[House Report 104-792]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-792
_______________________________________________________________________


 
                    SNOW REMOVAL POLICY ACT OF 1996
_______________________________________________________________________


 September 17, 1996.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3348]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3348) to direct the President to 
establish standards and criteria for the provision of major 
disaster and emergency assistance in response to snow-related 
events, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Snow Removal Policy Act of 1996''.

SEC. 2. FINDINGS.

  Congress finds that--
          (1) winter snow storms in recent years, and particularly in 
        1996, have interrupted essential public services and utilities, 
        caused widespread disruption of vital transportation networks, 
        stranded many motorists, and isolated many homes and 
        businesses;
          (2) the impact of the winter snow storms was of such severity 
        and magnitude that effective response was beyond the capability 
        of State and local governments;
          (3) the policy of the Federal Emergency Management Agency for 
        providing major disaster and emergency assistance in response 
        to snow-related events is unclear; and
          (4) regulations should be promulgated for providing major 
        disaster and emergency assistance in response to snow-related 
        events in order to ensure the fair treatment of States and 
        local governments that have incurred costs associated with such 
        a response.

SEC. 3. RULEMAKING TO ESTABLISH STANDARDS AND CRITERIA FOR SNOW-RELATED 
                    EVENTS.

  (a) Notice of Proposed Rulemaking.--The President, acting through the 
Director of the Federal Emergency Management Agency, shall issue a 
notice of proposed rulemaking to promulgate--
          (1) standards and criteria for declaring a major disaster or 
        emergency under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act in response to a snow-related event; 
        and
          (2) standards and criteria for providing assistance under 
        such Act in the case of a snow-related major disaster or 
        emergency, including reimbursement for snow removal and for 
        debris removal and emergency protective measures.
  (b) Requirement.--Rules to be promulgated under this section shall 
ensure that in determining the eligibility of a State or local 
government for assistance in connection with a snow-related event, the 
President will give consideration to existing capabilities of the State 
or local government.
  (c) Deadlines.--The President, acting through the Director of the 
Federal Emergency Management Agency, shall issue--
          (1) a proposed rule under this section not later than 3 
        months after the date of the enactment of this Act; and
          (2) a final rule under this section not later than 9 months 
        after such date of enactment.

                          purpose and summary

    The purpose of H.R. 3348, the ``Snow Removal Policy Act of 
1996,'' is to direct the President, acting through the Federal 
Emergency Management Agency (FEMA), to establish standards and 
criteria for a consistent and fair policy for the provision of 
major disaster and emergency assistance in response to snow-
related events.

                  background and need for legislation

    Over a number of years, there has been confusion regarding 
FEMA's policies for providing assistance for snow removal. In 
particular, during the ``blizzard of 1996'' there was confusion 
and controversy surrounding FEMA's snow removal policies and 
eligibilities for Federal assistance. Representatives and other 
officials in New York, Pennsylvania, the District of Columbia, 
and other jurisdictions complained about FEMA's approach to 
snow removal assistance. Criticisms ranged from a lack of 
clarity, consistency, and uniformity to both overly restrictive 
and overly generous criteria for Federal assistance.
    In January and February of this year, FEMA officials 
distributed guidance on Federal assistance for snow removal in 
response to the blizzards and storms that occurred throughout 
the Northeast and Mid-Atlantic states. The initial guidance and 
subsequent clarifications described eligibilities for major 
disaster declarations and snow removal assistance. The most 
recent iteration of the policy states that counties would be 
designated as eligible for assistance if the total snow removal 
costs for the Blizzard of 1996 (storms occurring during the 
period January 6 through 19) exceed the average of total snow 
removal costs for the past three winter seasons within the 
county. Once a county is designated for assistance, eligible 
costs would be reimbursed under a 75 percent Federal and 25 
percent non-Federal cost share.
    Regarding work eligible for assistance, FEMA guidance 
states that assistance is available for clearance of snow from 
one lane in each direction along designated snow emergency 
routes (or selected primary roads in those communities without 
such designated roadways) and routes necessary to allow the 
passage of emergency vehicles from those snow emergency routes 
to hospitals, nursing homes, and other critical facilities. 
Additional guidance issued between January 12 and February 15 
specifies costs eligible for reimbursement (such as overtime 
labor) and costs ineligible for reimbursement (such as sanding 
and salting). Guidance also provides two options for 
calculating costs (one being the ``eligible time period 
method'' and the other being the ``eligible lane-mile 
method''). State and local officials and others have complained 
about the resulting compilation of policies--some on the 
grounds of confusion and others on the grounds of being too 
restrictive or too generous.
    Confusion regarding snow events stems from two issues: (1) 
what factors should be considered in determining whether an 
area affected by a winter storm should be declared eligible for 
a ``major disaster'' or ``emergency'' assistance? and (2) what 
factors should be considered and what are the limitations in 
providing assistance for snow removal once a declaration has 
been made?
    Regarding the criteria for major disaster and emergency 
declarations, it appears FEMA has yet to adopt criteria or 
other guidance for snow events that has been consistently 
applied. David Rodham, President-elect of the National 
Emergency Management Association, testified before the 
Committee on September 11, 1996, ``FEMA's interpretation of 
[declaration] guidance has varied from disaster to disaster and 
from state to state.''
    Regarding criteria for determining eligible assistance, 
section 403(a)(3)(C) of the Stafford Disaster Relief and 
Emergency Assistance Act provides that major disaster areas may 
receive assistance for the ``clearance of roads * * * necessary 
to the performance for emergency tasks and essential community 
services.'' (Other assistance may be provided in the event of a 
major disaster or emergency due to a winter storm including 
emergency protective measures, but clearance of roads has 
historically been the primary form of assistance offered.) In 
1989 FEMA issued regulations at 44 CFR 206.227 attempting to 
define what snow removal assistance might be available in the 
event of a major disaster. Since these rules were issued, FEMA 
has provided snow assistance for winter storms in 1993, 1994, 
and 1996. However, as the confusion following the Blizzard of 
1996 showed, these regulations have failed to provide adequate 
clarity and conformity.
    Realizing that these problems exist, FEMA is expecting to 
issue a proposed rule on October 1, 1996 that ``will clarify 
the eligible assistance, and help ensure that we treat all 
communities and states fairly and consistently'' (Testimony of 
Dennis H. Kwiatkowski, Deputy Associate Director of FEMA, 
before the Committee, September 11, 1996). However, given that 
FEMA's priorities and rulemaking schedules may change or be 
delayed, the Committee believes that this bill is timely.
    Representative Jack Quinn (R-NY), joined by twenty 
colleagues, introduced H.R. 3348, the Snow Removal Policy Act 
of 1996 on April 29, 1996.

                      discussion of committee bill

    Section 1, Short Title, provides the bill may be cited as 
the ``Snow Removal Policy Act of 1996.''
    Section 2, Findings, includes various Congressional 
findings, that, among other things, emphasize the devastating 
effects of the recent winter storms and the need for clear, 
consistent, and fair policies on snow removal.
    Section 3, Rulemaking to Establish Standards and Criteria 
for Snow-Related Events, directs the President (acting through 
FEMA) to establish criteria and standards for: (1) Declaring a 
major disaster or emergency under the Stafford Act in response 
to snow-related events and (2) for providing assistance, 
including snow removal, debris removal, and emergency 
protective measures. The bill also requires that the President 
give consideration to existing capabilities of state and local 
governments. Finally, the bill establishes deadlines for the 
issuance of a proposed rule (3 months after date of enactment 
of the bill) and a final rule (9 months after date of enactment 
of the bill).
    The bill does not expand or restrict Federal assistance for 
snow removal or mandate that FEMA include any particular 
criteria or standards in its snow removal policy (although it 
does require the President to recognize existing capabilities 
of state and local governments).

               hearings and previous legislative activity

    On September 11, 1996, the Water Resources and Environment 
Subcommittee held a hearing on H.R. 3348, the ``Snow Removal 
Policy Act of 1996,'' Testimony was given by Representative 
Bart Stupak (D-MI); Mr. Dennis Kwiatkowski, Federal Emergency 
Management Agency, Mr. David Rodham, National Emergency 
Management Association; Mr. Charles F. Wynne, Pennsylvania 
Emergency Management Agency; and Mr. Vincent LoVallo, 
Commissioner of Street Sanitation, City of Buffalo, New York.

                        committee consideration

    On September 12, 1996, the Committee ordered the bill 
reported by voice vote Representative Sherwood L. Boehlert (R-
NY), Chairman of the Water Resources and Environment 
Subcommittee, offered an amendment en bloc that modified the 
Congressional findings and increased by 3 months the deadline 
for final promulgation of the regulations. The Committee, in 
compliance with rule XI, clause 2(l) of the Rules of the House 
of Representatives, reports favorably the bill, H.R. 3348.

                      committee oversight findings

    Clause 2(l)(3)(A) of rule XI requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of rule X. The Committee has no 
specific oversight findings.

                        committee cost estimate

    Clause 7(a) of rule XIII requires committees to include 
their own cost estimates in certain committee reports, which 
include, where practicable, a comparison of the total estimated 
funding level for the relevant program (or programs) with the 
appropriate levels under current law.
    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office, pursuant to 
section 403 of the Congressional Budget Act of 1974.
                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 13, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 3348, the Snow Removal Policy Act of 1996, as 
ordered reported by the House Committee on Transportation and 
Infrastructure on September 12, 1996. CBO estimates that 
enacting this bill would result in an increase in discretionary 
spending of less than $100,000 in fiscal year 1997, assuming 
appropriation of the necessary amount. Enacting H.R. 3348 would 
not affect direct spending or receipts; therefor, pay-as-you-go 
procedures would not apply.
    The bill would require the Director of the Federal 
Emergency Management Agency (FEMA) to issue a rule establishing 
criteria in snow-related events for declaring a major disaster 
or emergency and for providing assistance under the Stafford 
Act. In doing so, the bill would direct FEMA to consider the 
existing capabilities of a state or locality in determining 
eligibility for assistance. H.R. 3348 would set deadlines for 
issuing a proposed rule within 3 months and a final rule within 
9 months of enactment.
    Based on information from FEMA, we estimate that the agency 
would spend less than $100,000 in fiscal year 1997 to issue the 
rule. CBO cannot estimate the impact the final rule might have 
on the provision of disaster assistance for snow-related events 
in subsequent years because the rulemaking process has not been 
completed.
    H.R. 3348 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) and would not impose costs on budgets of 
state, local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Daley.
            Sincerely,
                                             James L. Blum,
                                   (For June E. O'Neill, Director).

                     inflationary impact statement

    Clause 2(l)(4) of rule XI requires each committee report on 
a bill or joint resolution of a public character to include an 
analytical statement describing what impact enactment of the 
measure would have on prices and costs in the operations of our 
national economy. The Committee has determined that H.R. 3348 
has no inflationary impact on the national economy.