Category Archives: Uncategorized

FEMA Public Assistance Appeal: Debris Removal-Private Property and Legal Responsibility-Private Entity

PA ID# 013-UVZOO-00; Blackhawk Geologic Hazard Abatement District 

Date of Appeal: January 10, 2020

Conclusion: The Applicant does not have the legal responsibility to perform the work.  The Applicant also failed to obtain prior approval from FEMA for private property debris removal.  Additionally, the work performed does not meet eligibility requirements for emergency protective measures on private property.  Accordingly, the Applicant’s second appeal is denied.

Headnote 1: Section 407 of the Stafford Act authorizes FEMA to fund the removal of debris from private property, if specific criteria and requirements are met, including pre-approval. The Applicant did not request or obtain prior approval from FEMA, as required.

Headnote 2: 44 C.F.R. § 206.223(a)(3) states that for an applicant to be eligible for PA funding, it must be legally responsible for the work. The Applicant does not own any property within its boundaries and has not demonstrated legal responsibility for permanent repairs.

Headnote 3: The PAPPG states the applicant must demonstrate a widespread threat to the general public’s health and safety to receive funding for emergency protective measures on private property. The Applicant demonstrated a limited threat to certain private properties rather than a widespread threat to the general public’s health and safety.

Link: https://www.fema.gov/appeal/356211

New Law to Benefit Future eTexas Homeowners Following a Disaster

“After Harvey, some appraisal districts gave exemptions for damaged or destroyed homes, but others did not. House Bill 492 requires all appraisal districts to make an ad volorem…exemption after a disaster declared by the governor.”

Read More Here: https://www.houstonchronicle.com/neighborhood/bellaire/news/article/How-a-new-tax-law-may-benefit-Texas-homeowners-14953395.php?fbclid=IwAR2M0vseGn4LbmziWNlf-bb58d7_An4bC3yxBj1r-lxi1lN2s40RWcHIFjI

Bexar County Emergency Services District Fighting San Antonio Annexation – The Texas Monitor

“Bexar County Emergency Services District 5 officials say a planned 2,200-acre annexation by the City of San Antonio could hinder their ability to provide fire and emergency medical services, KSAT reported.”

Follow this link to read more: https://texasmonitor.org/bexar-county-emergency-services-district-fighting-san-antonio-annexation/?fbclid=IwAR2QQbNX8SQ7Ue7TVhXa4SvsKqmAiVVUI_gEmIGt-PXe_rd_HzctmJW0-rU

Emergency Preparedness Sales Tax Holiday

Emergency Preparedness Sales Tax Holiday

The 2016 Sales Tax Holiday for Emergency Preparedness Supplies will happen in Texas from April 23-25, 2016.

Did you know that Texas has a sales tax holiday specifically for Emergency Preparedness Supplies? It does! It is designed to mirror the School Supplies Tax Holiday that has been in effect for many years. However, this hasn’t always been the case.

State Senator Juan “Chuy” Hinojosa from McAllen, Texas authored the bill in March 2015 and was passed in June 2015 by signature of the Governor. A review of the legislative history of SB 904 (the bill that then turned into Tex. Tax §151.3565) shows a very easy path with relatively no opposition to the bill.

Since 2016 will be the first ever “Emergency Preparation Supplies Sales Tax Holiday” there might be some confusion on what exactly is tax free from 12:01 am on Saturday, April 23, and ending at midnight on Monday, April 25, 2016. If you are interested in reading the full statute, you can find what is covered at Tex. Tax Code § 151.3565(b) (West 2016). The great part about this whole process is that–like the School Supplies Sales Tax Holiday–you don’t need to show an exemption form to be exempted from sales tax and there’s no limit to the number of items you can purchase! Keep in mind though, if there is shipping, handling or any other charges on the item when it is purchased, that is considered part of the sales price.

Here’s the list:

  • Portable Generators that are sales priced at $3,000 or less and used for light, communications, and/or perishable foods in the event of a power outage (Tex. Tax Code § 151.3565(b)(1)).
  • Storm Protection Devices, that are”manufactured, rated, and marketed specifically to prevent damage to a glazed or non-glazed opening during a storm” sales priced less than $300 (Tex. Tax Code § 151.3565(b)(2)(A)).
  • Emergency or Rescue Ladders sales priced less than $300 (Tex. Tax Code § 151.3565(b)(2)(B)).
  • Each of the following are eligible if sales priced under $75 (Tex. Tax Code § 151.3565(b)(3)(A)-(M)):
    • Reusable or Artificial Ice Products
    • Portable, self-powered light sources
    • Gasoline or diesel fuel containers
    • Small batteries that come more than one to a package and are not car or boat batteries (AAA, AA, C, and D cells & 6 and 9 volt batteries)
    • Nonelectric cooler or ice chest used for food storage
    • Tarps (listed as “tarpaulin”) or other flexible weatherproof sheeting
    • Ground anchor systems or tie-down kits
    • Cellphone batteries or battery chargers
    • Portable self-powered radios to include both two-way and weather radios
    • Fire extinguishers
    • Smoke Detectors
    • Carbon Monoxide Detectors
    • Hatchets & Axes
    • Self-contained first aid kits
    • Non-electric can openers.

As a review, the Federal Emergency Management Agency (“FEMA”) recommends individuals and families have the following in their basic emergency supplies kit:

  • Water (1 Gallon per person, per day)
  • At least 3 days of non-perishable food
  • Battery-powered or hand crank radio and a weather radio with tone alert.
  • Flashlight
  • First Aid Kit
  • Whistle
  • Filter masks
  • Moist towelettes, garbage bags, and plastic ties
  • Wrench or pliers
  • Manual can opener
  • Plastic sheeting and duct tape
  • Cellphone and chargers
  • Important Family Documents
  • Extra batteries for all electronics in the kit
  • And family unique items (such as pet supplies, medicines, formula, or diapers).

The Texas Comptroller’s website has an announcement speaking about this tax holiday at: http://comptroller.texas.gov/taxinfo/taxpubs/tx98_1017.html.

Sales Tax Holiday Flyer

Patriot Act Sunset Date Approaching

Patriot Act Sunset Date Approaching

A little known fact to many is that the Patriot Act is set to expire on June 1st, 2015 if it does not get reauthorized. Granted this is not a direct Emergency Management topic, it does effect the field when it comes to warning of an attack. There are a ton of issues and strong feelings on both sides of the law, it’s repeal would create a void that may have trickle down effects on Warning plans in Emergency Management.

Read the full article here: http://www.emergencymgmt.com/safety/Anti-Terror-Law-Approaches-Expiration-Date.html

Map it or Else?

Map it or Else?

Eric Holdeman’s post about the use of mapping in Emergency Management is spot on! Emergency Managers need to ensure that they use all the tools that they can at their disposal. I realize that we are all busy and having to do many different things all at the same time while riding a unicycle that’s on fire.

In the military, we live and die by our maps. While I was advising an Afghan Army Brigade Operations Staff, Maps were power. The afghans viewed it as “If you had maps, you had power”.

Let’s take a look at it from this from a legal perspective. If you get hauled into court after a disaster for some reason, you can bet that the lawyer on the other side of the isle is going to use every tool they have, including a map.

-Will

Read Eric’s Full Article Here: http://www.emergencymgmt.com/emergency-blogs/disaster-zone/ignorehazardmappingatyourownperil.html