Prioritization Criteria and Award Determination

(1) TheSecretarymaydistributeassistancethrough formula-based methods designed to balance the needs of eligible recipients, including by prioritizing certain recipient types or allocating funding among recipients based on program goals, available funding, or the scale of damages. (2) The Secretary may consult with MEMA, OCIR, and EOEEA, as necessary, when applying these criteria. Specific distribution methodologies may be established through guidance issued pursuant to 801 CMR 29.00. (3) When determining whether to provide assistance and the amount of any award, the Secretary mayconsider the following factors and mayapplyformula-based distribution methods consistent with 801 CMR 29.00. (4) Scope and Severity of Impact. The Secretary may consider the magnitude of damage caused by the catastrophic event, including: (a) The number of individuals affected; (b) Extent of damage to critical infrastructure or essential services; or (c) The extent of economic disruption to communities. (5) Damage Category. Awards may vary based on the severity of damage experienced by a recipient. The Secretary may establish damage categories, and these categories may be used to determine flat award levels or formula-based adjustments. (6) Municipal Fiscal Capacity. In determining assistance to municipalities, the Secretary may consider the following indicators of municipal fiscal capacity, including: (a) The level of municipal reserves relative to operating budgets; (b) The municipality’s ability to finance repairs independently; or (c) Other indicators of fiscal stress or financial capacity. Rural Community Considerations. The Secretary may apply adjustments to support municipalities or recipients located in rural communities where: (a) Infrastructure replacement costs may be higher relative to tax base; or (b) Communities may have limited fiscal capacity or access to alternative funding sources. Commitment to Resilient Rebuilding. The Secretary shall prioritize a recipient’s commitment to rebuilding or repairing damaged property in a manner that improves resilience to future catastrophic events by considering future projections of precipitation, sea levels, temperature, and other climate impacts. (9) The Secretary shall require award recipients to provide an attestation indicating that, where feasible and consistent with applicable laws and standards, repairs or reconstruction funded through the program will incorporate reasonable measures to reduce vulnerability to future disasters, which may include alignment with applicable building codes, hazard mitigation strategies, or other resilience standards, guidelines or practices identified by relevant state agencies. The Secretary may adjust awards to recognize efforts to reduce future disaster risk including whether a municipality has adopted and maintained: (a) A FEMA-approved Hazard Mitigation Plan (HMP); (b) A Municipal Vulnerability Preparedness (MVP) plan; or (c) Other recognized resilience or hazard mitigation plans. (11) Agricultural Operations. For agricultural operations, the Secretary may consider factors such as: (a) The scale of the agricultural operation; (b) The acreage impacted by the catastrophic event; (c) Damage to agricultural infrastructure or farmland; or (d) Information from federal agricultural disaster programs or state agricultural agencies. (12) Business Characteristics. For businesses, the Secretary may consider characteristics that reflect the scale or economic role of the business, such as: (a) Whether the business qualifies as a small business under applicable U.S. Small Business Administration size standards; (b) Number of employees; (c) Business size or capacity; or (d) Economic significance to the affected community. (13) Coordination with Other Assistance. Priority may be given where eligible recipients have: (a) Pursued available insurance claims; (b) Applied for federal disaster assistance; or (c) Sought other available public or private funding. (14) The Secretary may adjust award amounts to prevent duplication of benefits.