290 IAC 1 — ARTICLE 1. STATE DISASTER RELIEF FUND

TITLE 290 DEPARTMENT OF HOMELAND SECURITY NOTE: Under P.L.22-2005, SECTION 60, the name of the State Emergency Management Agency is changed to the Department of Homeland Security, effective April 15, 2005.

ARTICLE 1. STATE DISASTER RELIEF FUND

Rule 1

290 IAC 1-1-0.5 290 IAC 1-1-0.5 Purpose

Rule 1. Public Assistance Grants Eligibility; Application Procedures

290 IAC 1-1-0.5 Purpose

Authority: IC 10-14-4-11

Affected: IC 10-14-4

Sec. 0.5. The state disaster relief fund public assistance program is established to

provide financial assistance to qualifying eligible entities for the:

(1) costs of repairing, replacing, or restoring public property damaged or destroyed by a disaster; and

(2) disaster response costs incurred by an eligible entity during a disaster.

(Department of Homeland Security; 290 IAC 1-1-0.5; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-1-1 290 IAC 1-1-1 Definitions

290 IAC 1-1-1 Definitions

Authority: IC 10-14-4-11

Affected: IC 10-14-3-1; IC 10-14-3-17; IC 10-14-4-2; IC 10-19-2-1; IC 10-19-3-1

Sec. 1. (a) The definitions in this section apply throughout this rule.

(b) "Active disaster" means any damaging event currently under consideration by the department for funding under the state disaster relief fund.

(c) "Applicant" means an eligible entity

(4)

whose executive submits an application for a grant under this rule.

(d) "Applicant's agent" means the person authorized by the executive of the applicant to act on behalf of the applicant for a grant.

(e) "County emergency management director" means the individual described in IC 10-14-3-17(d)(2).

(f) "Damage assessment" means a comprehensive assessment of all damages to public property, which includes verifiable estimates of repair or replacement costs. This also includes costs for removing debris deposited in the public right-of-way, but generally does not include other disaster response costs unless the response cost is also shown to appropriately be classified as a damage.

(g) "Department" means the department of homeland security established under IC 10-19-2-1.

(h) "Director" means the executive director of the department appointed under IC 10-19-3-1.

(i) "Disaster" has the meaning set forth in IC 10-14-3-1.

(j) "Disaster response costs" means the additional and necessary expenses incurred by an eligible entity during a disaster for debris removal deposited in the public right-of-way, equipment costs, and other costs generally not included as part of the damage assessment but are incurred as part of the eligible entity's response. This includes:

(1) costs for overtime or backfill employees that would not have been incurred outside the disaster; and

(2) state verification surveys conducted by the state or a local unit of government at the written direction of the department.

The term does not include snow removal.

(k) "Eligible entity" has the meaning set forth in IC 10-14-4-2. For purposes of this rule, the term excludes individuals.

(l) "Public property" means any property an eligible entity owns, maintains, operates, or may be financially responsible for, and includes the following:

(1) Transportation systems, roads, streets, highways, bridges, and other public ways and their necessary appurtenances.

(2) Buildings and structures.

(3) Water control facilities, dams, levees, dikes, ditches, and other drainage or flood control devices.

(4) Parks and recreational facilities.

(5) Utilities, such as sewer systems, lift stations, water treatment, storage, and distribution facilities.

(6) Other infrastructure.

(m) "State public assistance plan" means the plan prepared by the department, which contains the current equipment usage rates approved by the Federal Emergency Management Agency.

(n) "Uninsured loss" means a financial loss to an eligible public assistance applicant due to the costs of repair, restoration, or other actions relating to damages to public property, and which financial loss is not compensated by insurance. The term does not include a deductible amount the insured applicant must pay before any insurance proceeds are paid.

(Department of Homeland Security; 290 IAC 1-1-1; filed Jan 25, 2001, 11:15 a.m.: 24 IR 1608; readopted filed Sep 25, 2007, 9:07 a.m.: 20071010-IR-290070492RFA; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-1-2 290 IAC 1-1-2 Application requirements

290 IAC 1-1-2 Application requirements

Authority: IC 10-14-4-11

Affected: IC 10-14-3-29; IC 10-14-4-7; IC 10-14-4-8.5

Sec. 2. (a) An eligible entity suffering disaster damages to public property may apply for a state disaster relief fund public assistance grant. To apply, the applicant must meet the following requirements:

(1) Maintain an emergency management program or be incorporated into a county emergency management program that is established before the disaster.

(2) Be located in a jurisdiction containing territory covered by a disaster emergency declared by the governor.

(3) Conduct a local damage assessment and submit the results to the department, in a method approved by the department, through the county emergency management director within thirty (30) days after the event. Requests for additional time to complete a damage assessment may be granted for good cause shown if made within the thirty (30) day period.

(4) Obtain a preliminary determination from the department that the eligible entity has met the public property damage threshold established in IC 10-14-4-7. In making the determination, the department shall review the damage assessment to verify the costs are legitimate, limited to public property damage, and meet or exceed the threshold.

(5) Comply with the requirements in IC 10-14-4.

(6) Complete an application on a form and in a manner provided by the department, which includes the following information:

(A) The name and title of the person who will act as the applicant's agent.

(B) A line item description of:

(i) the verified damage, response, and repair or replacement costs, by category, for which assistance is requested;

(ii) whether the damage or cost is or may be covered by insurance, donated services, goods, or money, or recouped in any other way; and

(iii) whether and to what extent mitigation funds under 290 IAC 1-3-2(a)(1) are being requested to restore the damaged public property to prevent loss from future disasters.

Costs for backfill employees may only be included if they satisfy the requirements of IC 10-14-4-8.5.

(C) The email address of the applicant.

(D) The mailing address of the applicant.

(E) The office phone number of the applicant.

(F) The amount and scope of insurance coverage held by the applicant.

(G) The latest U.S. census population total for the applicant or, if requesting a variance for population calculation, the U.S. census population estimate.

(H) A copy of the local disaster emergency declared for the event under IC 10-14-3-29.

(I) The types of mitigation activities described in IC 10-14-4-7(d) the applicant has completed, and were current, as of the date of the event.

(J) A signed statement by the applicant's executive that certifies:

(i) the information in the application is accurate and complete;

(ii) the damaged public property is the responsibility of the applicant;

(iii) at the time of the disaster, the applicant had in effect an emergency operations plan, which was implemented in a timely manner at the beginning of the disaster;

(iv) the applicant's commitment of local resources; and

(v) state assistance is required to supplement local resources to effectively respond to the disaster.

(K) Other information as required by the department to make eligibility and award determinations, including any variances requested.

(7) Submit the application to the department within ninety (90) days after the governor declares the state of disaster emergency.

(b) As provided in section 2.5 of this rule, the grant will be provided on a reimbursement basis. If the applicant believes it will need a working capital advance to be able to cover its expected disbursement needs during the initial stages of its rebuilding and recovery projects, the applicant may request a working capital advance. If the applicant is requesting a working capital advance, the applicant must include the following information in its grant application:

(1) The amount of the working capital advance being requested.

(2) The basis for this amount.

(3) Enough information demonstrating that it will not be able to proceed with the project unless a working capital advance is provided.

(Department of Homeland Security; 290 IAC 1-1-2; filed Jan 25, 2001, 11:15 a.m.: 24 IR 1609; readopted filed Sep 25, 2007, 9:07 a.m.: 20071010-IR-290070492RFA; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-1-2.5 290 IAC 1-1-2.5 Grant award

290 IAC 1-1-2.5 Grant award

Authority: IC 10-14-4-11

Affected: IC 4-21.5-3-5; IC 4-21.5-3-7; IC 10-14-4-7

Sec. 2.5. (a) Complete applications will be reviewed and acted upon by the department. The decision to grant or deny, in whole or in part, the application for a state disaster relief fund public assistance grant shall not be made until it is determined whether the applicant will be eligible to receive federal public assistance disaster funds. Applicants eligible to receive federal public assistance disaster funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to as the Stafford Act under 42 U.S.C. 5721 et seq., are not eligible to receive a state disaster relief fund public assistance grant.

(b) The decision granting or denying, in whole or in part, the application for a state disaster relief fund public assistance grant shall be issued by the department under the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7, the matter will be transferred to the office of administrative law proceedings for assignment of an administrative law judge.

(c) State disaster relief fund public assistance grants will be made as follows:

(1) After all applications have been received for a specific disaster, including applications under the individual assistance program as prescribed in 290 IAC 1-2-1.5, if applicable, the department will determine and set aside the amount of public assistance state disaster relief funds and individual assistance disaster relief funds available to provide grants for the disaster. Once determined, the set asides for each program are kept separate and distinct, and may be modified only by the director for good cause. The total amount set aside for both individual and public assistance for the same event may not exceed fifty percent (50%) of the total amount in the state disaster relief fund as of the date of the governor's disaster declaration or director's finding under 290 IAC 1-2-1.5(3)(B), whichever comes earlier. If there is more than one (1) active disaster for which set asides have not yet been made, the events and applicant pool may be combined, at the department's discretion. The total amount set aside for use between the events may not exceed seventy-five percent (75%) for not more than two (2) disasters, or ninety percent (90%) for at least three (3) disasters, of the total amount in the state disaster relief fund as of the date of the governor's disaster declaration or director's finding under 290 IAC 1-2-1.5(3)(B), whichever comes first, for the first event.

(2) If the public assistance program set asides do not satisfy the full amount each applicant qualifies for, awards are distributed by dividing the set aside amount by the number of public assistance applicants, and awarding an equal amount to each applicant up to an applicant's qualifying maximum. A remainder from the set aside, after a full award is met, is divided equally between the remaining applicants until the money in the set aside is exhausted or the awards are fully funded.

(3) The grant amount to each public assistance applicant may also not exceed the amount determined using the formula specified in IC 10-14-4-7.

(d) The state disaster relief fund public assistance grant is provided to a grantee on a reimbursement basis unless the applicant has applied for, and the department has approved, a working capital advance for the project. If the department does provide the grantee with a working capital advance for the project, any further payment of the grant funds shall be reimbursements of the grantee's actual disbursements.

(e) To the extent a cost is identified in the department's state public assistance plan, the cost may only be covered at the rates contained in the department's state public assistance plan, as in effect on the date of the disaster.

(f) Grants may only be awarded to cover an uninsured loss or a response cost.

(Department of Homeland Security; 290 IAC 1-1-2.5; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-1-3 290 IAC 1-1-3 Public assistance eligibility (Repealed)

290 IAC 1-1-3 Public assistance eligibility (Repealed)

(Repealed by Department of Homeland Security; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA).

290 IAC 1-1-4 290 IAC 1-1-4 Inspection and returned funds

290 IAC 1-1-4 Inspection and returned funds

Authority: IC 10-14-4-11

Affected: IC 10-14-4

Sec. 4. (a) Inspections of the projects funded by the state disaster relief fund may be made by a representative of the department at any time. The department may request an audit by the state board of accounts of any grant. Both the department and the applicant shall maintain records of all grant applications and grant files for three (3) years after completion of the project or projects funded by the grant to enable such an audit to be completed.

(b) Grant funds found by the department to have been spent in a manner inconsistent with the specific purpose for which the applicant originally applied:

(1) shall be refunded by the applicant and returned to the state disaster relief fund; and

(2) the department may, in addition to the amount of the inappropriately spent grant funds, seek reimbursement for all costs associated with the collection of the inappropriately expended grant funds.

(Department of Homeland Security; 290 IAC 1-1-4; filed Jan 25, 2001, 11:15 a.m.: 24 IR 1609; readopted filed Sep 25, 2007, 9:07 a.m.: 20071010-IR-290070492RFA; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA)

290 IAC 1-1-5 290 IAC 1-1-5 Available categories of public assistance (Repealed)

290 IAC 1-1-5 Available categories of public assistance (Repealed)

(Repealed by Department of Homeland Security; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-1-6 290 IAC 1-1-6 Duplication of benefits prohibited

290 IAC 1-1-6 Duplication of benefits prohibited

Authority: IC 10-14-4-11

Affected: IC 10-14-4

Sec. 6. Damage costs recouped or services or materials, or both, provided at no cost, such as insurance settlements and donations of services or materials, will be considered in evaluating an application to ensure that a grant from the fund is not duplicating benefits received from other sources.

(Department of Homeland Security; 290 IAC 1-1-6; filed Jan 25, 2001, 11:15 a.m.: 24 IR 1610; readopted filed Sep 25, 2007, 9:07 a.m.: 20071010-IR-290070492RFA; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-1-7 290 IAC 1-1-7 Audits

290 IAC 1-1-7 Audits

Authority: IC 10-14-4-11

Affected: IC 10-14-3; IC 10-14-4

Sec. 7. Audits of grant awards may be conducted by or on behalf of the department when all eligible grant awards to public assistance applicants have been made. Audits of grant award application files and receipts may be conducted for a period of up to three (3) years after the grant award to verify approved use of grant funds. In addition, grant application files may be audited to ensure that an application was properly processed even if a grant was not awarded to the applicant.

(Department of Homeland Security; 290 IAC 1-1-7; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

Rule 2

290 IAC 1-2-1 290 IAC 1-2-1 Definitions

Rule 2. Individual Assistance Eligibility; Application Procedures

290 IAC 1-2-1 Definitions

Authority: IC 10-14-4-11

Affected: IC 10-14-3-1; IC 10-14-4; IC 10-19-2-1; IC 10-19-3-1; IC 25-4; IC 25-31

Sec. 1. (a) The definitions in this section apply throughout this rule.

(b) "Affected area" means the county or counties included in the United States Small Business Administration local disaster declarations.

(c) "Applicant" means an individual who submits an application on behalf of a household for financial assistance under IC 10-14-4.

(d) "Damage assessment" means a comprehensive assessment of damages to include verifiable estimates of repair or replacement costs.

(e) "Department" means the department of homeland security established under IC 10-19-2-1.

(f) "Director" means the executive director of the department appointed under IC 10-19-3-1.

(g) "Disaster" has the meaning set forth in IC 10-14-3-1.

(h) "Uninsured loss" means a financial loss to an eligible individual assistance claimant resulting from damage to an item or items in an available category under section 6 of this rule belonging to an applicant who receives no insurance recovery for the loss. The term does not include a deductible amount the insured applicant must pay before any insurance proceeds are paid.

(Department of Homeland Security; 290 IAC 1-2-1; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA) NOTE: 290 IAC 1-2-1(c) and 290 IAC 1-2-1(f) were voided by P.L.70-2019, SECTION 2, effective April 24, 2019; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-2-1.5 290 IAC 1-2-1.5 Program initiation

290 IAC 1-2-1.5 Program initiation

Authority: IC 10-14-4-11

Affected: IC 10-14-4

Sec 1.5. Individual assistance under the state disaster relief fund is open for applications once all the following occur:

(1) A local disaster emergency is declared.

(2) Local damage assessments are completed and submitted to the department by the county emergency management agency director, or completed by the department if there is not an active county emergency management agency, within thirty (30) days after the event. Requests for additional time to complete a damage assessment may be granted for good cause shown if made within the thirty (30) day period.

(3) There is a finding that state assistance is needed to supplement local resources to effectively respond to the disaster:

(A) in a disaster declaration issued by the governor that explicitly opens individual assistance; or

(B) by the director, after receiving local damage assessments under subdivision (2) that identify at least ten (10) primary residences in the jurisdiction have sustained at least forty percent (40%) uninsured loss as compared to their fair replacement value or pre-disaster fair market value.

(Department of Homeland Security; 290 IAC 1-2-1.5; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-2-2 290 IAC 1-2-2 Application procedures

290 IAC 1-2-2 Application procedures

Authority: IC 10-14-4-11

Affected: IC 4-21.5-3-5; IC 4-21.5-3-7; IC 10-14-3; IC 10-14-4-14; IC 25-4; IC 25-31

Sec. 2. (a) Eligible individuals and families suffering damages may apply for individual disaster assistance program financial assistance. To apply, the applicant must meet the following requirements:

(1) Have sustained damages at their primary residence, which they own or rent, and which is located in the local jurisdiction that declared the disaster.

(2) Complete the individual disaster assistance program application form provided by the department that includes the following information:

(A) The applicant's name, address, email and telephone number.

(B) A description of the loss and eligible items as a result of the disaster.

(C) Whether and to what extent mitigation funds under 290 IAC 1-3-2(a)(1) are being requested to restore the damaged property to prevent future loss from future disasters.

(D) The applicant's proof of ownership or rent receipts.

(E) The applicant's proof of loss, which must include at least one (1) of the following items:

(i) A damage report of a damage estimate from the following:

(AA) A contractor regularly engaged in the business of disaster damage repair or replacement.

(BB) A professional engineer registered under IC 25-31 or a registered architect under IC 25-4.

(CC) An employee of a local, state, or federal government agency.

(ii) An invoice from any person described in subitem (AA) documenting the nature of loss and eligible items.

(iii) A letter denying coverage from the applicant's insurer for eligible items.

(F) Evidence demonstrating the loss is an uninsured loss, which may be a letter from the applicant's insurance company or an affidavit completed by the applicant if the applicant does not have insurance.

(G) A copy of a deed, lease, or sworn statement of the property owner indicating that the applicant resides at the location that sustained damages.

(3) Submit the application to the department not more than ninety (90) days after the finding under section 1.5(3) of this rule.

(b) The decision granting or denying, in whole or in part, the application for individual disaster assistance program financial assistance shall be issued by the department under the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7, the matter will be transferred to the office of administrative law proceedings for assignment of an administrative law judge.

(c) Individual disaster assistance amounts shall be determined based on the receipts or repair estimates supplied by the applicant.

(d) The total amount of individual assistance for any disaster shall be identified under 290 IAC 1-1-2.5(c)(1), and awards for individual assistance are apportioned using the method described in 290 IAC 1-1-2.5(c)(2) and may not exceed the statutory limit set in IC 10-14-4-14.

(Department of Homeland Security; 290 IAC 1-2-2; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-2-3 290 IAC 1-2-3 Eligibility requirements (Repealed)

290 IAC 1-2-3 Eligibility requirements (Repealed)

(Repealed by Department of Homeland Security; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-2-4 290 IAC 1-2-4 Inspection and returned funds

290 IAC 1-2-4 Inspection and returned funds

Authority: IC 10-14-4-11

Affected: IC 10-14-3; IC 10-14-4

Sec. 4. (a) Inspections of the property that is the subject of a financial assistance application may be made by an inspector employed by, or authorized to act on behalf of, the department to verify the following:

(1) The damages or costs claimed.

(2) Repairs or other improvements made.

(3) Compliance with any requirement of this rule or IC 10-14-4.

(b) Financial assistance found by the department to have been spent for a purpose other than the specific purpose for which the financial assistance was made:

(1) shall be refunded to the department by the applicant and returned to the state disaster relief fund; and

(2) the department may, in addition to the amount of the inappropriately spent financial assistance, seek reimbursement for costs associated with collecting the improperly spent financial assistance.

(Department of Homeland Security; 290 IAC 1-2-4; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-2-5 290 IAC 1-2-5 Audits

290 IAC 1-2-5 Audits

Authority: IC 10-14-4-11

Affected: IC 10-14-3; IC 10-14-4

Sec. 5. Audits of financial assistance may be conducted by or on behalf of the department when all eligible financial assistance to individual assistance applicants has been made, and each appeal is final. Audits of financial assistance application files and receipts may be conducted for a period of up to three (3) years after financial assistance is awarded to verify the approved use of financial assistance funds. In addition, financial assistance application files may be audited to ensure that an application was properly processed even if financial assistance was not awarded to the applicant.

(Department of Homeland Security; 290 IAC 1-2-5; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-2-6 290 IAC 1-2-6 Available categories

290 IAC 1-2-6 Available categories

Authority: IC 10-14-4-11

Affected: IC 10-14-3; IC 10-14-4-5

Sec. 6. (a) Individual financial assistance is available for repairing, replacing, restoring, or actions relating to the following categories of disaster damaged property owned or rented by an eligible applicant and occurring at their primary residence:

(1) Home repairs.

(2) Essential furnishings, such as living room furniture, bedroom furniture, and kitchen furnishings.

(3) Essential clothing.

(4) Essential appliances or utilities, such as a cooking range, refrigerator, water heater, and furnace. Space heaters or portable heaters may be counted only if they are the sole heat source for a room in the house. Air conditioners, either central or window units, may be included if there is a medical condition for which the appliances are required by a physician. Window fans or any other fans to move air used for cooling or drying wet surfaces are allowed.

(5) Essential tools and equipment needed for employment or school. To qualify, the item must be verified by the applicant's employer or educational institution, with a listing of what is required.

(6) Debris removal for damaged carpet, furniture, furnishings, appliances, and disaster generated debris on the home site that prevents access or use of the residence or its accessory structures.

(7) Essential inspections to determine habitability of a structure.

(8) Uninsured medical devices, such as the following:

(A) Eyeglasses or contact lenses.

(B) Dentures.

(C) Wheelchairs.

(D) Crutches.

(E) Leg braces.

(F) Prosthetic devices.

(G) Motorized chairs.

(9) Essential transportation vehicle, which must be used and essential for employment or medical care. A current license and registration to the applicant or coapplicant is required, and the vehicle must be covered by the minimum motor vehicle insurance required by the state of Indiana. The maximum award for essential transportation repairs or replacement is capped at the fair market value of the vehicle at the time of the loss.

(10) Temporary housing, which may be made available by the department for applicants whose primary residence is determined to no longer be habitable and alternative housing arrangements cannot be made. Temporary housing is limited to vouchers or reimbursement for lodging at short term housing providers (e.g., hotels, motels, etc.) and may not be used for security deposits or other similar expenses.

(b) An individual or a household may determine how financial assistance is to be allocated among eligible items when the value of the damage or loss to more than one (1) of the eligible items equals or exceeds the total amount of the financial assistance.

(c) Individual financial assistance shall not be used for costs of any of the following:

(1) Medical care.

(2) Injuries from the disaster.

(3) Prescription medicines.

(4) Allergies.

(d) Nothing in this title shall be construed as limiting the department's authority to pay for disaster response costs under IC 10-14-4-5(a)(2).

(Department of Homeland Security; 290 IAC 1-2-6; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA;readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-2-7 290 IAC 1-2-7 Duplication of benefits prohibited

290 IAC 1-2-7 Duplication of benefits prohibited

Authority: IC 10-14-4-11

Affected: IC 10-14-4

Sec. 7. Duplication of benefits is prohibited. Damage costs recouped or services or materials, or both, provided at no cost, such as insurance settlements or donations of services or materials, will be considered in evaluating an application to ensure that financial assistance from the fund is not duplicating benefits received from other sources.

(Department of Homeland Security; 290 IAC 1-2-7; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-2-8 290 IAC 1-2-8 Recovery of duplicated payments, overpayments, or illegally expended funds

290 IAC 1-2-8 Recovery of duplicated payments, overpayments, or illegally expended funds

Authority: IC 10-14-4

Affected: IC 10-14-3

Sec. 8. When information resulting from an audit conducted under section 5 of this rule identifies financial assistance that constitutes overpayment or duplicate payment, or financial assistance that has been spent in violation of Indiana law, the department may exercise all of its legal rights to recover the financial assistance.

(Department of Homeland Security; 290 IAC 1-2-8; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA)

Rule 3

290 IAC 1-3-2 290 IAC 1-3-2 Funding limitations

Rule 3. Mitigation Grants Eligibility; Application Procedures

290 IAC 1-3-1 Purpose

Authority: IC 10-14-4-11

Affected: IC 10-14-4

Sec. 1. The state disaster relief fund mitigation program is established to provide disaster mitigation funding to: (1) supplement individual and public assistance grants awarded under 290 IAC 1-1 and 290 IAC 1-2; (2) qualifying applicants under the department's competitive mitigation grant program; and (3) department mitigation projects. (Department of Homeland Security; 290 IAC 1-3-1; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-3-2 Funding limitations

Authority: IC 10-14-4-11

Affected: IC 10-14-4

Sec. 2. (a) The state disaster relief fund may only be used to support mitigation projects if:

(1) awarded as part of an individual or a public assistance grant under 290 IAC 1-1 or 290 IAC 1-2;

(2) the department publicizes a funding opportunity notice identifying:

(A) the amount of funding available, which must be set aside at the time of publication and may not reduce the disaster relief fund below five million dollars ($5,000,000);

(B) the purpose and scope of the funding opportunity;

(C) the criteria that will be used to make funding decisions;

(D) applicant cost shares that may apply;

(E) award caps that may apply;

(F) the type of applicant that may apply;

(G) whether the award is made on a reimbursement basis;

(H) the deadline for submitting an application;

(I) the date by which determinations will be made; and

(J) any other requirements or restrictions imposed on the opportunity; or

(3) the project:

(A) is administered by the department;

(B) provides a tangible statewide disaster mitigation impact; and

(C) does not reduce the disaster relief fund below five million dollars ($5,000,000) at the time of encumbrance.

(b) Mitigation funds awarded under subsection (a)(1) are not in addition to the statutory caps set for the individual or public assistance programs, and serve only to expand the purpose for which the funds may be used.

(Department of Homeland Security; 290 IAC 1-3-2; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)

290 IAC 1-3-3 290 IAC 1-3-3 Competitive award procedures

290 IAC 1-3-3 Competitive award procedures

Authority: IC 10-14-4-11

Affected: IC 4-21.5-3-5; IC 4-21.5-3-7; IC 10-14-4

Sec. 3. (a) This section applies to the competitive mitigation project funding program identified in section 2(a)(2) of this rule.

(b) Money set aside for the program that is not awarded is considered to revert back to the state disaster relief fund for any other applicable use as of the date following the date when determinations are made, or an earlier date as identified by the director.

(c) Except as otherwise provided in this title, award decisions under the competitive program are left to the sole discretion of the department. The decision granting or denying, in whole or in part, the application for funding shall be issued by the department under the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7, the matter will be transferred to the office of administrative law proceedings for assignment of an administrative law judge.

(d) As a condition of accepting an award under this program, the applicant consents to audits and inspections by or on behalf of the department for any reasonable purpose related to the award for a period of up to three (3) years after the award is made or the agreed upon project is completed, whichever is later.

(e) Monies found to have been spent for a purpose other than the specific purpose for which the award was made, are refunded to the department by the applicant and returned to the state disaster relief fund. The department may seek reimbursement for all costs associated with collecting the improperly spent financial assistance.

(Department of Homeland Security; 290 IAC 1-3-3; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)