Title 106 | Chapter 001 | Regulation 171
SUPERSEDED
This document is no longer current.
DEPARTMENT OF MILITARY AFFAIRS
Division of Emergency Management
(New Administrative Regulation)
106 KAR 1:171.Local emergency management agency program quarterly report.
Section 1.
Quarterly report documentation requirements. Local directors shall submit quarterly report documentation to the Division of Emergency Management by January 15, April 15, July 15, and October 15, through the online portal designated by the Division of Emergency Management for this purpose. Quarterly report documentation shall include minimum required documentation for a scheduled work plan objective as specified in The Emergency Management Assistance (EMA) Annual Program Guidance.Section 2.
Incorporation by Reference.(1)
The Emergency Management Assistance (EMA) Annual Program Guidance.(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.This is to certify that The Adjutant General (TAG) has reviewed and approved this administrative regulation prior to its adoption, as required by KRS 39A.070(3).
HALDANE B. LAMBERTON, Major General, KYNG, Adjutant General
JEREMY C. SLINKER, Director
CHARLES T. JONES, Brigadier General US Army (Ret), Executive Director
APPROVED BY AGENCY: June 7, 2022
FILED WITH LRC: June 15, 2022 at 10:20 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, August 24, 2022, at 9:15 a.m. Eastern Time at 100 Minuteman Parkway, Bldg. 100, Room 202 (EOC 2nd Floor Conference Room) 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 is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public 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 August 31, 2022. 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: Corey Ann Howard Jackson, Legislative Liaison and Policy Specialist, Department of Military Affairs, 100 Minuteman Parkway, Frankfort, Kentucky 40601, phone (502) 330-3323, fax (502) 607-1240, email corey.a.jackson23.nfg@army.mil.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Corey Ann Howard Jackson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the forms and supporting documentation to be submitted by a local director to meet quarterly reporting requirements in KRS 39A.050(2)(j) and 39C.080(2).
(b) The necessity of this administrative regulation:
This administrative regulation facilitates and provides guidance to the local director of city, county, urban-county or charter county government so they may obtain and maintain emergency management funding.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The Division of Emergency Management requires the regular submission of program administration data, records, materials, reports, and documents from local emergency management agencies to ensure compliance with all state and federal funding program requirements. This documentation is to be provided quarterly to substantiate and document the work activity of the local director and agency in performing official duties and work plan objectives. This administrative regulation establishes the forms and documentation described in those statutes previously cited.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation provides detailed guidance to the local director of city, county, urban-county or charter county governments so they may file quarterly reports and substantiate their program activities in order to obtain and maintain emergency management funding.
(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:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect the Department of Military Affairs, Division of Emergency Management and local emergency management directors and agencies that must comply with KRS 39A.050(2)(j) and KRS 39C.080(2).
(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:
Entities must submit the required documentation to establish quarterly work activity of the local emergency management agency through an on-line portal designated by the Division of Emergency Management.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to these entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This regulation allows entities to receive emergency management funding and substantiate their work plan objectives which aids the entities’ ability to plan, operate, mitigate, and respond to local disasters.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
N/A
(b) On a continuing basis:
N/A
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State and federal funding including grants and cooperative agreements. These include: the Chemical Stockpile Emergency Preparedness Program Fund established in 50 U.S.C. 1521; The Federal Emergency Management Assistance Fund granted to the division by FEMA, under 42 U.S.C. 5196 and the Supplementary State Fund established in KRS 39C.010 and 39C.020.
(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:
This administrative regulation does not require an increase in fees or funding.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or relate to fees.
(9) TIERING: Is tiering applied?
Tiering was not used. The regulation will not reduce or modify substantive regulatory requirements, eliminate some requirements entirely, simplify and reduce reporting and recordkeeping requirements, reduce the frequency of inspections, provide exemptions from inspections and other compliance activities, or delay compliance timetables.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
U.S.C 5196 and 50 U.S.C. 1521.
(2) State compliance standards.
KRS 39A.050 requires the Division of Emergency Management to provide funds to the cities, counties, and urban-county or charter county governments of the Commonwealth and to provide funds to these entities for the administrations, operation and maintenance of local emergency management agencies created pursuant to KRS Chapters 39A to 39F. This same statute permits The Division of Emergency Management to require regular submission of program administration data, records, material, reports, or documents from local emergency management agencies to conduct reviews and ensure compliance with state and federal funding programs and to ensure the local program is compatible with the comprehensive emergency management system of the Commonwealth. KRS 39C.080(2) requires the local emergency management director to submit a quarterly work activity progress report to the division. This regulation establishes the submission process and procedure for local directors to meet the quarterly reporting requirement.
(3) Minimum or uniform standards contained in the federal mandate.
Funds contributed to a state or local government have limitations for the use of funds depending on the declaration of an emergency. Funds given to state and local governments have administrative reporting requirements to verify the appropriate funding, account for state and local match contribution requirements and reimbursement.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The city, county, urban-county, or charter county government
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 39A.050(2)(m), 39A.070(3), 39C.100, 42 U.S.C. 5170(c), 5196, 50 U.S.C 1521
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No additional revenue will be generated.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No additional revenue will be generated.
(c) How much will it cost to administer this program for the first year?
No additional cost will be incurred.
(d) How much will it cost to administer this program for subsequent years?
No additional cost will be incurred.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
This administrative regulation will not generate additional revenue
Expenditures (+/-):
This administrative regulation will not create additional expenditures
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
No additional cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No additional cost savings.
(c) How much will it cost the regulated entities for the first year?
(d) How much will it cost the regulated entities for subsequent years?
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
No additional cost savings will be realized.
Expenditures (+/-):
No additional cost will be incurred.
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] The administrative regulation will have no economic impact.
DEPARTMENT OF MILITARY AFFAIRS
Division of Emergency Management
(New Administrative Regulation)
106 KAR 1:171.Local emergency management agency program quarterly report.
Section 1.
Quarterly report documentation requirements. Local directors shall submit quarterly report documentation to the Division of Emergency Management by January 15, April 15, July 15, and October 15, through the online portal designated by the Division of Emergency Management for this purpose. Quarterly report documentation shall include minimum required documentation for a scheduled work plan objective as specified in The Emergency Management Assistance (EMA) Annual Program Guidance.Section 2.
Incorporation by Reference.(1)
The Emergency Management Assistance (EMA) Annual Program Guidance.(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.This is to certify that The Adjutant General (TAG) has reviewed and approved this administrative regulation prior to its adoption, as required by KRS 39A.070(3).
HALDANE B. LAMBERTON, Major General, KYNG, Adjutant General
JEREMY C. SLINKER, Director
CHARLES T. JONES, Brigadier General US Army (Ret), Executive Director
APPROVED BY AGENCY: June 7, 2022
FILED WITH LRC: June 15, 2022 at 10:20 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, August 24, 2022, at 9:15 a.m. Eastern Time at 100 Minuteman Parkway, Bldg. 100, Room 202 (EOC 2nd Floor Conference Room) 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 is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public 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 August 31, 2022. 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: Corey Ann Howard Jackson, Legislative Liaison and Policy Specialist, Department of Military Affairs, 100 Minuteman Parkway, Frankfort, Kentucky 40601, phone (502) 330-3323, fax (502) 607-1240, email corey.a.jackson23.nfg@army.mil.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Corey Ann Howard Jackson
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the forms and supporting documentation to be submitted by a local director to meet quarterly reporting requirements in KRS 39A.050(2)(j) and 39C.080(2).
(b) The necessity of this administrative regulation:
This administrative regulation facilitates and provides guidance to the local director of city, county, urban-county or charter county government so they may obtain and maintain emergency management funding.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The Division of Emergency Management requires the regular submission of program administration data, records, materials, reports, and documents from local emergency management agencies to ensure compliance with all state and federal funding program requirements. This documentation is to be provided quarterly to substantiate and document the work activity of the local director and agency in performing official duties and work plan objectives. This administrative regulation establishes the forms and documentation described in those statutes previously cited.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation provides detailed guidance to the local director of city, county, urban-county or charter county governments so they may file quarterly reports and substantiate their program activities in order to obtain and maintain emergency management funding.
(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:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect the Department of Military Affairs, Division of Emergency Management and local emergency management directors and agencies that must comply with KRS 39A.050(2)(j) and KRS 39C.080(2).
(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:
Entities must submit the required documentation to establish quarterly work activity of the local emergency management agency through an on-line portal designated by the Division of Emergency Management.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to these entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This regulation allows entities to receive emergency management funding and substantiate their work plan objectives which aids the entities’ ability to plan, operate, mitigate, and respond to local disasters.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
N/A
(b) On a continuing basis:
N/A
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State and federal funding including grants and cooperative agreements. These include: the Chemical Stockpile Emergency Preparedness Program Fund established in 50 U.S.C. 1521; The Federal Emergency Management Assistance Fund granted to the division by FEMA, under 42 U.S.C. 5196 and the Supplementary State Fund established in KRS 39C.010 and 39C.020.
(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:
This administrative regulation does not require an increase in fees or funding.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or relate to fees.
(9) TIERING: Is tiering applied?
Tiering was not used. The regulation will not reduce or modify substantive regulatory requirements, eliminate some requirements entirely, simplify and reduce reporting and recordkeeping requirements, reduce the frequency of inspections, provide exemptions from inspections and other compliance activities, or delay compliance timetables.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
U.S.C 5196 and 50 U.S.C. 1521.
(2) State compliance standards.
KRS 39A.050 requires the Division of Emergency Management to provide funds to the cities, counties, and urban-county or charter county governments of the Commonwealth and to provide funds to these entities for the administrations, operation and maintenance of local emergency management agencies created pursuant to KRS Chapters 39A to 39F. This same statute permits The Division of Emergency Management to require regular submission of program administration data, records, material, reports, or documents from local emergency management agencies to conduct reviews and ensure compliance with state and federal funding programs and to ensure the local program is compatible with the comprehensive emergency management system of the Commonwealth. KRS 39C.080(2) requires the local emergency management director to submit a quarterly work activity progress report to the division. This regulation establishes the submission process and procedure for local directors to meet the quarterly reporting requirement.
(3) Minimum or uniform standards contained in the federal mandate.
Funds contributed to a state or local government have limitations for the use of funds depending on the declaration of an emergency. Funds given to state and local governments have administrative reporting requirements to verify the appropriate funding, account for state and local match contribution requirements and reimbursement.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The city, county, urban-county, or charter county government
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 39A.050(2)(m), 39A.070(3), 39C.100, 42 U.S.C. 5170(c), 5196, 50 U.S.C 1521
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No additional revenue will be generated.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No additional revenue will be generated.
(c) How much will it cost to administer this program for the first year?
No additional cost will be incurred.
(d) How much will it cost to administer this program for subsequent years?
No additional cost will be incurred.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
This administrative regulation will not generate additional revenue
Expenditures (+/-):
This administrative regulation will not create additional expenditures
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
No additional cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No additional cost savings.
(c) How much will it cost the regulated entities for the first year?
(d) How much will it cost the regulated entities for subsequent years?
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
No additional cost savings will be realized.
Expenditures (+/-):
No additional cost will be incurred.
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] The administrative regulation will have no economic impact.