Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
39A.050(2)(i), (j), (m),
39C.010,
42 U.S.C.
5170(c),
5172,
5173,
5196,
50 U.S.C.
1521
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
39A.050(2)(m) requires the
Division of Emergency Management to promulgate administrative regulations to
implement KRS Chapter 39A through 39F.
KRS
39A.050(2)(i) requires the
division to provide funds to a city, county, or charter county government to
support a local emergency management agency and comprehensive emergency
management program. This administrative regulation establishes eligibility
requirements of a city, county, urban-county, or charter county government for
emergency management funding.
Section
1. Definitions.
(1) "Applicant"
means a local emergency management agency of a city, county, urban-county, or
charter county government established pursuant to
KRS
39B.010 and
106 KAR 1:231.
(2) "Emergency management funding" means the
funds defined by subsections (3) through (6) of this section.
(3) "Chemical Stockpile Emergency
Preparedness Program Fund" means the funding established in
50 U.S.C.
1521.
(4) "Federal Disaster and Emergency
Assistance Fund" means the funding granted to the division by the Federal
Emergency Management Agency, under
42 U.S.C.
5170(c),
5172, and
5173.
(5) "Federal Emergency Management Assistance
Fund" means the funding granted to the division by the Federal Emergency
Management Agency, under 42
U.S.C. 5196.
(6) "Supplementary State Fund" means the fund
established in KRS
39C.010 and
39C.020.
Section 2. Eligibility.
(1) To be eligible for emergency management
funding, a city, county, urban-county, or charter-county government shall:
(a) Submit documentation of the establishment
of a local emergency management agency pursuant to
106 KAR 1:231;
(b) Submit documentation of the appointment
of a local director pursuant to
106 KAR 1:241;
(c) Submit a signed memorandum of agreement
issued by the Division of Emergency Management; and
(d) Apply for emergency management funding
through a local director who shall:
1. Ensure
use of an appropriate application form provided by the Division of Emergency
Management;
2. Ensure the official
name of a local emergency management agency is used to specify the applicant in
an application;
3. Exercise
signatory authority established in
KRS
39B.030(9) to execute an
application and a memorandum of agreement issued by the Division of Emergency
Management;
4. Maintain a file of
an application and supporting material; and
5. Submit applications, memoranda of
agreement, and supporting materials prepared for the city, county,
urban-county, or charter-government.
(2) A local director shall submit the
materials required in subsection (1) of this section to an area manager, or as
directed by the Division of Emergency Management, for transmittal to the
director.
Section 3.
Compliance Requirements.
(1) In maintaining
eligibility of a city, county, urban-county, or charter-county government for
emergency management funding, a local emergency management agency shall comply
with 106 KAR 1:171, 201, 211, and
221.
(2) Failure to comply with
applicable federal and state requirements may prevent city, county,
urban-county, or charter-governments from receiving reimbursement funding for
emergency management programs.
STATUTORY AUTHORITY:
KRS
39A.050(2)(i), (m),
39A.070(3),
39C.100,
42 U.S.C.
5170(c),
5172,
5173,
5196,
50 U.S.C.
1521
