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.
10. 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) required the issuance of a disaster declaration within the incident period, it received communications from numerous local jurisdictions about the impact of the current requirement. The local jurisdictions indicated that , when disaster strikes, they are spending 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 of 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.
11. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The rule will be posted to solicit economic impact comments and the economic impact analysis will be provided as required during the permanent rule rulemaking process.
12. 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.
13. Agency Contact Person:
Robby Stoikes, Recovery Section Supervisor, Wisconsin Emergency Management, Department of Military Affairs, (608) 242-3226, widisasterfund@wisconsin.gov. 14. 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 widisasterfund@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published on the department’s emergency management division’s webpage: https://wem.wi.gov/. (See PDF for image)
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 takes effect upon publication in the state newspaper and shall remain in effect for 150 days, as provided in s. 227.24(1)(c), Stats., subject to extensions under s. 227.24(2), Stats.
