Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
39A.070(5),
39B.020(3)(d),
39B.030(3),
39B.060,
39C.050(3),
39E.010(1),
39E110(1)(a)(e),(f), 39E150, 39F.190,
42 U.S.C.
11001-11050
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
39B.030(3) requires local
emergency management directors develop a local emergency management plan
consistent with 106 KAR Chapter 1. This administrative regulation establishes
the requirements for processing a local emergency management plan.
Section 1. Definitions.
(1) "Federal fiscal year" means a period
beginning October 1 of a calendar year and ending September 30 of the following
calendar year.
(2) "Local plan"
means the written emergency operations plan of a city, county, charter county,
or urban-county government pursuant to KRS Chapters 39A through 39F.
Section 2. Local Plan Requirement.
(1) A local plan shall:
(a) State title headings for a basic plan and
annexes corresponding to the Kentucky Emergency Management Operation
Plan;
(b) State known hazards that
might impact a local jurisdiction and a detailed analysis of each
hazard;
(c) Catalogue emergency
management and response personnel, equipment, facilities, supplies, materials,
and services;
(d) Identify primary
and alternate emergency operations center (EOC) locations by facility names,
address, and latitude and longitude;
(e) Identify primary and alternate points of
distribution (POD) locations by facility names, address, and latitude and
longitude;
(f) Identify public,
private, and volunteer agencies, entities, and departments comprising the
membership of a local emergency management agency and emergency management
functions (ESFs);
(g) Describe the
duties and responsibilities of each local emergency management agency and
emergency management functions (ESFs) assigned with a local plan; and
(h) Incorporate incident command or
management system procedures into the direction and control annex.
(2) Local plan format and content
shall comply with:
(a) The Kentucky Division
of Emergency Management Standard Operating Guide for the Review, Edit, and
Submission of a County Emergency Operations Plan, 2022 Emergency Management
Preparedness Grant Cycle;
(b)
Responsibilities of the LEPC, Kentucky Emergency Management, Version 7;
and
(c) If applicable, planning
guidance published jointly by the Federal Emergency Management Agency and the
Department of the Army, Planning Guidance for the Chemical Stockpile Emergency
Preparedness Program.
Section 3. Local Plan Process.
(1) Before July 31 of each federal fiscal
year, a local director shall ensure completion of the local plan.
(2) To complete and process a local plan, a
local director shall:
(a) Review the existing
local plan;
(b) Consult the local
emergency planning committee, the local search and rescue coordinator, elected
officials, department heads, agency chiefs, and public and private officers and
leaders or their designees who are members or participants of the emergency
management agency and emergency management functions (ESFs);
(c) Prepare and submit a local plan draft to
an area manager by May 1 annually;
(d) Submit corrected, amended, revised, or
supplemental plan material requested by an area manager within thirty (30)
calendar days following receipt of a written request;
(e) Upon receipt of written concurrence of
the Director of the Division of Emergency Management or designee, submit a
local plan draft for official adoption as established in
KRS
39B.030(3); and
(f) Distribute an officially adopted local
plan to emergency management agency and emergency support functions (ESFs) plan
custodians, the chairperson of the local emergency management planning
committee, local search and rescue coordinator, area manager, and the Director
of the Division of Emergency Management by July 31 annually.
(3) To process a local plan, an
emergency management committee, through its chairperson or other authorized
representative, shall:
(a) Review the local
plan for information reporting consistent with
KRS
39E.120,
39E.210, and
39E.220, within thirty (30)
calendar days of receipt;
(b)
Identify within the local plan's Hazard Analysis section, facilities required
to report under EPCRA, SARA Tier III, and input data within the KYEM Tier II
reporting software system; and
(c)
Reference within the local plan's ESF 10 Annex, the Extremely Hazardous
Substances (EHS) Facility Emergency Response Plan in accordance with
106 KAR 1:081 and the Local
Emergency Planning Committee (LEPC) Annual Certification Letter
(ACL).
(4) A local
search and rescue coordinator shall prepare and submit a local search and
rescue plan draft to the local director by July 31 of each federal fiscal year,
by:
(a) Reviewing an existing local plan
required by KRS
29F.190; and
(b) Preparing and submitting to the local
director an updated plan draft or written notice that an existing local plan
has been reviewed and is current as of the date of the notice.
Section 4.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Standard Operating Guide for the Review, Edit, and Submission of a County
Emergency Operations Plan, 2022 Emergency Management Preparedness Grant Cycle",
2022;
(b) "Responsibilities of the
LEPC, Kentucky Emergency Management, Version 7", September 2021; and
(c) "Planning Guidance for the Chemical
Stockpile Emergency Preparedness Program", May 1996.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Division of Emergency
Management, 100 Minuteman Parkway, Frankfort, Kentucky 40601-6168, Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
39A.050(2)(j), (m),
39A.070(3),
39E.040(6),
39E.080(4),
42 U.S.C.
1102(c),
1103(c),
(d).