Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
39E.050,
39E.230
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
39E.040(3) requires the KERC
to develop reporting requirements and procedures for individuals, businesses,
and governmental agencies that manufacture, use, store, or transport hazardous
substances.
KRS
39E.040(6) requires the
commission to recommend administrative regulations to the director for issuance
by the Division of Emergency Management to implement KRS Chapter 39E. This
administrative regulation establishes criteria and procedures to be met by
state agencies requesting funds generated by
KRS
39E.050.
Section
1. Eligibility of State Agencies. State agencies that perform
functions to assist the KERC in the administration of its programs and
activities at the state level shall be eligible to apply for funding.
Section 2. State Agency Procedures.
(1) State agencies that apply for financial
assistance shall apply by completing an LEPC Grant Application (KERC Form:
101-GA, incorporated by reference in
106
KAR 1:091) and shall include an LEPC Detailed Budget
(KERC Form: 102-DB, incorporated by reference in
106
KAR 1:091) identifying how the requested funds are to
be spent.
(2) State agencies may
request funding for staff to support the commission in the administration of
its programs and activities at the state level. If a request for staff is
included in the grant request, the state agencies shall attach a position
description detailing job duties and an organization chart defining that
position within the agency.
(3) The
Grant Application and Detailed Budget shall be submitted to the KERC program
manager no later than April 30.
(4)
The KERC program manager shall review the Grant Application and Detailed Budget
submissions for completeness and conformance to KRS Chapter 39E and KAR Title
106, note any recommendations, and forward them to the Grant Review Committee
no later than May 31.
(5) The Grant
Review Committee, with a quorum present, shall review all grant requests from
state agencies and forward committee recommendations to the KERC for final
approval.
(6) The KERC shall make
the grant awards no later than July 30.
(7) The chairman of the KERC, or designee, or
the Grant Review Committee may request additional information, which shall be
provided by the state agency. Failure to provide the requested information
shall invalidate the state agency's request for funding.
Section 3. Requests for Modifications.
(1) A request for modification of a grant
award shall be required if there is a change in the grant request or if a state
agency is unable to expend the funds for which the grant was awarded.
(a) A request for modification shall be
submitted by the state agency for approval or denial by the commission using
LEPC Detailed Budget, KERC Form 102-DB (106
KAR 1:091. Kentucky Emergency Response Commission fee
account grant requirements for Local Emergency Planning Committees, Section 4.
Requests for Modifications.).
(b)
Unexpended monies shall be returned to the KERC fee account fund annually at
the expiration of the current year grant cycle.
(2) Requests for modifications of grant
awards shall be submitted on an LEPC Detailed Budget (KERC Form: 102-DB,
incorporated by reference in
106
KAR 1:091) and, except for due dates, shall be
processed in accordance with Sections 2 and 4 of this administrative
regulation. Requests for modifications may be submitted throughout the grant
period.
Section 4.
Requirements for Funding Accountability.
(1)
Funds provided by the KERC shall be subject to fiscal accountability prescribed
by the state auditor of public accounts.
(a) A
Memorandum of Agreement (MOA) between the state agency making application and
the Chairman of the KERC shall be executed.
(b) All funds shall be subject to audit by
the KERC and the state auditor of public accounts.
(2) Grant awards approved by the KERC may be
withheld for:
(a) Noncompliance with
KRS
39E.050;
(b) Noncompliance with this administrative
regulation; or
(c) Failure to
provide required documentation.
(3) All funding allocation decisions shall be
made by the KERC and shall be dependent upon availability of fees
collected.
STATUTORY AUTHORITY:
KRS 39E.040(3),
(6),
39E.050
