42 U.S.C. 5170b(3) and 44 CFR 206.225(a)(3) provide that generally; those prudent actions taken by an Applicant to ensure the continuation of essential public services and protect lives and public health are eligible for assistance.FEMA 322; Public Assistance Guide (June 2007); at 54-55 provides that the cost of obtaining power from alternate sources is considered an increased operating expense and is not eligible. The guidance does provide an exception for increased operating costs constituting “reasonable short-term additional costs to an applicant that are directly related to accomplishing specific emergency health and safety tasks as part of eligible emergency protective measures.”Application of this guidance necessitates a distinction between temporary and permanently mounted generators.

Public Assistance Guide; FEMA 322 (June 2007); pages 54-55; 85Public Assistance Digest; FEMA 321 (Jan. 2008); page 135FEMA-DR-4077-OH; Trimble Township Wastewater Treatment District (Jan. 17; 2014)Headnotes42 U.S.C. § 5170b(3) and 44 CFR § 206.225(a)(3) provide that generally; those prudent actions taken by an Applicant to ensure the continuation of essential public services and protect lives and public health are eligible for assistance.FEMA 322; Public Assistance Guide (June 2007); at 54-55 provides that the cost of obtaining power from alternate sources is considered an increased operating expense and is not eligible. The guidance does provide an exception for increased operating costs constituting “reasonable short-term additional costs to an applicant that are directly related to accomplishing specific emergency health and safety tasks as part of eligible emergency protective measures.”Application of this guidance necessitates a distinction between temporary and permanently mounted generators.