Title 106 | Chapter 001 | Regulation 191
SUPERSEDED
This document is no longer current.
DEPARTMENT OF MILITARY AFFAIRS
Division of Emergency Management
(New Administrative Regulation)
106 KAR 1:191.Project application reimbursement.
Section 1.
Definitions. "Emergency Management Assistance Fund" or "EMA Fund" means the funds defined in 106 KAR 1:141, Section 1(5) and (6).Section 2.
Reimbursement Documentation. To apply for reimbursement from the EMA Fund, a local emergency management director shall submit a completed KYEM Form 160, "Local Emergency Management Assistance Claim Form," and vendor invoices or receipts to a Division of Emergency Management area manager and per the process directed by the Division of Emergency Management.Section 3.
Incorporation by Reference.(1)
KYEM Form 160 "Local Emergency Management Assistance Claim Form," is incorporated by reference.(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 9:45 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 regulation requires a local emergency management director to submit a reimbursement claim, with supporting documentation, to request financial reimbursement for an approved project application from the Emergency Management Assistance Fund.
(b) The necessity of this administrative regulation:
This regulation establishes a procedure and the required documents to request reimbursement for an approved project from the Emergency Management Assistance Fund.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 39A.050(2)(j) and 39C.070(2) direct the Division of Emergency Management to require a local emergency management director to submit a reimbursement claim, with supporting documentation. This regulation establishes the reimbursement procedure and documents.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation provides a method for the local director of city, county, urban-county or charter county governments to apply for reimbursement from the Emergency Management Assistance Fund for an approved project application.
(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 seek EMA project application reimbursement.
(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:
Local emergency management directors must submit a completed reimbursement form with documentation to apply for reimbursement for an approved project from the EMA Fund. The Division of Emergency Management will provide guidance and review the reimbursement claim.
(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 local emergency management entities to apply for emergency management project reimbursement which decreases the local entities’ obligations and expenses while allowing an increase in their ability to plan, train, 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 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.
42 U.S.C 5196
(2) State compliance standards.
Local emergency management director will submit a project application with supporting material to request reimbursement from the EMA Fund as required by KRS 39A.050(2)(m), 39C.070(2) and 39C.100.
(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?
Cities, Counties, urban-counties, or charter county governments.
(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
(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 (+/-):
No additional revenue will be generated by the regulations.
Expenditures (+/-):
No additional expenditures will be incurred.
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?
No additional cost will be incurred.
(d) How much will it cost the regulated entities for subsequent years?
No additional cost will be incurred. 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.
Cost Savings (+/-):
No additional cost savings will be realized.
Expenditures (+/-):
No additional costs 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 1:191.Project application reimbursement.
Section 1.
Definitions. "Emergency Management Assistance Fund" or "EMA Fund" means the funds defined in 106 KAR 1:141, Section 1(5) and (6).Section 2.
Reimbursement Documentation. To apply for reimbursement from the EMA Fund, a local emergency management director shall submit a completed KYEM Form 160, "Local Emergency Management Assistance Claim Form," and vendor invoices or receipts to a Division of Emergency Management area manager and per the process directed by the Division of Emergency Management.Section 3.
Incorporation by Reference.(1)
KYEM Form 160 "Local Emergency Management Assistance Claim Form," is incorporated by reference.(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 9:45 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 regulation requires a local emergency management director to submit a reimbursement claim, with supporting documentation, to request financial reimbursement for an approved project application from the Emergency Management Assistance Fund.
(b) The necessity of this administrative regulation:
This regulation establishes a procedure and the required documents to request reimbursement for an approved project from the Emergency Management Assistance Fund.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 39A.050(2)(j) and 39C.070(2) direct the Division of Emergency Management to require a local emergency management director to submit a reimbursement claim, with supporting documentation. This regulation establishes the reimbursement procedure and documents.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation provides a method for the local director of city, county, urban-county or charter county governments to apply for reimbursement from the Emergency Management Assistance Fund for an approved project application.
(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 seek EMA project application reimbursement.
(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:
Local emergency management directors must submit a completed reimbursement form with documentation to apply for reimbursement for an approved project from the EMA Fund. The Division of Emergency Management will provide guidance and review the reimbursement claim.
(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 local emergency management entities to apply for emergency management project reimbursement which decreases the local entities’ obligations and expenses while allowing an increase in their ability to plan, train, 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 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.
42 U.S.C 5196
(2) State compliance standards.
Local emergency management director will submit a project application with supporting material to request reimbursement from the EMA Fund as required by KRS 39A.050(2)(m), 39C.070(2) and 39C.100.
(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?
Cities, Counties, urban-counties, or charter county governments.
(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
(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 (+/-):
No additional revenue will be generated by the regulations.
Expenditures (+/-):
No additional expenditures will be incurred.
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?
No additional cost will be incurred.
(d) How much will it cost the regulated entities for subsequent years?
No additional cost will be incurred. 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.
Cost Savings (+/-):
No additional cost savings will be realized.
Expenditures (+/-):
No additional costs 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.