SCHUMER LEADS BIPARTISAN COALITION OF ‘SNOW STATE’ SENATORS TO PUSH FEMA TO FIX OUTDATED FEDERAL SNOW AID POLICIES IMPACTING UPSTATE NY AND HELP COMMUNITIES ACROSS COUNTRY BETTER RECOVER FROM SEVERE SNOWSTORMS

After Years Of Dealing With Devastating Snow Storms In Upstate NY, Schumer Launched Efforts Last Year To Update Archaic Federal Snow Policies Which Hinder Communities From Receiving Federal Assistance After Damaging Winter Weather

Now As We Enter Spring, Schumer Wants To Make Next Winter Different And Is Leading A Letter With 25 Senators From Both Sides Of The Aisle Urging FEMA To Use Their Existing Authority To Change The Rules On Snow Reimbursement

Schumer: FEMA’s Policy of No Dough For Snow Has Got To Go!

Doubling down on his push he launched late last year, having seen firsthand how multiple major snowstorms have devastated New York communities, U.S. Senate Majority Leader Charles E. Schumer today announced he is leading a new bipartisan coalition of ‘snow state’ senators to call on the Federal Emergency Management Agency (FEMA) to begin work to update its policies and ensure that Federal funding is more aptly available to communities who are significantly impacted by severe modern snowstorms. The group of 25 senators said FEMA must update its policies to better reflect the cost these storms have on a community and that increased Federal government intervention is necessary to save lives, protect property, and ensure communities have to tools they need to recover from a snow related disaster.

“New Yorkers and communities across our country unfortunately are often left out in the cold after major snow storms, enduring endless bureaucratic red tape to be compensated by the Federal government for snow removal and related activities. When communities can’t get the Federal resources needed to quickly recover after severe snowstorms it has a snowball effect that can have significant financial impacts for our municipalities on the frontlines of these blizzards. I have stood in hundreds of communities in every corner of New York to fight to make sure the feds get communities under siege by snow the help they need, and now I am joining with ‘snow state’ senators from across the country to say enough is enough,” said Senator Schumer. “We must help residents in New York and across the country after disaster hits their communities, not ice them out. That means FEMA’s policy of no dough for snow has got to go.” 

Specifically, the senators are calling on FEMA to reexamine the methodology used to adjudicate whether a snow-related disaster deserves Federal support. Where a rainstorm is judged based on the damage it does to a community, a snowstorm is judged based on if it is worse than any prior snowstorm. More specifically, states impacted by a severe snowstorm can seek reimbursement for "Snow Related Activities" under Public Assistance Category B - Emergency Protective Measures only if a county received record or near record 1-day, 2-day, or 3-day snow fall, as determined by the National Weather Service, where a "near record" is within 10% of the record snowfall.

Schumer said that the real-life implication of this requirement is that a freak storm under perfect conditions could record exceptionally high snowfall totals across 1, 2, or 3 days and necessitate a FEMA declaration. While this is important for that initial event, every subsequent snowstorm that is still far above the average, but less than 10% of the record snowfall is no longer eligible, even if a region suffers 10 such storms in one year. With climate change exacerbating extreme storm systems, these kinds of hypotheticals are becoming more possible than ever before.

The letter, led by Senator Schumer, was cosigned by Senators Rounds (R-SD), Gillibrand (D-NY), Cramer (R-ND), Klobuchar (D-MN), Murkowski (R-AK), Shaheen (D-NH), Collins (R-ME), Smith (D-MN), Hoeven (R-ND), Baldwin (D-WI), Sullivan (R-AK), Whitehouse (D-RI), Reed (D-RI), Warren (D-MA), Markey (D-MA), Blumenthal (D-CT), Murphy (D-CT), Sanders (I-VT), Welch (D-VT), Fetterman (D-PA), King (I-ME), Wyden (D-OR), Merkley (D-OR), and Hassan (D-NH).

A copy of the senators’ joint letter to the FEMA Administrator appears below:

Dear Administrator Criswell,

We write to respectfully urge the Federal Emergency Management Agency (FEMA) to update its methodology for determining if federal reimbursement of snow-related activities is warranted following a severe snowstorm. FEMA must work with the National Weather Service (NWS) to construct a multi-pronged, statistically driven approach to develop an inclusive and complete system for assessing which snowstorms rise to the level of a federal response. Increasingly intense and destructive snowstorms across the United States in recent years have highlighted why FEMA must update its methodology to ensure that federal funds can flow to communities that have been inundated with storms beyond their capacity to respond to. We stand ready to support FEMA as it develops a more inclusive and complete reimbursement methodology for future storms.

Currently, FEMA’s Public Assistance Program and Policy Guide (PAPPG) indicates that states and Tribes impacted by a severe snowstorm can seek reimbursement for “Snow-Related Activities” under Category B – Emergency Protective Measures only if a county received record or near record 1-day, 2-day, or 3-day snowfall, as determined by the NWS. The 1-, 2-, and 3-day snowfall record is assessed and maintained by the NWS, and is a count of how much snow falls within a day. The NWS notes that, “A 'day' is defined as a calendar day (midnight to midnight LST), which is consistent with first-order climate records [where] [m]easurable snowfall (at least 0.1 inches) had to fall on 2 (3) consecutive days in order for it to count as a 2 (3)-day snowfall total.” Additionally, FEMA clarifies that a “near record” is within 10% of the record snowfall.

The real-life implication of this requirement is that a freak storm under perfect conditions could record exceptionally high snowfall totals across 1, 2, or 3 days, increase the NWS snowfall record, and necessitate a FEMA declaration. While this is important for that initial event, every subsequent storm that is still far above the average, but less than 10% of the now-higher record snowfall, is no longer eligible, even if a region suffers 10 such storms in one year. With extreme storm systems becoming increasingly common, FEMA must be prepared with formulae that help ensure an appropriate disaster response.

Furthermore, if a county or Tribal land does not exceed the NWS record totals, then the expense of snow removal, de-icing, salting, snow dumps, and sanding of roads cannot be included in a state’s or Tribal government’s Major Disaster declaration application, making it less likely a state or Tribal government can hit its Major Disaster Public Assistance threshold. While we agree that not every snowstorm warrants a federal disaster response, FEMA’s current single metric approach based only on an all-time snowfall record is an increasingly inaccurate way to assess if federal assistance is justified.

Therefore, we urge FEMA to update its PAPPG to adopt a multi-pronged, statistically driven methodology for determining if federal reimbursement for snow-related activities is warranted following a severe snowstorm, and to work with the NWS to develop a more inclusive and complete system for assessing which snowstorms rise to the level of a federal disaster response.

It is our strong belief that C.F.R. 206.227, stemming from the authority provided in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, provides sufficient authority for FEMA to interpret “record or near record snowstorms” in a multi-pronged, statistically driven approach in the updated version of the PAPPG. FEMA, working in coordination with the NWS, has the authority to determine what “record or near record snowstorms” means in the context of this regulatory language. We urge FEMA, in coordination with the NWS, to use all the tools and data at its disposal to use this broad definition to implement the statistically driven, multi-pronged approach to determine snow assistance eligibility that best serves Americans impacted by severe snow-related weather.

If FEMA concludes that it is not possible to update the PAPPG in the ways outlined above, we urge FEMA to make these changes through its agency rulemaking process. We are confident that a multi-pronged, statistically driven approach for determining if federal reimbursement for snow-related activities is warranted following a severe snowstorm, and strongly believe that this interpretation will allow FEMA to better fulfill its mission to help people before, during, and after disasters. Our states’ residents have seen firsthand how difficult it is to dig out after a severe snowstorm, and FEMA’s assistance is critical to ensuring that communities impacted by severe weather can recover and rebuild to be more prepared for the next storm.

We appreciate your attention to this important matter and look forward to your response. Please do not hesitate to reach out to our staff with any questions.

Sincerely, 

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