For PNPs, operating costs are generally not eligible even if the services are emergency services, unless the PNP performs an emergency service at the request of and certified by the legally responsible government entity. Here, the Applicant used the food distribution supplies as part of its normal operations of providing food to the senior citizens it normally served. The administrative record does not include documentation demonstrating that the Applicant purchased those supplies, or provided non-congregate dining, at the request of and certified by a legally responsible government entity. FEMA determines the eligibility of OT, premium pay, and compensatory time costs based on the applicant’s predisaster written labor policy. Here, the Applicant issued a hazard pay policy after the March 13, 2020 emergency declaration. In addition, documentation provided by the Applicant does not adequately distinguish between hours that employees were conducting their normal duties and those spent performing potentially eligible work to tie the claimed FAL hazard pay costs to the performance of eligible emergency protective measures.

The Applicant has not demonstrated that the costs pertaining to food distribution supplies are tied the performance of eligible emergency protective measures. Rather, they are ineligible increased operating costs. Further, the claimed FAL hazard pay costs are not associated with a predisaster written labor policy, nor the performance of eligible work. Therefore, this appeal is denied.

Stafford Act § 403(a)(3). 44 C.F.R. §§ 206.223(a)(1); 206.225(a). PAPPG, at 23, 42, 57, 60-61, 63. Fact Sheet: Private Nonprofit Organizations, at 2. Union Springs Central Sch. Dist., FEMA-4480-DR-NY, at 3. Seneca Falls Central Sch. Dist., FEMA-4480-DR-NY, at 2-3