Title 040 | Chapter 009 | Regulation 020REG
PROPOSED
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PREVIOUS VERSION
The previous document that this document is based upon is available.
OFFICE OF ATTORNEY GENERAL
Opioid Abatement Advisory Commission
(Amendment)
40 KAR 9:020.Local government application procedure.
Section 1.
Covered Governmental Bodies. Any county, consolidated local government, urban-county government, or city in the Commonwealth that received or will receive opioid funds under KRS 15.293(4) shall be a covered governmental body.Section 2.
Duties of Covered Governmental Bodies.(1)
Consistent with KRS 15.293(4)(c)2., a covered governmental body shall submit an annual certification report provided digitally on the KYOACC website,a.
b.
c.
d.
(2)
Annual certification reportsSection 3.
Noncompliance.(1)
Noncompliance shall include:(a)
Materially falsified information in any certifications filed pursuant to or required by KRS 15.291, KRS 15.293, or related regulations;(b)
Failure to meet certification submission deadlines; or(c)
Failure to expend funds in conformity with the enumerated purposes set forth in KRS 15.291, pursuant to KRS 15.293(5).(2)
The commission shall require covered governmental bodies to reimburse the commission for any funds expended in a noncompliant manner.(3)
The commission shall report noncompliance to the Department of Law for determination as to if further action is necessary to ensure compliance with opioid-related agreements.Section 4.
Incorporation by Reference.(1)
"KYOACC Certification Report" (online submission), is incorporated by reference.(2)
This material shall be inspected, copied, or obtained, subject to copyright law, at the Office of the Attorney General Capital Complex East, 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.RUSSELL COLEMAN, Attorney General
CHRISTOPHER EVANS, Executive Director
APPROVED BY AGENCY: February 13, 2025
FILED WITH LRC: February 14, 2025 at 8:51 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 28, 2025 at 10:00 a.m. Eastern time, at the 1024 Capital Center Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of this hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through April 30, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jessica Bowman, Executive Advisor, Office of the Attorney General, 1024 Capital Center Drive, Frankfort, Kentucky 40601, phone (502) 696-5362, fax (502) 564-2894, email jbowman@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jessie L. Halladay
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedure for a county, consolidated local government, urban-county government, or city of the Commonwealth that receives funds under KRS 15.293(4) to certify use consistent with KRS 15.293.
(b) The necessity of this administrative regulation:
KRS 15.291(3) requires the office to promulgate “administrative regulations to administer funds received by the commission and to oversee the use of funds received under KRS 15.293(4).”
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15.293 requires that “each recipient of funds under KRS 15.293(4) to submit certifications that the use of opioid abatement funds is consistent with the criteria in KRS 15.291(5), a description of the use of funds, and other information as the commission request through the promulgation of administrative regulations.”
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes standards concerning the certification procedures for covered governmental bodies that received or will receive opioid funds.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amended regulation should improve upon the efficiency of the current certification procedure for covered governmental bodies receiving opioid funds. The amendment: clarifies the annual certification reporting structure;
(b) The necessity of the amendment to this administrative regulation:
This amendment is needed to improve efficiency by reducing administrative burden, eliminating redundancies, improving resource allocation.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 15.293 requires that “each recipient of funds under KRS 15.293(4) to submit certifications that the use of opioid abatement funds is consistent with the criteria in KRS 15.291(5), a description of the use of funds, and other information as the commission request through the promulgation of administrative regulations.”
(d) How the amendment will assist in the effective administration of the statutes:
The amendment should simplify the reporting structure for governmental bodies receiving opioid funds;
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Any county, consolidated local government, urban-county government, or city in the Commonwealth that received or will receive opioid funds under KRS 15.293(4) will be affected.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Those governmental bodies that have received or will received opioid fund will need to maintain compliance and submit regular reports. Currently entities submit a form that will no longer be needed due to these changes, so this will reduce some burden upon the governmental bodies and create efficiencies.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The entities should see no additional cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The entities should collectively see increased efficiencies with respect to compliance and reporting.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The office may bear administrative costs in implementing this regulation, which are expected to be minimal and easily absorbed by the office. The system used for certification reporting will be covered by Commission Trust Fund dollars approved by a vote of the Commission in January 2025.
(b) On a continuing basis:
Commission dollars will cover the cost of maintaining the certification report system.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Commission funds have been approved for the ongoing system costs.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
None are believed to be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are established.
(9) TIERING: Is tiering applied?
Tiering was not applied.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15.291 (6), 15.293.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Opioid Abatement Advisory Commission (KYOAAC) is the promulgating agency and is an affected agency.
(a) Estimate the following for the first year:
Expenditures:
Commission funds have been approved for the initial system costs.
Revenues:
The regulation should not result in any net revenues.
Cost Savings:
There should be cost savings in the form of human resource efficiency which are difficult to estimate.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Commission funds have been approved for the ongoing system costs.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation should not cause expenditures by local entities for the first year.
Revenues:
Local entities should receive no revenues from this administrative regulation for the first year.
Cost Savings:
Local entities should receive no cost savings from this administrative regulation for the first year.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This administrative regulation should not generate any expenditures, revenues, or cost savings for local entities in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
There should be no additional regulated entities affected by this administrative regulation.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation should not cause any additional regulated entities to have any expenditures for the first year.
Revenues:
No additional regulated entities should receive any revenues from this administrative regulation for the first year.
Cost Savings:
No additional regulated entities should receive any cost savings from this administrative regulation for the first year.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This administrative regulation should not cause any additional entities to have expenditures, revenues, or cost savings in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation should reduce overall costs for governmental bodies and the commission because it: 1.) provides more cost-effective methods by entities awarded funding via modern technological means; 2.) eases undue reporting; and 4.) leaves compliance monitoring with the agency. For these reasons, the administrative regulation is not expected to have any significant fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The office used a quantitative methodology analysis and consulted with staff resources in determining the fiscal impact.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
The administrative regulation is not expected to have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
The office used a quantitative methodology analysis and consulted with staff resources in determining that the administrative regulation would have no overall negative or adverse major economic impact.
OFFICE OF ATTORNEY GENERAL
Opioid Abatement Advisory Commission
(Amendment)
40 KAR 9:020.Local government application procedure.
Section 1.
Covered Governmental Bodies. Any county, consolidated local government, urban-county government, or city in the Commonwealth that received or will receive opioid funds under KRS 15.293(4) shall be a covered governmental body.Section 2.
Duties of Covered Governmental Bodies.(1)
Consistent with KRS 15.293(4)(c)2., a covered governmental body shall submit an annual certification report provided digitally on the KYOACC website, to the Commission on or before August 31.(2)
Annual certification reports shall be required until the recipient exhausts all funds received pursuant to KRS 15.291 or 15.293 and until the recipient has submitted a certification stating that all funds have been exhausted.Section 3.
Noncompliance.(1)
Noncompliance shall include:(a)
Materially falsified information in any certifications filed pursuant to or required by KRS 15.291, KRS 15.293, or related regulations;(b)
Failure to meet certification submission deadlines; or(c)
Failure to expend funds in conformity with the enumerated purposes set forth in KRS 15.291, pursuant to KRS 15.293(5).(2)
The commission shall require covered governmental bodies to reimburse the commission for any funds expended in a noncompliant manner.(3)
The commission shall report noncompliance to the Department of Law for determination as to if further action is necessary to ensure compliance with opioid-related agreements.Section 4.
Incorporation by Reference.(1)
"KYOACC Certification Report" (online submission), is incorporated by reference.(2)
This material shall be inspected, copied, or obtained, subject to copyright law, at the Office of the Attorney General Capital Complex East, 1024 Capital Center Drive, Suite 200, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.RUSSELL COLEMAN, Attorney General
CHRISTOPHER EVANS, Executive Director
APPROVED BY AGENCY: February 13, 2025
FILED WITH LRC: February 14, 2025 at 8:51 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 28, 2025 at 10:00 a.m. Eastern time, at the 1024 Capital Center Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of this hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through April 30, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jessica Bowman, Executive Advisor, Office of the Attorney General, 1024 Capital Center Drive, Frankfort, Kentucky 40601, phone (502) 696-5362, fax (502) 564-2894, email jbowman@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jessie L. Halladay
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedure for a county, consolidated local government, urban-county government, or city of the Commonwealth that receives funds under KRS 15.293(4) to certify use consistent with KRS 15.293.
(b) The necessity of this administrative regulation:
KRS 15.291(3) requires the office to promulgate “administrative regulations to administer funds received by the commission and to oversee the use of funds received under KRS 15.293(4).”
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15.293 requires that “each recipient of funds under KRS 15.293(4) to submit certifications that the use of opioid abatement funds is consistent with the criteria in KRS 15.291(5), a description of the use of funds, and other information as the commission request through the promulgation of administrative regulations.”
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes standards concerning the certification procedures for covered governmental bodies that received or will receive opioid funds.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amended regulation should improve upon the efficiency of the current certification procedure for covered governmental bodies receiving opioid funds. The amendment: clarifies the annual certification reporting structure;
(b) The necessity of the amendment to this administrative regulation:
This amendment is needed to improve efficiency by reducing administrative burden, eliminating redundancies, improving resource allocation.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 15.293 requires that “each recipient of funds under KRS 15.293(4) to submit certifications that the use of opioid abatement funds is consistent with the criteria in KRS 15.291(5), a description of the use of funds, and other information as the commission request through the promulgation of administrative regulations.”
(d) How the amendment will assist in the effective administration of the statutes:
The amendment should simplify the reporting structure for governmental bodies receiving opioid funds;
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Any county, consolidated local government, urban-county government, or city in the Commonwealth that received or will receive opioid funds under KRS 15.293(4) will be affected.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Those governmental bodies that have received or will received opioid fund will need to maintain compliance and submit regular reports. Currently entities submit a form that will no longer be needed due to these changes, so this will reduce some burden upon the governmental bodies and create efficiencies.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The entities should see no additional cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The entities should collectively see increased efficiencies with respect to compliance and reporting.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The office may bear administrative costs in implementing this regulation, which are expected to be minimal and easily absorbed by the office. The system used for certification reporting will be covered by Commission Trust Fund dollars approved by a vote of the Commission in January 2025.
(b) On a continuing basis:
Commission dollars will cover the cost of maintaining the certification report system.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Commission funds have been approved for the ongoing system costs.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
None are believed to be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are established.
(9) TIERING: Is tiering applied?
Tiering was not applied.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15.291 (6), 15.293.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Opioid Abatement Advisory Commission (KYOAAC) is the promulgating agency and is an affected agency.
(a) Estimate the following for the first year:
Expenditures:
Commission funds have been approved for the initial system costs.
Revenues:
The regulation should not result in any net revenues.
Cost Savings:
There should be cost savings in the form of human resource efficiency which are difficult to estimate.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Commission funds have been approved for the ongoing system costs.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation should not cause expenditures by local entities for the first year.
Revenues:
Local entities should receive no revenues from this administrative regulation for the first year.
Cost Savings:
Local entities should receive no cost savings from this administrative regulation for the first year.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This administrative regulation should not generate any expenditures, revenues, or cost savings for local entities in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
There should be no additional regulated entities affected by this administrative regulation.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation should not cause any additional regulated entities to have any expenditures for the first year.
Revenues:
No additional regulated entities should receive any revenues from this administrative regulation for the first year.
Cost Savings:
No additional regulated entities should receive any cost savings from this administrative regulation for the first year.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This administrative regulation should not cause any additional entities to have expenditures, revenues, or cost savings in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This regulation should reduce overall costs for governmental bodies and the commission because it: 1.) provides more cost-effective methods by entities awarded funding via modern technological means; 2.) eases undue reporting; and 4.) leaves compliance monitoring with the agency. For these reasons, the administrative regulation is not expected to have any significant fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The office used a quantitative methodology analysis and consulted with staff resources in determining the fiscal impact.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
The administrative regulation is not expected to have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
The office used a quantitative methodology analysis and consulted with staff resources in determining that the administrative regulation would have no overall negative or adverse major economic impact.