commonwealth of pennsylvania office of the governor · 2020-03-29 · the honorable donald j. trump...

COMMONWEALTH OF PENNSYLVANIA

OFFICE OF THE GOVERNOR

225 Main Capitol Building | Harrisburg, PA 17120 | 717.787.2500 | Fax 717.772.8284 | www.pa.gov

March 28, 2020

The Honorable Donald J. Trump

President of the United States

1600 Pennsylvania Avenue, NW

Washington, D.C. 20500

Through: MaryAnn Tierney

Regional Administrator

Federal Emergency Management Agency – Region III

One Independence Mall

615 Chestnut Street, Sixth Floor

Philadelphia, PA 19106

Dear President Trump:

Under the provisions of Section 401 of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act, 42 U.S.C §§ 5121-5207 ("Stafford Act"), as implemented by 44 CFR § 206.36, I request

that you declare a Major Disaster for the Commonwealth of Pennsylvania (“Commonwealth”) because of

the novel coronavirus (“COVID-19”). Specifically, the Commonwealth requests the following eligible

Individual Assistance programs: Disaster Unemployment Assistance, Crisis Counseling, Community

Disaster Loans and the Disaster Supplemental Nutrition Program to support the COVID-19 response.

Further, I request authorization for Public Assistance Category A, Debris Removal, Category B, Emergency

Protective Measures, and Hazard Mitigation statewide to allow the Commonwealth to continue its response

to the immediate threat to lives, public health, safety and the environment, from COVID-19. The incident

period for this request begins January 20, 2020, and continuing, to apply to all sixty-seven (67) counties of

the Commonwealth. This request is timely under 44 CFR § 206.36(a). FEMA Form 010-0-13 is included

with this request.

The United States Health and Human Services Secretary, Alex M. Azar II, declared a public health

emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. § 247d), in

response to COVID-19. On March 13, 2020, you declared a National Emergency pursuant to sections 201

and 301 of the National Emergencies Act (50 U.S.C. § 1601 et seq), in response to COVID-19.

On February 1, 2020, I directed my Secretary of Health to activate the Commonwealth’s

Department of Health (“DOH”) Operations Center at the Pennsylvania Emergency Management Agency’s

(“PEMA”) headquarters to conduct public health and medical coordination for COVID-19 throughout the

Commonwealth. On March 4, 2020, I directed the PEMA Director to activate the Commonwealth Response

Coordination Center in full support of DOH’s response to COVID-19. Further, on March 6, 2020, I issued

a Proclamation of Disaster Emergency declaring that the entirety of the Commonwealth was in a state of

disaster emergency, and to ensure that all Commonwealth agencies involved in the COVID-19 response

have the expedited resources needed to respond to the virus.




As COVID-19 rapidly spread throughout the Commonwealth via person-to-person contact, the

Secretary of Health and I issued Business Closure Orders on March 19, 2020. The Business Closure Orders

prohibit the operation of non-life sustaining businesses until further notice, as those businesses in infected

communities present the opportunity for unnecessary gatherings, personal contact, and interactions that will

transmit COVID-19. As of March 27, 2020, all counties or major cities in the Commonwealth have issued

emergency declarations and activated their Emergency Operations Centers.

Based on current conditions, I request Public Assistance Category A, Debris Removal, Category

B, Emergency Protective Measures, and Hazard Mitigation statewide. In addition, I request authorization

for the following Individual Assistance Programs: Disaster Unemployment Assistance, Crisis Counseling,

Community Disaster Loans, and the Disaster Supplemental Nutrition Program. Support for my request

follows.

Pursuant to 44 CFR § 206.48(b), the Stafford Act factors FEMA considers when evaluating the

need for supplemental federal assistance include the following:

1. State Fiscal Capacity and Resources Availability;

2. Uninsured Home and Personal Property Losses;

3. Disaster Impacted Population Profile;

4. Impact to Community Infrastructure;

5. Casualties; and

6. Disaster-Related Unemployment.

Given the nature of this event and constantly changing information, the Commonwealth offers the

following data to support its request in contemplation of the above factors.

1. State Fiscal Capacity and Resources Availability

The Commonwealth has currently allocated all available resources to respond to the COVID-19

pandemic, while adjusting to its own significant economic impact related to COVID-19. As of March 27,

2020, current projected Commonwealth coordination and response actions total more than $19 million in

services, materials and supplies since January 20, 2020. This figure does not include the direct expenses

of local political subdivisions and supporting private entities. Those local governments and supporting

entities are also significantly strained, as financial resources that were reasonably expected to be at their

disposal to respond to COVID-19 have been severely affected. Business revenues and tax receipts are

suffering and without supplemental federal assistance, the Commonwealth’s ability to sufficiently respond

to and recover from this event will be severely impacted.

To address these crippling financial shortfalls, the Commonwealth has allocated $60,000,000 to

the COVID-19 Working Capital Access (“CWCA”) Program. The CWCA Program, administered by the

Department of Community and Economic Development’s (“DCED”) Pennsylvania Industrial Development

Authority, will provide critical working capital financing to Commonwealth small businesses adversely

impacted by the COVID-19 outbreak.




Further, on March 18, 2020, I requested a Small Business Administration (“SBA”) disaster

declaration authorizing the Economic Injury Disaster Loan Program to provide low-interest federal

disaster loans for Commonwealth businesses negatively impacted by COVID-19. The SBA request was

granted on March 19, 2020. Pursuant to the Business Closure Orders, over 21,000 non-life sustaining

businesses were required to close to prevent the spread of COVID-19 as of March 27, 2020. While these

non-life sustaining businesses have already reported negative impacts, the full economic impact of these

closures will not be fully realized for years. Thousands of small businesses remain closed and are

experiencing severe reductions in sales and income. While some businesses have fortunately been able to

maintain payroll during this outbreak, many businesses have had to lay off employees, causing tens of

thousands of unemployment claims in the Commonwealth (see 6. Disaster-Related Unemployment,

below). This wave of unemployment due to COVID-19 will inevitably strain and potentially exceed the

Commonwealth’s ability to meet the needs of unemployed Pennsylvanians.

On March 20, 2020, the Commonwealth began a local government assessment survey of the

eligible Public Assistance applicants known to be incurring costs directly associated with eligible

emergency protective measures focused on combating COVID-19. As of March 27, 2020, over 1,700

eligible state, county and local government applicants have reported incurred costs at approximately $142

million since January 20, 2020. Further, survey applicants have reported that projected costs could exceed

$1.2 billion.

Compounding the matter, the Commonwealth is still recovering from multiple previous disasters,

including 2016 Severe Storms and Flooding (FEMA–4292-DR) and 2018 Severe Storms and Flooding

(FEMA–4408-DR). This does not include numerous localized impacts from severe storms over the past

few years, and where the SBA declared emergencies, many still active: June 2019 flash flooding in Berks

County; July 2019 flash flooding in Allegheny, Berks and Clarion counties; and October/November 2019

severe storms and high winds in Erie County.

2. Uninsured Home and Personal Property Losses

The Commonwealth is not requesting the activation of the Individuals and Households Program;

therefore, the requested Home and Personal Property Loss data is not applicable.

3. Disaster Impacted Population Profile

According to the Pennsylvania State Data Center, the Commonwealth’s official source of

population and economic statistics:

• Pennsylvania ranks fifth among all states in population of citizens aged 65 and over (2.2 million,

or 18.5% of total Pennsylvania population); that rate grows 20 times faster than Pennsylvania’s

overall population growth rate.

• Pennsylvania’s poverty rate is 12.1% of the population.

• Pennsylvania’s small businesses employed 2.5 million people, or 46.7% of the private workforce,

in 2015. (Source: Statistics of U.S. Businesses).

• In 2018, 5.5% of Pennsylvania’s population did not have health insurance. The portion of

Pennsylvania’s population with the highest percentage of uninsured are those aged 10-64 years.

• With the sharp increase in layoffs due to COVID-19, the number of uninsured Pennsylvanians will

increase.




This event will have wide-reaching negative impacts on the Commonwealth’s healthcare

infrastructure (see 4. Impact to Community Infrastructure, below). As noted above, the Commonwealth

ranks fifth among all states in population aged 65 and over and this figure grows at a rate twenty times

faster than Pennsylvania’s overall population. Taken in conjunction with reports on COVID-19’s

disproportionate impact on older demographics, COVID-19 could affect a staggering number of older

Pennsylvanians, those shown to be most susceptible to the virus. Further straining the Commonwealth’s

healthcare system, an estimated 5.5% of Pennsylvania’s population do not have health insurance. With the

increasing number of unemployed (see 6. Disaster-Related Unemployment, below), the number of

uninsured Pennsylvanians is also expected to increase.

4. Impact to Community Infrastructure

COVID-19 has had, and continues to have, a drastic effect on community infrastructure. Hospitals,

medical facilities, and first responders are facing challenges rarely experienced before. The process of

triaging and isolating potentially affected individuals is significantly disrupting lifesaving and life-

sustaining services. Currently, resources and capacities of medical facilities are rapidly depleting. The

limited number of qualified medical personnel is decreasing while COVID-19 continues to spread.

All 500 Commonwealth school districts have been, and remain, closed since March 16,

2020.Pennsylvania’s private, parochial and charter schools, as well as the 29 Commonwealth Intermediate

Units remain closed. Social service programs have been compromised and are being handled remotely or

through electronic means. Most childcare facilities have either closed or been severely disrupted due to the

Business Closure Orders that were imposed to prevent the spread of COVID-19.

5. Casualties

As of March 28, 2020, the Pennsylvania Department of Health reports 2,751 individuals who have

tested positive for COVID-19 and 34 fatalities as a direct result of COVID-19. While the Commonwealth

is doing everything in its power to prevent further life impact, more casualties are expected.

6. Disaster-Related Unemployment

On March 13, 2020, the Commonwealth initiated a survey of all businesses in Pennsylvania to

determine economic impact because of the Business Closure Orders that have been imposed to prevent the

spread of COVID-19. The survey indicated that a majority of Commonwealth businesses are experiencing

greater than a seventy percent (70%) loss of revenue because of the COVID-19 emergency. The

Commonwealth is still assessing the number of unemployed citizens laid off due to business closures

affected by COVID-19. According to the Pennsylvania Department of Labor and Industry (“L&I”),

746,666 unemployment compensation requests have been filed since March 1, 2020. The February 2020

unemployment rate in Pennsylvania was 4.7%, but with almost 750,000 new unemployment claims this

month, the March 2020 unemployment figure will increase dramatically. The official March 2020 figure

will be available on April 17, 2020.

During this unprecedented time, the Commonwealth is receiving a staggering number of calls, both

in the process of applications for the CWCA Program through DCED, and continued unemployment

compensation filings through L&I. Further, DCED has processed over 21,000 requests from businesses

seeking an exemption from the Business Closure Orders. This number is likely to grow as the Business

Closure Orders remain in effect.




Please consider the information above, along with the data provided in FEMA Form 010-0-13

(enclosed) in your assessment of the Commonwealth’s requests for Public Assistance: Category A, Debris

Removal, Category B, Emergency Protective Measures, Hazard Mitigation statewide; and Individual

Assistance: Disaster Unemployment Assistance, Crisis Counseling, Community Disaster Loans, and the

Disaster Supplemental Nutrition Program. For administrative processing purposes, all information that

would be included in required Enclosure A (Individual Assistance) has been incorporated into this letter. I

do not anticipate requesting the Individuals and Households Program at this time; however, the

Commonwealth reserves the right to request further programs should conditions warrant.

Finally, in addition to Public Assistance and Individual Assistance, the Commonwealth requests

the following:

• Extension of application deadlines for an additional 90 days, reserving the right to request

additional time, to periods of performance and other deadlines pursuant to all active agreements for

the Homeland Security Grant Program, Non-Profit Security Grant Program, and the Emergency

Management Grant Program.

• Extension of appeal deadlines for an additional 90 days, reserving the right to request additional

time, for the FEMA Public Assistance Program. This includes the suspension of appeal decisions

concerning timeliness of appeals for both Recipients and Subrecipients.

• Extension of deadlines for an additional 90 days, reserving the right to request additional time, for

all pending and current Requests for Information (“RFI”) for the FEMA Public Assistance

Program.

• Extension of an additional 90 days, reserving the right to request additional time, for new FEMA

Public Assistance Program determination memos for failure to respond to RFIs, or failure to submit

any other documentation as requested. This request also includes an extension for determination

memos finding costs or Applicants ineligible for FEMA Public Assistance funding.

• Extension of an additional 90 days, reserving the right to request additional time, to periods of

performance, to include time extensions, for the completion of all projects under the FEMA Public

Assistance Program.


performance and other deadlines for all active FEMA Cooperative Technical Partner agreements

in the Commonwealth.


performance and other deadlines for all active FEMA High Hazard Dam agreements in the

Commonwealth.


performance and other deadlines for all active FEMA Community Assistance Program – State

Support Services Element Program agreements in the Commonwealth.




• Extension of an additional 90 days, reserving the right to request additional time, for

Commonwealth communities that have received Letters of Final Map Determination, to implement

required floodplain management ordinances, as the result of a modified Digital Flood Insurance

Rate Map, so that these communities remain in good standing with the National Flood Insurance

Program.

The extensions enumerated above will allow for Commonwealth, county and local government

resources currently dedicated to responding to COVID-19 to remain engaged in their mission without

negatively impacting their ability to respond and act timely where appropriate.

I have designated Jeffrey A. Thomas, PEMA Executive Deputy Director, as the State Coordinating

Officer for this emergency. Deputy Director Thomas is authorized to provide further information,

assurances, requests, or justification on my behalf.

Your consideration of this request to assist the Commonwealth of Pennsylvania in the response to

COVID-19 is greatly appreciated.

Sincerely,

TOM WOLF

Governor

Enclosures

FEMA Form 010-0-13

A: Individual Assistance (NOT APPLICABLE)

B: Public Assistance

C: Requirements for Other Federal Agency Programs (NOT APPLICABLE)

FEMA Form 010-0-13, (5/17) Page 1 of 4

DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency

REQUEST FOR PRESIDENTIAL DISASTER DECLARATION MAJOR DISASTER OR EMERGENCY 1. Request Date

Completion of this form including applicable attachments satisfies legal requirements for emergency and major disaster declaration requests under 42 U.S.C. §§ 5170 and 5191, respectively, as implemented at 44 C.F.R.. §§ 206.35 and 206.36. Failure to use this form may result in a failure to meet these requirements and/or a delay in processing the request. 2a. Name of State (as defined in Stafford Act 102, 42 U.S.C. § 5122) or Indian tribal government requesting declaration.

2b. Population (as reported by 2010 Census) or estimated population of Indian tribal government's damaged area(s).

3. Governor's or Tribal Chief Executive's Name

4. Designation of State or Tribal Coordinating Officer upon declaration (if available) and phone number

5. Designation of Governor's Authorized Representative or Tribal Chief Executive Representative upon declaration (if available) and phone number

6. Declaration Request For:

or

If requesting a "continuing" incident period, enclose an official statement from a qualified Federal Government agency acknowledged as a national authority in a specific incident field (e.g., United States Geological Survey for seismic incidents, the National Weather Service for flooding).

7b. Type of Incident (Check all that apply)

Major Disaster (Stafford Act Sec. 401)

Emergency (Stafford Act Sec. 501(a))

7. Incident Period: Beginning Date End DateContinuing

Drought Earthquake Explosion Fire Flood Hurricane LandslideSevere Storm (rain, high water, wind-driven, rain, hail, lightning)

Snowstorm (Must include Enclosure D: Historic and Current Snowfall Data)

Straight-Line Winds

Tidal Wave Tornado Tropical Depression Tropical Storm Tsunami Volcanic Eruption

Other (please specify)

Winter Storm

Mudslide

8. Description of damages (Short description of impacts of disaster on affected area and population). Include additional details in enclosed Governor's or Tribal Chief Executive's cover letter.

9. Description of the nature and amount of State and local or Indian tribal government resources which have been or will be committed. Include additional details in enclosed Governor's or Tribal Chief Executive's cover letter.

Burden Disclosure Notice Public reporting burden for this form is estimated to average 9 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting the form. This collection of information is required to obtain a benefit. You are not required to respond to this collection of information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, Paperwork Reduction Project (1660-0009). NOTE: Do not send your completed form to this address.

OMB Control Number 1660-0009 Expires 09/30/2019

FEMA Form 010-0-13, (5/17) Page 2 of 4

10. Joint Preliminary Damage Assessment*

11. Programs and Areas Requested

Please see Enclosure A: Supplemental Information for Individual Assistance for additional information in support of this request*.

*Not Required for Emergency Declaration Request

Individual Assistance

Dates PerformedIndividual Assistance

Public Assistance

Requested Start End

Dates Performed Requested Start End

Individual Assistance Accessibility Problems (Areas that could not be accessed, and why)

Public Assistance Accessibility Problems (Areas that could not be accessed, and why)

For the following jurisdictions, specify programs and areas (counties, parishes, independent cities; for Indian tribal government, list tribe(s) and/or tribal area(s)) If additional space is needed, please enclose additional documentation).

For States, identify Federally-recognized Tribes in the requested counties (if applicable).

N/A Individuals and Households Program Crisis Counseling Program

Disaster Unemployment Assistance

All Disaster Case Management Disaster Legal Services Small Business Administration (SBA) Disaster Assistance

FEMA Form 010-0-13, (5/17) Page 3 of 4

11. Programs and Areas Requested (Continued)

Please see Enclosure B: Supplemental Information for Public Assistance for additional information in support of this request*.

Indemnification for Debris Removal Activity

Request for Direct Federal Assistance

Public Assistance N/A Debris Removal (Category A) Emergency Protective Measures (Category B)

Permanent Work (Categories C-G)* (not available for Emergency Declaration Requests)

For the following jurisdictions, specify programs and areas (counties, parishes, independent cities; for Indian tribal government, list tribe(s) and/or tribal area(s)). If additional space is needed or your request includes different categories of work for different jurisdictions; please enclose additional documentation.

For States, identify Federally-recognized Tribes included in the requested counties (if applicable).

Request for Snow Assistance

a. I request the following type(s) of assistance:

b. List of reasons why State and local or Indian tribal government cannot perform, or contract for, required work and services.

Snow assistance for the following jurisdictions (Specify counties, independent cities or tribes and/or tribal areas).

c. In accordance with 44 C.F.R. § 206.208, the State or Indian tribal government agrees that it will, with respect to direct Federal assistance: (1) Provide without cost to the United States all lands, easements, and rights-of-ways necessary to accomplish the approved work; (2) Hold and save the United States free from damages due to the requested work, and shall indemnify the Federal Government against any claims arising from such work; (3) Provide reimbursement to FEMA for the non-Federal share of the cost of such work in accordance with the provisions of the FEMA-State or FEMA-Tribe Agreement ; and (4) Assist the performing Federal agency in all support and local jurisdictional matters.

Please see Enclosure D: Historic and Current Snowfall Data for additional information in support of this request*.


N/A I request snow assistance.

I do not anticipate the need for debris removal.

I anticipate the need for debris removal, which poses an immediate threat to lives, public health and safety. Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, the State or Indian tribal government agrees to indemnify and hold harmless the United States of America for any claims arising from the removal of debris or wreckage for this disaster. The State or Indian tribal government agrees that debris removal from public and private property will not occur until the landowner signs an unconditional authorization for the removal of debris.

I do not request direct Federal assistance at this time.

I request direct Federal assistance for work and services to save lives and protect property, and:

FEMA Form 010-0-13, (5/17) Page 4 of 4

b. In response to this incident, I have taken appropriate action under State or tribal law and have directed the execution of the State or Tribal Emergency Plan on in accordance with the Stafford Act.

11. Programs and Areas Requested (Continued)

12. Mitigation Plan Information*

13. Other Federal Agency Programs

14. Findings and Certifications

15. List of Enclosures and Supporting Documentation

If anyone except the Governor or Tribal Chief Executive signs this document, please provide the documentation that establishes that this individual has the legal authority to act on behalf of the Governor or Tribal Chief Executive.

Hazard Mitigation* OR

b. Type of Plan

Statewide

For the following specific counties, parishes, independent cities or tribes and/or tribal areas.

a. Mitigation Plan Expiration Date

Governor's or Tribal Chief Executive's Signature Date

I certify the following:

Cover Letter Enclosure A (Individual Assistance)* Enclosure B (Public Assistance)*

Enclosure C (Requirements for Other Federal Agency Programs) Enclosure D (Historic and Current Snowfall Data)

Additional Supporting Documentation

Please see Enclosure C: Requirements for Other Federal Agency Programs for additional information in support of this request*.


a. I have determined that this incident is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local government or Indian tribal government and that supplementary federal assistance is necessary.

c. The State and local governments, or Indian tribal government will assume all applicable non-Federal share of costs required by the Stafford Act.

Enhanced Standard

I do not anticipate requirements from Other Federal Agencies

I do anticipate requirements from Other Federal Agencies

ENCLOSURE B: PUBLIC ASSISTANCE

commonwealth of pennsylvania office of the governor · 2020-03-29 · the honorable donald j. trump...

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