to withstand a FEMA audit. Retain all documents related to, for example: personnel costs, used/purchased/rented materials, contractual services, donated resources and volunteer time, mutual aid resources provided/received.

How do I submit a Request for Public Assistance to FEMA?

  • FEMA administers aid through its online Public Assistance Grant Portal (available at https://grantee.fema.gov/).
  • Confirm whether you have a registered account for FEMA’s Grant Portal.
    • If your public agency has previously submitted an RPA to FEMA using this system, then you should already have an account.
    • If your public agency has not previously submitted a request to FEMA using this system, contact Cal OES by sending an email to disasterrecovery@caloes.ca.gov. Cal OES will set up your account so you can then submit an RPA. Provide the following information to Cal OES: (i) subject; (ii) name of your agency; (iii) name of contact person; (iv) phone number; (v) email address.
  • Follow the procedures in FEMA’s Public Assistance Grant Portal.

Additional Helpful Links:

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950, Barbara Brenner at barbara@whitebrennerllp.com, Douglas White at doug@whitebrennerllp.com, or Nubia Goldstein at nubia@whitebrennerllp.com.