Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 248.707, 248.709, 248.711, 248.713,
248.721
NECESSITY, FUNCTION, AND CONFORMITY: KRS 248.709(8) requires
the Kentucky Agricultural Development Board to promulgate administrative
regulations relating to the Tobacco Master Settlement Agreement. This
administrative regulation provides for the investment of a certain portion of
the Agricultural Development Fund by establishing procedures for the submission
of proposals to the Agricultural Development Board or to a county agricultural
development council for grants from the Agricultural Development Fund.
Section 1. Definitions.
(1) "Board" is defined in KRS 248.701(1).
(2) "County council"
means a county agricultural development council.
(3) "Fund" is defined in KRS 248.701(2).
Section 2.
Application for State Agricultural Development Funds.
(1) To apply for agricultural development
funds earmarked for state projects, an applicant shall submit a completed
Application of Agricultural Development Funds to the Kentucky Agricultural
Development Board. Upon receipt, the board shall review and consider the
applications on a monthly basis using the criteria established in KRS 248.711.
(2) The board may make
final funding determinations or refer applications for further review during
each of its monthly meetings. The board may award funds on a disbursement
schedule negotiated between the board and the project applicants.
Section 3. Application for County
Agricultural Development Funds.
(1) To apply
for agricultural development funds earmarked for individual counties, an
applicant shall submit a completed Application of Agricultural Development
Funds to the particular county agricultural development council in the same
manner in which applications for agricultural development funds earmarked for
state projects are submitted to the Kentucky Agricultural Development
Board.
(2) County councils shall
review applications for funds earmarked for individual counties to determine if
the application conforms to the priorities established in the particular county
council's comprehensive plan as defined in KRS 248.709(5). A county council
electing to review an application shall prioritize the application and then
submit the application to the board for review and consideration. County
councils shall submit applications to the board no later than the first day of
each month in order to be reviewed by the board at its regularly-scheduled
monthly meeting following submission of the proposal by a county
council.
(3) The board may make
final funding determinations or refer applications for further review during
each of its monthly meetings. The board may award funds on a disbursement
schedule negotiated between the board and the project applicants.
Section 4. Combined Grants. If a
proposed project makes a regional investment appropriate, applicants may
simultaneously submit applications for funds to more than one (1) county
council, or to a county council or councils and the board. Applications for
combined grants shall follow the procedure applicable to each particular county
council or to the board. The final determination regarding the project shall be
made by the board. Applications for combined grants submitted to the board no
later than the first day of each month shall be reviewed by the board at its
regularly-scheduled monthly meeting following submission of the proposal.
Section 5. Grant Award.
(1) Determinations on project proposals
submitted to the board shall be communicated to project applicants within
thirty (30) days of the board's determination.
(2) Determinations on county council
recommendations submitted to the board shall be communicated to project
applicants and the county council or councils involved within thirty (30) days
of the board's determination.
(3)
Following determination and notification, the board shall require successful
applicants to enter into negotiated legal agreements in order to ensure proper
measures of accountability for use of the public funds held in the Agricultural
Development Fund.
Section
6. Reporting.
(1) All successful
applicants shall be required to provide an annual Programmatic Update Report on
project progress to the board. The first annual report shall be due twelve (12)
months from the date the grant is first issued.
(2) The board shall require the successful
applicant, as part of the negotiated terms of the legal agreement, to provide
quarterly or monthly progress reports, financial reports, or both, to the
board.
Section 7.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
Application for Agricultural Development Funds, edition 4/01; and
(b) Programmatic Update Report, February
2007.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Governor's Office of Agricultural Policy, 404 Ann Street, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 248.709(8)
