ESBD_487724_1770386166690_Exhibit J.9 - State of Texas Administrative Plan for Public Assistance.pdf

STATE OF TEXAS

ADMINISTRATIVE

PLAN

P U B L I C A S S I S T A N C E

2 0 2 5

Approving Authority Title: State of Texas Administrative Plan for Public Assistance and Fire Management Assistance Grant Program Annex

Effective Date: January 1, 2025

TDEM Chief:

Signature Date

4/2/2025

Revisions

Rev. 1: Overall language revisions to improve clarity throughout the document.

Rev. 2: Superficial changes to update dates and titles.

Rev. 3: Updated the definition of a Small Project.

Rev. 4: Added the Quality Assurance & Grants Division Chief and updated Quality Assurance

Staff description.

Rev. 5: Updated 2 CFR and 44 CFR references throughout.

Rev. 6: Clarified language regarding documentation needed for small project reimbursement and closeout.

Rev. 7: Updated financial management verbiage Rev. 8: Updated organization chart.

The State Administrative Plan, prepared by the Texas Division of Emergency Management provides citations of the laws, regulations, and policies that state procedures must comply with to meet Federal program and grant administrative requirements.

Table of Contents

PURPOSE, AUDIENCE AND AUTHORITY

PURPOSE

AUDIENCE

STATE AUTHORITIES

FEDERAL AUTHORITIES

ACRONYMS AND DEFINITIONS

ORGANIZATION & ASSIGNMENT OF RESPONSIBILITIES

ORGANIZATION

ASSIGNMENT OF RESPONSIBILITIES

ADMINISTRATION

RECOVERY AND PUBLIC ASSISTANCE OPERATIONS PERSONNEL

PUBLIC ASSISTANCE OPERATIONS

PRE-DECLARATION ACTIVITIES

POST DECLARATION ACTIVITIES

PUBLIC ASSISTANCE ADMINISTRATION AND FUNDING REQUIREMENTS

RECORDS AND REPORTS

MANAGEMENT COSTS

DEVELOPMENT AND MAINTENANCE

SPECIAL CIRCUMSTANCES

CALENDAR YEAR 2025 CLOSEOUT GOALS

ORGANIZATIONAL CHART

State of Texas Public Assistance State Administrative Plan 1

Purpose, Audience and Authority Purpose The purpose of this plan is to identify the roles and responsibilities of the state of Texas in administering the Public Assistance (PA) and Fire Management Assistance Grant (FMAG) programs, outline staffing requirements and the policies and procedures to be used.

The state of Texas assures the Federal Emergency Management Agency (FEMA) that it shall comply with all applicable federal statutes and regulations in effect with respect to the periods for which it receives grant funding, including those listed under state and federal authorities below. The state of Texas acknowledges that funding under the FEMA PA program and FMAG programs are conditional upon the state’s compliance with all terms and conditions of the FEMA-State Agreement and all applicable federal laws, rules, and regulations.

This plan is effective for all disasters declared on or after January 1, 2025. In accordance with 44 CFR § 206.207, this plan will be updated or amended as needed following each major disaster declaration. At a minimum this plan is updated annually (44 CFR § 206.207(b)(3)). Any revised plan will be submitted to FEMA for approval of the regional administrator prior to the award of PA program funding.

Technical assistance from FEMA was not requested for the development of this plan (44 CFR § 206.207(b)(2)).

Audience Federal Emergency Management Agency (FEMA)

Texas Division of Emergency Management (TDEM)1

State Authorities Texas Disaster Act of 1975, as amended

Executive Orders of the Governor

State of Texas Emergency Management Plan and Standard Operating Procedures (SOP) for Fire Suppression Operations, Addendum L, to the State Operations Center (SOC) SOP

Uniform Grant and Contract Management Act (Texas Government Code, Chapter 783)

1 Designated as the State Agency having responsibility for program administration (44 CFR § 206.207(b)(i))

State of Texas Public Assistance State Administrative Plan 2

Federal Authorities Public Law 93-288, as amended (Stafford Act)

Disaster Mitigation Act of 2000

44 CFR Parts 204, Fire Management Assistance Grant Program

44 CFR Part 206 Federal Disaster Assistance

44 CFR 206.207(a) Administrative and Audit Requirements

Executive Order 11988, Floodplain Management

Executive Order 11990, Protection of Wetlands

Executive Order 12372, Intergovernmental Review of Programs and Activities

Executive Order 12549, Debarment and Suspension

Executive Order 12612, Federalism

Executive Order 12699, Seismic Design

Executive Order 12898, Environmental Justice

Coastal Barrier Resources Act, Public Law 97-348

Single Audit Act, Public Law 98-502

2 CFR Part 3002, 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

Sandy Recovery Improvement Act publications

Disaster Recovery Reform Act of 2018

National Historic Preservation Act, 16 U.S.C. § 470, Endangered Species Act References, 16 U.S.C. § 1531, Solid Waste Disposal Act of 1965, Section 6002 as amended by the Resource Conservation and Recovery Act

FEMA program publications, guidance, and policies

FEMA-State Agreements

State of Texas Public Assistance State Administrative Plan 3

Acronyms and Definitions Advance Payment: A payment that a federal awarding agency or Pass-through Entity makes by any appropriate payment mechanism, including a predetermined payment schedule, before the subrecipient disburses the funds for program purposes.

Applicant: A state, local, tribal nation government, other legal entity, or certain private non-profit organizations that receive a subgrant award and which is accountable to the grantee for the use of the funds provided. The applicant, once a subgrant is awarded, is also referred to as the subgrantee or subrecipient.

Alternate Project: A subrecipient may determine that the public welfare would not be best served by restoring a damaged facility or its function to the pre-disaster design. In this event, the subrecipient may use the PA funding for permanent restoration on that facility for other purposes. FEMA approval must be obtained prior to start of construction.

Assistance Listing Number: Formerly known as Catalog of Federal Domestic Assistance (CFDA) - the number assigned to a federal program.

Audit Finding: Deficiencies noted by an auditor as required by 2 CFR § 200.516 Audit findings, paragraph (a) to report in the schedule of findings and questioned costs.

Auditee: Any non-federal entity that expends federal awards funds requiring an audit in accordance with 2 CFR 200, Subpart F—Audit Requirements.

Auditor: A public accountant or a federal, state, local government, or tribal nation audit organization, which meets the general standards specified for external auditors in Generally Accepted Government Auditing Standards (GAGAS). The term auditor does not include internal auditors of nonprofit organizations.

Closeout: The process in which the federal awarding agency or pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and takes actions as described in 2 CFR § 200.344 Closeout.

Corrective Action: Action taken by the auditee that:

(a) Corrects identified deficiencies;

(b) Produces recommended improvements; or

(c) Demonstrates that audit findings are either invalid or do not warrant auditee action.

Cost Sharing: The portion of project costs not paid by federal funds (unless otherwise authorized by federal statute). This term includes matching, which refers to the required levels of cost share that must be provided. See also 2 CFR §200.306 Cost sharing.

Critical Services: Private non-profit critical services include power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, educational, communications, emergency medical care and fire/rescue service.

Disallowed Costs: Charges to a federal award that the federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable federal

State of Texas Public Assistance State Administrative Plan 4 statutes, regulations, or the terms and conditions of the federal award.

Disaster District Committee (DDC): A geographically based emergency operation committee chaired by local TDEM commanding officers. The committee consists of representatives from geographically based state agencies, boards, commissions, and organized volunteer groups.

The purpose is to coordinate response activities and assets, and to support statewide disaster events.

Disaster Specific Administrative Plan (DSAP): The DSAP describes additional specific details for managing a specific disaster by the Texas Division of Emergency Management, in accordance with 44 CFR 206.207(b)(3).

Emergency Management Mission Integrated Environment (EMMIE): Computer information system utilized by FEMA in management of PA grants. This system is currently being phased out by FEMA and will be replaced by FEMA Grant Outcomes and FEMA’s Grants Portal.

Emergency Work: Work which must be done before, during, and immediately after a disaster event to save lives and to protect improved property and public health and safety or to avert or lessen the threat of a major disaster. Under the PA Program, Category A (Debris Removal), and Category B (Emergency Protective Measures) are referred to as Emergency Work.

Expedited Funding: Expedited payments can be made to subrecipients who participated in the Preliminary Damage Assessment (PDA), who have applied for PA, and who have Category A or Category B projects that meet or exceed the Large Project threshold.

Federal Award: The federal financial assistance that a non-federal entity receives directly from FEMA, indirectly from a pass-through entity or instrument such as the FEMA-State Agreement, cooperative agreement, or other agreement setting forth the terms and conditions of the financial assistance.

Federal Award Date: The date when the federal award is signed by the authorized official of the federal awarding agency.

Federal Award Identification Number (FAIN): A unique Federal Award Identification Number.

Federal Coordinating Officer (FCO): The person appointed by the president of the United States to coordinate federal assistance in an emergency or disaster declaration.

Federal Emergency Management Agency (FEMA): The federal agency responsible for coordinating federal disaster recovery efforts. The term used in this plan when referring to the Regional Administrator, or the Disaster Recovery Director, of FEMA Region VI.

Federal Funding Accountability and Transparency Act (FFATA): Federal Subaward Reporting System (FSRS) is the reporting tool federal prime awardees (i.e., prime contractors and prime grants recipients) use to capture and report sub-award and executive compensation data regarding its first-tier sub-awards to meet the FFATA reporting requirements.

State of Texas Public Assistance State Administrative Plan 5

Federal Information Processing Standard (FIPS): A unique identification number assigned to every subrecipient of federal funds. It is used, both by FEMA and TDEM, in identifying specific applicants.

FEMA Grant Outcomes (FEMA GO): FEMA Grants Outcomes (FEMA GO) is the grants management system that supports FEMA grants programs. The system allows users to apply for, track and manage all disaster and non-disaster grants. FEMA GO is continually being developed by the Grants Management Modernization (GMM) initiative, which is consolidating existing grant programs into one system.

FEMA-State Agreement: A formal legal document between FEMA and the affected state stating the understandings, commitments, terms, and conditions for assistance resulting from a federal disaster or emergency declared by the president. The FEMA Regional Administrator and Governor each sign the document.

Federal Subaward Reporting System (FSRS): The reporting tool federal prime awardees (i.e., prime contractors and prime grants recipients) use to capture and report sub-award and executive compensation data regarding their first-tier sub-awards to meet the FFATA reporting requirements.

Fixed Amount Awards: A grant agreement under which the federal awarding agency or pass- through entity provides a specific level of support without regard to actual costs incurred under the federal award. This type of federal award reduces some of the administrative burden and record-keeping requirements for both the non-federal entity and federal awarding agency or pass-through entity. Accountability is based primarily on performance and results as described in 2 CFR § 200.1. See 2 CFR § 200.201 Use of grant agreements (including fixed amount awards), cooperative agreements, and contracts, paragraph (b) and 2 CFR §

200.333 fixed amount subawards.

GAAP: Generally Accepted Accounting Principles as specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).

GAGAS: Generally Accepted Government Auditing Standards, also referred to as the Yellow Book. Auditing standards issued by the Comptroller General of the United States, which are applicable to financial and performance audits.

Governor’s Authorized Representative (GAR): Empowered to execute on behalf of the state all necessary documents for disaster assistance, including approval of subgrants and certification of claims for PA. Alternative GARs (Alt-GAR) may be designated as well and are similarly empowered.

Grant Management System (GMS): The grant management system that is used by TDEM to manage disaster grants, its associated subgrants and subawards. It is a cloud-based system that will allow TDEM to monitor grants, subrecipients, projects, and all activities related to the subrecipient and its projects. The subrecipients will utilize the system to fully manage their subgrants and subawards by requesting payments, project scope changes, time extensions, closeouts and appeals and will have full visibility of its subgrants. FEMA will be able to access GMS as well to view project details, transfer files, and to conduct monitoring via desk audits and real time validation of grant activities and transactions.

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Grants Manager/Portal: FEMA uses the Grants Manager and Grants Portal tool, which is a web based, project tracking system used by FEMA, the state, and applicants. The tool captures Public Assistance program projects in formulation for a seamless transition to project obligation. Applicants will be required to submit any Requests for Public Assistance through the Portal.

Grant Agreement: A legal instrument of financial assistance between a federal awarding agency or pass-through entity and a non-federal entity that is consistent with 31 U.S.C. 6302, 6304 and is used to enter into a relationship for which the principal purpose is to transfer anything of value from the federal awarding agency or pass-through entity to the non-federal entity; to carry out a public purpose authorized by a law of the United States (see 31 U.S.C.

6101(3)); and not to acquire property or services for the federal awarding agency or pass-through entity's direct benefit or use. It is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the federal awarding agency or pass-through entity and the non-federal entity in carrying out the activity contemplated by the federal award. Does not include an agreement that provides only:

(a) Direct United States Government cash assistance to an individual;

(b) A subsidy;

(c) A loan;

(d) A loan guarantee; or

(e) Insurance

Grantee: The government entity to which a grant is awarded, and which is accountable for use of the funds provided. In the state of Texas, the Texas Division of Emergency Management (TDEM) serves as the grantee. The grantee is also referred to as the recipient, and the Pass-through Entity, and is considered a non-federal entity.

Hazard Mitigation: Any sustained action taken to reduce or eliminate the long-term risk to human life and property from hazards.

404 Mitigation

Cost-effective mitigation measures undertaken by a community through the HMGP (Hazard Mitigation Grant Program). These measures are different than those authorized under section 406 of the Stafford Act. In the HMGP, measures are proposed that may involve facilities other than those damaged by the disaster, new facilities, or even non-structural measures such as development of floodplain management regulations.

406 Mitigation

Mitigation measures undertaken through FEMA’s Public Assistance (PA) Program awards to repair, restore, or replace damaged facilities belonging to public and private nonprofit entities. Section 406 is applied on the parts of the facility that were damaged by the disaster and the mitigation measure directly reduces the potential of future, similar disaster damages to the eligible facility. They are different from mitigation measures that are considered for eligibility under the HMGP of Section 404 of the Stafford Act.

State of Texas Public Assistance State Administrative Plan 7

Hazard Mitigation Grant Program (HMGP): The program authorized under Section 404 of the Stafford Act to provide funding for certain mitigation measures that are in conformance with the State Hazard Mitigation Plan.

Immediate Needs Funding (INF): Funds that can be made available for work that must be performed and paid for in the first 60 days after a disaster declaration. INF is capped at 50 percent of the PDA for Categories A and B. The state will work with expedited payments rather than INF whenever possible.

Improper payment: Any payment made that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was properly made. As described by the Improper Payment Elimination and Improvement Recovery Act (IPERIA).

Improved Projects: Subrecipients performing restoration work on a damaged facility may use the opportunity to make additional improvements while still restoring the facility to its pre-disaster design and function. Federal funding will be limited to the approved estimate of eligible costs. (44 CFR § 206.203(d)(1)). FEMA approval must be obtained prior to the start of construction.

Joint Field Office (JFO): A temporary facility established following a presidentially declared disaster to serve as the field headquarters for FEMA and TDEM recovery personnel and as the focal point for disaster operation, direction, coordination, and information.

Large Projects: Approved projects that are estimated to cost equal to or more than the large project threshold amount as set by FEMA each year. The large project threshold is the amount of approved project estimated costs adjusted annually to reflect changes in the Consumer Price Index for all Urban Consumers. The current large project threshold will be identified in the respective Disaster Specific Administrative Plan.

Local Government: Any county, city, village, town, public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law), regional or intrastate government entity, or agency or instrumentality of a local government; any tribal nation or authorized tribal organization or organization that is not a federally-recognized tribe; and any rural community, unincorporated town or village, or other public entity for which an application for assistance is made by the state or a political subdivision thereof.

Management Costs: Any indirect costs, any direct administrative costs, and any other administrative expenses associated with a specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.

Management Decision: The evaluation by the federal awarding agency or pass-through entity of the audit findings and corrective action plan and the issuance of a written decision to the auditee as to what corrective action is necessary.

State of Texas Public Assistance State Administrative Plan 8

Non-Federal Cost Share: The portion of the costs of a federally assisted project or program not borne by the federal government.

Non-Federal Entity: A state, local government, tribal nation, institution of higher education (IHE), or nonprofit organization that carries out a federal award as a recipient or subrecipient.

Pass-Through Entity: A non-federal entity that provides a subgrant to a subrecipient to carry out part of a federal program. Also referred to as the recipient.

Payment Management System (PMS): The Payment Management Services (PMS), owned by the US Department of Health and Human Services, offers awarding agency and grant recipients with cash management services, centralized payment services, personal grant accounting support, and Financial Reporting Support. PMS may be called colloquially SmartLink.

Performance Goal: A targeted level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate.

Period of Performance (POP): The time during which the non-federal entity may incur new obligations to carry out the work authorized under the Federal award. The federal awarding agency or pass-through entity must include start and end dates of the period of performance in the federal award (see 2 CFR § 200.211(b)(5) and 2 CFR § 200.332 (b)(1)(v)).

Permanent Work: Restorative work performed on damaged facilities through repairs or replacement, to pre-disaster design and current applicable standards. Under the PA Program, the following are referred to as permanent work:

Category C (Roads and Bridges);

Category D (Water Control Facilities);

Category E (Buildings and Equipment);

Category F (Utilities); and Category G (Parks, Recreational Facilities, and Other Items).

Preliminary Damage Assessment (PDA): A joint federal/state assessment effort conducted within three to five days of a disaster to refine, or correct, previous damages estimates for both the public and private sectors and used in the governor’s decision on whether or not a federal disaster assistance request is in order, as the figures from PDA(s) are then utilized to substantiate any such request.

Private Nonprofit Facility: Any non-governmental agency or entity that currently has:

(a) an effective ruling letter from the Internal Revenue Service granting tax exemption under section 501(c), (d), or (e) of the Internal Revenue Code of 1954; or

(b) satisfactory evidence from the state that the organization or entity is a nonprofit organized or doing business under state law.

Program Income: Gross income earned by the non-federal entity that is directly generated by a supported activity or earned as a result of the federal award during the subrecipient period of performance except as provided in 2 CFR § 200.307(c). (See 2 CFR § 200.1 Period of performance.)

State of Texas Public Assistance State Administrative Plan 9

Program income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under federal awards, the sale of commodities or items fabricated under a federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with federal award funds. Interest earned on advances of federal funds is not program income. Except as otherwise provided in federal statutes, regulations, or the terms and conditions of the federal award, program income does not include rebates, credits, discounts, and interest earned on any of them. See also 2 CFR §

200.407 Prior written approval (prior approval). See also 35 U.S.C. § 200-212 “Disposition of Rights in Educational Awards” applies to inventions made under federal awards.

Project Cost: Total allowable costs incurred under a federal award and all required cost sharing and voluntary committed cost sharing, including third-party contributions.

Project Worksheet (PW): A form used to record the damage, eligible scope of work, quantitative cost estimate and completion deadlines. It may also be referred to as a subaward.

Questioned Cost: Cost that is questioned by the auditor because of an audit finding:

(a) Which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a federal award, including for funds used to match federal funds;

(b) Where the costs, at the time of the audit, are not supported by adequate documentation;

or

(c) Where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances.

Questioned costs are not an improper payment until reviewed and confirmed to be improper as defined in OMB Circular A-123 appendix C.

Recipient: The government to which an award is made and is accountable for the use of the funds provided. The recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. For purposes of this regulation, the state of Texas is the recipient.

Regional Administrator: The director of a FEMA Regional Office, or his/her designated representative. As used in this Plan, Regional Administrator also means the Federal Coordinating Officer (FCO) who has been appointed to exercise the authority of the Regional Administrator for a particular emergency or major disaster.

Request for Information (RFI): A progressive informal and formal process by which to obtain additional information from subrecipients to properly monitor projects and render decisions from subrecipient and FEMA requests.

Request for Public Assistance (RPA): The form that a potential subrecipient (applicant) uses to apply for assistance.

Simplified Application: A FEMA-developed, simplified online form applicants may complete to explain work activities, answer basic eligibility questions, provide limited supporting documentation, and provide a cost estimate for some disasters.

State of Texas Public Assistance State Administrative Plan 10

Small Projects: Approved projects estimated to cost less than the large project threshold amount. The small project threshold will be identified in the Disaster Specific Administrative Plan (DSAP) for each respective disaster.

Special Considerations: Issues that may involve insurance, floodplain management, hazard mitigation, historic preservation and/or environmental reviews as they relate to PA program funding.

Stafford Act: Refers to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, PL 100-707, signed into law November 23, 1988, which amended the Disaster Relief Act of 1974, PL 93-288, and which was further amended in 1993 by the Hazard Mitigation and Relocation Assistance Act.

Standard Form 424 (SF-424): The Application for Federal Assistance to be included as part of the State Hazard Mitigation Application.

State Coordinating Officer (SCO): The person appointed to act in cooperation with the FCO to manage disaster recovery efforts.

Strategic Funds Management: Strategic Funds Management (SFM) is FEMA’s process for obligating PA funding based on the applicant’s schedule to execute the work. If a Permanent Work project is greater than $1 million and the applicant does not need funds for more than 180 days from the time the PW is ready for obligation, FEMA obligates funds based on the project completion schedule.

Subaward: Subawards are the individual project worksheets (PW) associated with a specific subrecipient and its subgrant agreement with TDEM. Any additional PWs, and modifications to existing PWs are considered amendments to the subgrant agreement and will require notification only.

Subgrant: A portion of a grant or award that is distributed to a third party (subrecipient) by the recipient (pass-through entity) of the original award to conduct project work in compliance with the grantee’s terms and conditions. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program. A subgrant may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Subrecipient: A state or local government or other legal entity which receives an award (subgrant), and which is accountable to the grantee for the use of funds provided. The subrecipient is responsible for the non-federal portion of its PA grant.

Other definitions may be found in 2 CFR § 200.1.

State of Texas Public Assistance State Administrative Plan 11

Organization & Assignment of Responsibilities

Organization The governor of the state of Texas has designated TDEM as the state office responsible for managing and administering the PA Program per 44 CFR § 206.207(b)(i). These responsibilities include, but are not limited to:

(a) Monitors and assures state compliance with the FEMA-State Agreement;

(b) Submits the Application for Federal Assistance (SF-424);

(c) Complies with federal and state program and grant administrative requirements;

(d) Defines the chain of command and specific responsibilities for the Alt-GAR(s) and SCO(s) in each disaster declared establishing the direction and control of the state operations including operations at the JFO;

(e) Notifies potential subrecipients of the availability of assistance;

(f) Conducts Applicant Briefings;

(g) Participates in the Recovery Scoping Meetings or the regulatory equivalent;

(h) Assigns state staffing to work with FEMA Program Delivery Managers (PDMGs) to assist in the development of the subrecipient’s applications and enforcing Special Considerations requirements;

(i) Conducts and participates with FEMA in conducting site inspections to serve as a basis for obligations of funds to subrecipients;

(j) Support applicants in the development and submission of their simplified application for public assistance projects;

(k) Assists FEMA in determining work and applicant eligibility;

(l) Requests Immediate Needs and Expedited Funding on behalf of the subrecipients;

(m) Assists the subrecipient in identifying areas for hazard mitigation;

(n) Processes requests for time extensions, improved projects, alternate projects, advances, and reimbursements;

(o) Forwards requests with the state’s recommendation to FEMA on appeals, scope of work/cost changes, alternate project requests, and improved project requests (where appropriate and if required);

(p) Complies with administrative requirements per 2 CFR Parts 200, 3000 and 3002, 44 CFR Parts 206 and 207, 44 CFR § 206.207(b)(1)(iii)(G), and Audit Requirements of 2 CFR Parts 200 and 3002;

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(q) Secures insurance information from subrecipients as required by Stafford Act and 2 CFR § 200.310 Insurance Coverage and further defined by FP 206-086-1 Public Assistance Policy on Insurance;

(r) Reviews and certifies project completion information;

(s) Conducts quarterly reviews, site inspections, and grant compliance reviews, as required ensuring program compliance; and

(t) Determines budget and staffing requirements necessary for proper program management.

Assignment of Responsibilities Governor’s Authorized Representative (GAR)

The person designated by the governor to execute all necessary documents for disaster assistance programs on behalf of the state and local grant recipients. The GAR is responsible for ensuring state compliance with the FEMA-State Agreement to include evaluating and monitoring compliance with statutes, regulations, and terms and conditions of Federal awards including the provisions of the 2 CFR parts 25 and part 170 and the Federal Funding Accountability and Transparency Act (FFATA). The GAR may also be designated as the State Coordinating Officer. Alternate GARs are appointed as necessary to fulfill the duties of the GAR in his place.

Governor’s Authorized Representatives:

Chief of TDEM

Alternate Governor’s Authorized Representatives:

Deputy Chief Chief Financial Officer

State Coordinating Officer

The person designated by the governor to coordinate state and local disaster assistance efforts with the federal government is the State Coordinating Officer (SCO). Alternate or Deputy State Coordinating Officers are appointed as necessary to fulfill the duties of the SCO in his place.

The State Coordinating Officer (SCO):

Chief of TDEM

Alternative State Coordinating Officer:

Chief Financial Officer Division Chief, Recovery, Disaster Finance & State Disaster Reimbursement Division Chief, Hazard Mitigation

State of Texas Public Assistance State Administrative Plan 13

Administration Recovery and Public Assistance Operations Personnel In accordance with 44 CFR § 206.207(b)(1)(ii), this section provides an overview of TDEM personnel with responsibilities in the Public Assistance Program administration. Staffing is made up of a combination of state and federally funded full-time staff, federally funded contractors (affiliates), and federally funded temporary staff.

The identification of staffing functions in the Public Assistance Program, the sources of staff to fill these functions, and the management and oversight responsibilities of each are covered below. The makeup of the staff will differ based on the size and needs of a particular disaster.

Per 44 CFR § 204.51(d)(1)(i)(B), this section applies to the 2025 FMAGP Annex to this State Administrative Plan.

Chief of TDEM

The GAR and SCO; sets all guidelines and policies for the program.

Chief Financial Officer

The Alternate GAR and Alternate SCO. Assists the Chief in developing guidelines and policies for the program and directs the implementation of these with personnel.

Deputy Chief

The Alternate GAR and Alternates SCO Assists the Chief in developing guidelines and policies for the program and directs the implementation of these with personnel.

Division Chief for Recovery, Disaster Finance & State Disaster Reimbursement

In charge of setting policy, procedure, and strategic goals to ensure the proper management of declared disasters and the timely obligation and closeout of public assistance projects. Is responsible for interfacing with FEMA and subrecipients on issues related to complex or sensitive project approvals, appeals, possible violations, etc.

Recovery Section Chief Oversees the delivery of the recovery programs within the agency and liaises with FEMA on issues related to complex or sensitive project approvals, appeals, possible violations, etc.

Recovery Unit Chief

Manages daily recovery operations, including any joint FEMA/State operations; responsible for interfacing with FEMA and subrecipients on issues related to complex or sensitive project approvals, appeals, possible violations, etc.

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Regional Section Chief

Supervises staff assigned to districts within their respective TDEM regions and ensures compliance with all laws, regulations and any guidelines, policies and procedures set by management; interfaces with FEMA and subrecipients on issues related to project approvals, appeals, closeouts, routine reports, etc., and raising issues to headquarters staff as appropriate.

Regional Unit Chief

Manages daily recovery operations within an assigned region; responsible for interfacing subrecipients on issues related to complex or sensitive project approvals, appeals, possible violation, etc. and raising issues to headquarters staff as appropriate.

Recovery Coordinator, Specialist, and Supervisor

Coordinate Public Assistance for individual districts within the TDEM Regions. Program liaison to the applicants and coordinates with assigned contacts to carry out all recipient activities in monitoring subrecipients.

Quality Assurance & Grant Production Division Chief

Acts as liaison between FEMA and TDEM to establish new processes and improve existing ones, monitor program activity for compliance with all applicable rules and policies, and analyzes new rules and policies for program impact on the program.

Quality Assurance Section

Reviews and approves all requests for time extensions, scope changes, and closeouts prior to management signature. Other reviews will be conducted as well. Responsible for ensuring compliance of all program subrecipients with requirements of 2 CFR Subpart F (Single Audit); performing internal program reviews and controls as assigned to assist in ensuring program compliance with all federal requirements.

Grant Processing Coordinator

Oversees the performance and compliance of the contracted affiliates, tracks budgets, and authorizes and approves invoices.

Support Affiliates

Act as project officers for routine projects and performs the following related duties:

processes submitted applications;

monitors grant activities;

conducts reviews of subrecipient compliance with all program rules and requirements;

processes requests for payment, extensions, and project closeout.

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Executive Assistant

Performs the following routine duties:

updates database;

processes incoming/outgoing mail from subrecipients and FEMA;

forwards mail to the assigned Recovery Coordinator;

copies, scans, and processes routine office-related procurements;

makes travel arrangements for staff, and other administrative or clerical duties as assigned.

Regional Assistant Chief

Coordinates the District Chiefs and assists the Disaster District Committee (DDC) in monitoring resources and assets for the region.

District Chief

Represents the DDC, coordinates local and state response support requests and acts as a liaison for TDEM Recovery with local subrecipients.

Regional Disaster Finance Coordinator (RDFC)

Provides advanced and just-in-time financial and grant training to subrecipients.

Grant Production Section

Responsible for the implementation and support of TDEM’s Grant Management System (GMS). Ensures the integrity of data imports from Electronic Data Warehouse. Acts as the main reporting hub for FEMA programs.

Agency Finance Staff

Process payment requests submitted by TDEM including making drawdowns of federal funds from the SmartLink system into TDEM accounts; prepare and submit financial and closeout 425 reports using the agency accounting system reports.

Other Support Personnel

Assist in program activities as needed in supporting functions such as: procurement, business process reviews, internal audit, information technology, asset inventory, staff training, etc.

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Staff Determination and Budgeting (44 CFR § 206.207(b)(1)(iii)(J))

Since staffing requirements vary depending on the magnitude, type, and extent of the disaster, the initial cost for staffing will be incurred by TDEM. A claim for reimbursement will be submitted to FEMA for direct and indirect administration costs in accordance with the management and administrative cost provisions of 2 CFR 200 § 412 - 414, Appendix VII to Part 200, and the Public Assistance Management Cost Interim Policy.

All staff as outlined in the personnel descriptions may be utilized to respond to an incident and implement the public assistance program in the state of Texas. Budgeting determinations are based on the impacted areas and resources required to assist eligible subrecipients.

An organizational chart can be found in the Appendix.

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Public Assistance Operations Pre-Declaration Activities Preliminary Damage Assessment

As per the State’s Basic Plan, TDEM will conduct Initial Damage Assessments (IDA). If findings support a FEMA request for assistance, the state will contact FEMA and request a joint FEMA-State-Local Preliminary Damage Assessment (PDA). Per 44 CFR § 206.207 (b)(1)(iii)(D) participating in joint PDAs for conducting damage surveys will serve as a basis for obligations of funds to subrecipients.

Preparation

TDEM personnel will prepare for the arrival of FEMA PDA personnel by identifying areas of the state where damage is most significant. TDEM will work with county officials in the affected counties to identify damages. TDEM and the county will be responsible for coordinating damage assessments within the other cities in the county. FEMA staff will not make arrangements directly with locals.

Designation of Affected Areas

After a presidential declaration is granted, the Governor, or the GAR, may request that additional areas or supplementary Federal assistance be authorized by the Assistant Administrator for the Disaster Assistance Directorate. Requests should include verified assessments by State and local jurisdictions that demonstrate justification, and that the unmet needs are beyond State and local capabilities. Additions to the declaration will be published in the Federal Register (44 CFR § 206.40(c)).

Per 44 CFR § 206.46(b), denial of types of assistance or areas, in those instances when the type of assistance or certain areas requested by the Governor are not designated or authorized, the Governor, or the GAR, may appeal the decision. An appeal must be submitted in writing within 30 days of the date of the letter denying the request. This one-time request for reconsideration, along with justification and/or additional information, is sent to the Assistant Administrator for the Disaster Assistance Directorate through the FEMA Region VI Administrator.

Local Jurisdictions

Local jurisdictions will submit damages through the Disaster Summary Outline (DSOs) and the State of Texas Assessment Tool (STAT) to TDEM, which captures damages in affected areas. Each affected jurisdiction will provide personnel to participate and act as subject matter experts on their areas during joint PDAs. They will work with TDEM to provide maps, transportation, and anything else available to facilitate with the PDA.

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Virtual Assessments

PDAs may be conducted virtually due to extenuating circumstances caused by the disaster or other events. When virtual PDAs are required, TDEM will work with local jurisdictions and FEMA to obtain and review data and documentation to support damage estimates.

Post Declaration Activities Grant Approval

TDEM will submit to FEMA an "Application for Federal Assistance" (SF 424), and an "Assurances for Construction Programs” (SF 20-16B) or “Assurances for Non-Construction” (SF 20-16A) to receive federal funding. These documents will be submitted through FEMA’s Grants Manager/Portal system. Approved projects will be the basis for issuing subgrants to eligible subrecipients in accordance with the cost-sharing provisions established by FEMA.

Appeals related to types of assistance or designated areas will be submitted by the Governor or GAR, as appropriate, within 30 days of the incident end date or declaration, whichever is later, accompanied by required documentation as outlined in 44 CFR § 206.40.

Should an appeal or request related to the declaration require more than 30 days to prepare, the Governor or GAR, as appropriate, will request an extension and provide justification for such an extension within 30 days of the incident end date or declaration, whichever is later, as outlined in 44 CFR § 206.46(d).

44 CFR § 206.202 outlines the full policies and procedures for processing Public Assistance grants to States.

Advance of Non-Federal Share of Grant Funding

42 U.S. Code § 5162 permits the state or an applicant to request from the federal government an advance or loan of a non-federal share of grant funding in limited and unusual circumstances. While a request of this nature would be rare, TDEM reserves the right to request an advance of non-Federal share for the state or on behalf of its subrecipient.

In those instances where the Governor's request for an advance is denied, 44 CFR § 206.46(C) states the Governor may appeal the decision. An appeal must be submitted in writing within 30 days of the date of the letter denying the request. This one-time request for reconsideration, along with justification and/or additional information, is sent to the Assistant Administrator for the Disaster Assistance Directorate through the FEMA Region VI Administrator.

Notifying Potential Subrecipients (44 CFR § 206.207(b)(1)(iii)(A))

TDEM staff will work with TDEM District Chief(s), TDEM Regional Section Chief(s), TDEM Assistant Chief(s), local public information officers, councils of government, county judges, city mayors, chief financial officers, county/city auditors and county/city emergency management coordinators (EMCs) to notify potential subrecipients of the assistance that is available and the time and date of an applicant briefing. TDEM will also work with the above-mentioned officials to notify any other affected parties/agencies in its jurisdiction, including any who responded to

State of Texas Public Assistance State Administrative Plan 19 the event, or other potential subrecipients in its areas. The procedures to accomplish this task are as follows:

(a) Per 2 CFR § 200.203-204, and Appendix I for Part 200 (A) (B) (C1) (C2) (C3), the federal awarding agency will announce the specific funding opportunities for the grants.

(b) Once the grant has been announced, TDEM will send an announcement to Designated Points of Contact (POC), and EMCs notifying them of an Applicant Briefing. This consists of a letter announcing the Applicant Briefing date, time, and location as well as discussions about applicants that are potentially eligible to receive assistance.

Applicant Briefing

As soon as possible following the Presidential declaration, TDEM will make available and conduct applicant briefings, or the regulatory equivalent for all potential applicants (i.e., state, territorial, tribal, and local governmental entities, and private nonprofits (PNPs)). Per 44 CFR § 206.207(b)(iii)(B), TDEM is responsible for notifying potential applicants of the date, time, and location of the Applicant Briefing. Applicant briefings may also be held virtually. During these briefings, TDEM will provide high-level information regarding the PA Program such as:

Application Procedures Project Funding Hazard Mitigation Administrative Requirements Procurement and Contracting Requirements Environmental and historic preservation (EHP) compliance requirements General eligibility requirements Recordkeeping Program deadlines Program eligibility guidance

Request for Public Assistance (RPA)

Per 44 CFR § 206.202(c), the jurisdiction is required to submit an RPA (FEMA Form 90-49) within 30 days from the date the jurisdiction becomes eligible for PA. RPAs that are submitted after this 30-day period will be reviewed on a case-by-case basis and, if warranted, will be forwarded to FEMA for consideration. A jurisdiction must provide justification in writing to TDEM for late RPA consideration. If necessary, TDEM will request that the general deadline for filing RPAs be extended. The RPA will be entered directly into FEMA’s Grants Portal by the jurisdiction.

Designation of Subrecipient's Agent (DSA)

A subrecipient's certifying official will be required to designate an agent in writing who will be the subrecipient's point of contact for all matters pertaining to its application for federal assistance. If no agent is appointed, the chief official of the eligible organization will be designated as the subrecipient's agent. This person should be familiar with damages and information and the requirements of the Grant Terms and Conditions with Exhibits.

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It is the responsibility of the designated agent to ensure all subrecipient staff and contractors are aware of and comply with all requirements related to the subgrant.

Should a subrecipient hire a consultant to assist them with managing its PA grants, the subrecipient’s chief official will be required to list the individual(s) and their employer(s) on the designation of subrecipient agent (DSA) as an additional contact

TDEM will direct all correspondence to the subrecipient but may cc: the consultant on applicable email exchanges. The subrecipient will be responsible for sharing written communications (grant packages/award notices) with the consultant.

The subrecipient will remain the primary point of contact and must be included in all decision-making activities.

Determining Subrecipient Eligibility

TDEM will assist FEMA in screening all potential subrecipients for eligibility under the PA Grant Program per 44 CFR § 206.207(b)(1)(iii)(C). TDEM and the subrecipient will retain the responsibility of verifying the debarred/excluded party lists (2 CFR § 200.214). Eligible subrecipients under the Public Assistance program are:

(a) State agencies and authorities, local governments, and other governmental entities.

Special districts may need to provide a copy of the legislation that establishes the district.

(b) Private Non-Profit (PNP) organizations that have an IRS tax exemption letter and/or a state PNP certification (i.e., articles/certificate of Incorporation).

Eligible PNP organizations must own or operate educational, utility, irrigation, emergency, medical, custodial care, or essential governmental service facilities.

Critical service PNPs are defined as those PNPs that provide power, water, sewer, and wastewater treatment, educational, communications, emergency medical care and fire protection.

Non-critical service facilities are defined as houses of worship, museums, zoos, community centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, and other facilities which provide a health and safety service of a governmental nature. All such facilities must be open to the general public.

(c) Conditions for providing assistance for the PNP facilities when Small Business Administration (SBA) disaster loan assistance is available:

Eligible PNP operators of non-critical service facilities must first apply to the SBA and have been determined…