Resilience in the Infrastructure Investment and Jobs Act (IIJA)

 

Preparedness & Emergency Response


As stated in GCC's Equitable Adaptation Legal & Policy Toolkit, “[o]ne of the most apparent consequences of climate change is the increase in the frequency and intensity of severe weather-related and disaster events that have already posed — and will continue to pose — significant threats to the health and safety of people and to communities. According to the Federal Emergency Management Agency (FEMA), a disaster event can include natural catastrophes, technological accidents, or human-caused events that have resulted in severe property damage, deaths, and/or multiple injuries. In the case of severe weather events, more and more disasters are no longer just ‘natural’ given anthropogenic influences. Examples of these severe weather events that have been, or are expected to be, exacerbated by climate change include heat waves, hurricane intensity, floods, wildfires, and droughts.” “Governments and communities need ways to respond, recover, and prepare to mitigate future risk.”

IIJA provides a mix of funding for new and existing programs and projects related to preparedness and emergency response. These programs are administered by the Department of the Army Corps of Engineers—Civil, the Federal Emergency Management Agency (FEMA) (under the Department of Homeland Security), and the Department of Energy. This section highlights the preparedness and emergency response programs and projects that have resilience features. IIJA provides funding to existing hazard mitigation programs such as $1B for FEMA’s Building Resilient Infrastructure and Communities (BRIC) Program and $500M for grants through the Safeguarding Tomorrow through Ongoing Risk Mitigation Act of 2020 (STORM Act).

On November 15, 2021, IIJA became Public Law 117-58. Each description below includes a citation to where the program is listed in IIJA. Any listed page numbers refer to the page numbers of the Public Law 117-58 PDF document linked here.

Information regarding the programs covered under Justice40 is found here and is updated as of August 18, 2022.


Programs & Projects

Flood Control and Coastal Emergencies

  • Division J, Title III, Page 935
  • Agency: Department of the Army, Corps of Engineers—Civil
  • Description: Funding for Flood Control and Coastal Emergencies projects. 
  • Funding: $251M

Federal Assistance

  • Division J, Title V, Page 958
  • Agency: Department of Homeland Security, Federal Emergency Management Agency
  • Description: Funding for the STORM Act (Section 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5135), for the purposes of “establish[ing] hazard mitigation revolving loan fund programs” that can “fund projects that mitigate natural hazards including wildfires, earthquakes, drought, severe storm events, erosion, storm surges, and high water levels.”See footnote 1 Federal capitalization grants enable local hazard mitigation activities designed to decrease the loss of life and property, insurance costs, and the necessity for future federal disaster relief.See footnote 2
  • Funding: $500M total, $100M each year for fiscal years 2022 through 2026

Building Resilient Infrastructure and Communities Program (BRIC)

  • Division J, Title V, Page 959
  • Agency: Department of Homeland Security, Federal Emergency Management Agency
  • Description: The Building Resilient Infrastructure and Communities (BRIC) Program assists “states, local communities, tribes and territories as they undertake hazard mitigation projects, reducing the risks they face from disasters and natural hazards.”See footnote 3 BRIC provides a consistent source of federal funding for building pre-disaster community resilience.
  • Funding: $1B total, $200M each year for fiscal years 2022-2024
  • Does Justice40 Apply?: Yes

National Flood Insurance Fund: Flood Mitigation Assistance Program

  • Division J, Title V, Page 959
  • Agency: Department of Homeland Security, Federal Emergency Management Agency
  • Description: Money from the National Flood Insurance Fund for flood mitigation actions and assistance. “The Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories. Funds can be used for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program.”See footnote 4
  • Funding: $3.5B
  • Does Justice40 Apply?: Yes

Tribal Climate Resilience

  • Citation: Division J, Title VI, Page 963
  • Description: Money “for tribal climate resilience, adaptation, and community relocation planning, design, and implementation of projects which address the varying climate challenges facing tribal communities across the country.”See footnote 5
  • Funding: $216M ($43.2M to remain available until expended for each year for fiscal years 2022 through 2026)
    • $130M for community relocation
    • $86M for tribal climate resilience and adaptation projects

Miscellaneous

Hazard Mitigation Using Disaster Assistance

  • Section 40102, Page 500
  • Agency: Department of Energy
  • Description: Amendment to section 404(f)(12) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) to add wildfire to the hazard mitigation program.

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