106 KAR | Title 106 KAR — Department of Military Affairs

Chapter 1 Disaster and Emergency Services

106 KAR 1:081 Kentucky Emergency Response Commission (KERC) Tier II reporting and fee schedule requirements; Extremely Hazardous Substance (EHS) facility planning participation requirements {#sec-106-kar-1-081 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:081}

Section 1. Definitions.

(1) "Category" means the five (5) types of facilities and applicable category numbers, defined by paragraphs (a) through (e) of this subsection, describing individuals, businesses, and governmental agencies that manufacture, use, store, or transport hazardous substances.

(a) "Category One Facility" means any facility owned or operated by local, state, or federal government that is:

Exempted from paying any fee in accordance with KRS 39E.050; and
Not exempt from reporting requirements pursuant to KRS 39E.020, 39E.030, 39E.040, 39E.050, 39E.110, 39E.120, 39E.190, 39E.220, and 39E.230.

(b) "Category Two Facility" means any facility that has not less than 10,000 pounds and not more than 499,999 pounds of each of ten (10) or fewer hazardous substances, with the combined total of all hazardous substances not exceeding 499,999 pounds.

(c) "Category Three Facility" means any facility that has 10,000 pounds or more of each of eleven (11) or more hazardous substances, with the combined total of all hazardous substances not exceeding 499,999 pounds.

(d) Category Four Facility" means any facility that has a total inventory of over 499,999 pounds of hazardous substances.

(e) "Category Five Facility" means any facility that has an Extremely Hazardous Substance (EHS) as defined by subsection (4) of this section.

(2) "EHS Facility Emergency Response Plan" means an emergency response plan for a facility subject to SARA Title III (Superfund Amendments and Reauthorization Act of 1986), 42 U.S.C. 11001 et seq., that:

(a) Has in its inventory anEHS above Threshold Planning Quantity (TPQ); and

(b) Meets all required planning elements of SARA Title III, 42 U.S.C. 11003; KRS 39E.110, 39E.130, 39E.140, 39E.150, 39E.160, 39E.170 and 39E.220, and the KERC's planning requirements found in the Responsibilities of the LEPC Course Manual (KERC Document 715-RL).

(3) "EPCRA How to Comply Packet" or "KERC Document: 700-CP" means the packet published by Kentucky Emergency Management (KYEM) that describes the steps required to be compliant with all Emergency Planning and Community Right-to-Know (EPCRA), KRS, and the requirements established in 106 KAR 1:091.

(4) "Extremely Hazardous Substance" or "EHS" means any chemical listed on the EHS List and their TPQs, codified as 40 C.F.R. Part 355, Appendix A and Appendix B.

(5) "Facility Annual Certification Letter" or "FACL" means the annual letter provided to the Local Emergency Planning Committee (LEPC) by any facility that has an EHS in excess of the TPQ to certify that the current EHS Facility Emergency Response Plan has been reviewed and:

(a) Is correct without changes; or

(b) Has been revised and the revisions are included with the FACL.

(6) "Facility Emergency Coordinator" or "FEC" means the EHS facility representative, assigned by the owner or operator of the EHS facility and designated on the annual Tier II report.

(7) "Hazardous Chemical" means:

(a) Any chemical that is classified by 29 C.F.R. 1910.1200(d), as a physical hazard or a health hazard;

(b) A simple asphyxiant, combustible dust, or pyrophoric gas; or

(8) "Hazardous Substance" is defined by KRS 39E.020(5).

(9) "KERC" means the Kentucky Emergency Response Commission.

(10) "Safety Data Sheet" or "SDS" means the Safety Data Sheets required by the Hazard Communication Standard (HCS) to be generated by chemical manufacturers, distributors, or importers in order to communicate the hazards of hazardous chemical products.

Section 2. Filing Requirements.

(1) A facility shall file a Tier II report and pay all associated fees electronically as established in the EPCRA How to Comply Packet (KERC Document 700-CP). A paper report or check shall not be accepted.

(2)

(a) The owner or operator of a facility that is required to prepare or have available a safety data sheet for a hazardous chemical present at the facility shall submit a Tier II Report prepared in accordance with the KERC's Tier II submitting process.

(b) The SDS requirements shall be as established in 29 C.F.R. 1910.1200, Hazard communication Standard.

(c) A facility subject to the annual chemical inventory reporting requirements established in KRS 39E.210 and 42 U.S.C. 11022 shall submit the completed Tier II Report:

No later than March 1 each year; and
To each of the following organizations:

a. The KERC;

b. The LEPC; and

c. The fire department with jurisdiction over the facility.

(3) A facility shall report hazardous chemicals that were present at the facility at any time during the previous calendar year at a level equal to or in exceedance of the reporting threshold.

(a) The minimum reporting thresholds shall be as established at 40 C.F.R. Part 370.

(b) The EPCRA chemical exemptions shall be those exemptions established in 40 C.F.R. Part 370.

(c) The exemptions established in 29 C.F.R. 1910.1200(b)(5) and (6) shall govern the preparation and availability of a Safety Data Sheet.

Section 3. Fees.

(1) Except as established in subsection (2) of this section, a facility that is not exempt shall pay the applicable fee established in this subsection.

(a) There shall not be a fee for a Category One Facility.

(b) The fee for a Category Two Facility shall be forty (40) dollars.

(d) The fee for a Category Four Facility shall be $250.

(e) The fee for a Category Five Facility shall be $250.

(f) Maintenance and access fees, late fees, and fines shall be utilized for the administration of the KERC program.

(2) If the same owner or owners have two (2) or more facilities in a single county subject to paying a fee, the owner or owners shall pay the fees as established in subsection (1) of this section, not to exceed a total of $250 for all those facilities in that county.

(3) An owner or operator who violates this administrative regulation shall be subject to the penalties established in KRS 39E.990.

Section 4. EHS Facility Planning Participation Requirements.

(1) In accordance with the planning requirements of KRS 39E.120 and KRS 39E.130, 42 U.S.C. 11002(c) and 11003(c)(d), no later than sixty (60) days after a facility notifies the KERC that it is subject to the requirements of this section, the facility shall:

(a) Provide emergency response planning information to the LEPC; and

(b) Assist the LEPC in developing an EHS Facility Emergency Response Plan for all EHS in accordance with the Responsibilities of the LEPC Course Manual.

(2) After initial submission and approval of the EHS Facility Emergency Response Plan in accordance with subsection (1) of this section, each March 1 any facility that has an EHS in excess of the TPQ shall review the EHS Facility Emergency Response Plan and send a FACL to the LEPC.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Responsibilities of the LEPC: Course Manual (KERC Document 715-RL), 2018 edition;

(b) "EPCRA How to Comply Packet", KERC Document; 700-CP, 2017; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Military Affairs, 100 Minuteman Parkway, Frankfort, Kentucky 40601-6168, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

RELATES TO: KRS 39E.020, 39E.030, 39E.040, 39E.050, 39E.110, 39E.120, 39E.130, 39E.140, 39E.150, 39E.160, 39E.170, 39E.190, 39E.220, 39E.230, 29 C.F.R. 1910.1200, 40 C.F.R. Part 355, Appendix A, Appendix B, Part 370, 42 U.S.C. 11001-11050
STATUTORY AUTHORITY: KRS 39E.010, 39E.040, 39E.050, 39E.120, 39E.130, 39E.210, 42 U.S.C. 11002(c), 11003(c), (d)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39E.040(3) requires the KERC to develop reporting requirements and procedures for individuals, businesses, and governmental agencies that manufacture, use, store, or transport hazardous substances. KRS 39E.040(6) requires the commission to recommend administrative regulations to the director for issuance by the Division of Emergency Management to implement KRS Chapter 39E. This administrative regulation establishes the Tier II reporting and facility planning participation requirements for facilities subject to 42 U.S.C. 11001 through 42 U.S.C. 11050.
History: 18 Ky.R. 1697; Am. 2310; eff. 1-27-1992; 43 Ky.R. 1211, 1506; eff. 3-31-2017; 45 Ky.R. 2743, 3050; eff. 5-31-2019; Cert to Am - Am due 11-26-2027.

106 KAR 1:091 Kentucky Emergency Response Commission (KERC) fee account grant requirements for Local Emergency Planning Committees (LEPCs) {#sec-106-kar-1-091 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:091}

Section 1. Definitions.

(1) "Extremely Hazardous Substance Facility Emergency Response Plan" or "EHS Facility Emergency Response Plan" means an emergency response plan for a facility subject to SARA Title III (Superfund Amendments and Reauthorization Act of 1986), 42 U.S.C. 11001 et seq., that:

(a) Has in its inventory an EHS above Threshold Planning Quantity (TPQ); and

(b) Meets all required planning elements of SARA Title III, 42 U.S.C. 11003, KRS 39E.110, KRS 39E.130, KRS 39E.140, KRS 39E.150, KRS 39E.160, KRS 39E.170, KRS 39E.220, and the KERC's planning requirements found in the Responsibilities of the LEPC Course: Manual (KERC Document 715-RL), incorporated by reference in 106 KAR 1:081.

(2) "EHS (Extremely Hazardous Substance) Facility Emergency Response Plan Checklist" or "KERC Form: 303-PC" means the checklist completed by all LEPCs and submitted to the KERC EHS Planner for all EHS Facility Emergency Response Plans requiring submission to the KERC for approval and in accordance with the Responsibilities of the LEPC Course: Manual (KERC Document 715-RL), incorporated by reference in 106 KAR 1:081.

(3) "Grant Ledger" or "KERC Form: 105-GL" means the form LEPCs are required to use to record all of the checks, cash payments, and outlays of cash in the "(Name of Planning District) Emergency Planning Committee Fee Account" during the calendar year, January 1 through December 31.

(4) "KERC Document Library" or "KERC Document: 001-LIB" means a compilation of documents continually reviewed and updated by the KERC that contains pertinent information for LEPCs.

(5) "LEPC Annual Certification Letter (ACL)" or "KERC Form 302-ACL" means the letter annually submitted by the LEPC listing the status of all EHS Facility Emergency Response Plans in the planning district, which includes information that was received from covered facilities by March 1, for the previous calendar year, and in accordance with all ACL requirements found in the Responsibilities of the LEPC Course Manual (KERC Document 715-RL).

(6) "LEPC Detailed Budget" or "KERC Form: 102-DB" means the form submitted by LEPCs annually identifying by category, all intended purchases and expenses for the upcoming calendar year using, if approved, KERC grant funds.

(7) "LEPC Grant Application" or "KERC Form: 101-GA" means the form submitted by LEPCs initially requesting KERC grant funds in accordance with the Responsibilities of the LEPC: Course Manual (KERC Document 715-RL).

(8) "LEPC Membership Cover Page or "KERC Form 104-MCP" means the cover letter submitted by LEPCs with their annually required submission of an updated membership list that serves as a checklist, ensuring all representatives required by EPCRA, 42 U.S.C. 11001 through 11050, and KRS Chapter 39E are included within each LEPC membership.

(9) "LEPC Supplemental Funds Application: KERC Fee Account Grant (KERC Form 505-SPA)" means the application form used by an LEPC to apply for supplemental funds from the KERC, or used by an LEPC to earmark funds from one (1) grant year to the next for an LEPC Additional Funding Allocation Project.

(10) "Personal Property Inventory or "KERC Form: 103-PPI" means the form submitted by LEPCs annually listing all property exceeding $500 purchased using KERC grant funds.

(11) "Public (Legal) Notice Advertisement" means the template established in Section 7 of this administrative regulation and used by LEPCs to meet the EPCRA, 42 U.S.C. 11001 through 11050, requirements found in Section 324, which require that each LEPC annually publish a notice in local newspapers that the emergency response plan, material safety data sheets, and inventory forms have been submitted.

(12) "Responsibilities of the LEPC: Course Manual (KERC Document 715-RL)" means the packet, annually updated and published by KYEM, which provides an introductory look at LEPCs including the laws and regulations that govern them, instructions for the request for assistance through the KERC grant funds, and an understanding of the federal and state requirements for EHS Facility Emergency Response Plans.

Section 2. LEPC Eligibility Requirements.

(1) To be eligible for financial assistance, LEPCs that have EHS as listed in 40 C.F.R. 355, Appendices A and B, in excess of the TPQ present in their community shall meet all the criteria established in this subsection during the preceding calendar year (January 1 through December 31).

(a) The LEPC shall meet all requirements established in KRS 39E.110.

(b) The LEPC shall have an EHS Facility Emergency Response Plan that has been approved by the KERC pursuant to KRS 39E.110(1)(a), (e) and (f) and 39E.150 as set out in the Responsibilities of the LEPC Course: Manual (KERC Document 715-RL) for each facility in the planning district that has an EHS in excess of the TPQ.

The LEPC shall submit a completed EHS Facility Emergency Response Plan Checklist (KERC Form: 303-PC) with all EHS Facility Emergency Response Plans submitted for KERC approval.
The LEPC shall submit new EHS Facility Emergency Response Plans to the KERC EHS Planner within sixty (60) days of notification that the facility has an EHS in excess of the TPQ.
The KERC EHS Planner shall review new EHS Facility Emergency Response Plans and their accompanying checklists for completeness.

a. Complete plans shall be forwarded to the Chairman of the KERC, or designee, within thirty (30) days of receipt from the LEPC.

b. Incomplete plans shall be returned to the LEPC with recommendations.

(c) The LEPC shall meet at least twice during each calendar year (January 1 through December 31) to conduct its business, and a quorum shall be required. A copy of the minutes shall be provided to the chairman of the KERC, or designee, within thirty (30) days of the date of the meeting pursuant to KRS 39E.110(2).

(d)

No later than November 30 each calendar year (January 1 through December 31) in accordance with KRS Chapter 424, Legal Notices, the LEPC shall publish public information on LEPC activities in the following year as established in Section 7 of this administrative regulation.
No later than December 31, each LEPC shall provide the Chairman of the KERC, or designee, with a photocopy of the legal notice published established in Section 7 of this administrative regulation clearly showing the name of the newspaper and the date of publication.

(e) No later than February 28, the LEPC shall submit the LEPC Grant Application (KERC Form 101-GA) to the KERC LEPC Coordinator. The KERC LEPC Coordinator shall review the grant request form for completeness and conformance to KRS Chapter 39E and KAR Title 106.

(f) No later than November 30 each year, the LEPC shall submit an updated membership list and LEPC Membership Cover Page (KERC Form 104-MCP) to the chairman of the KERC or designee.

(g) No later than November 30 each year, the bylaws of each LEPC shall be provided to the chairman of the KERC or designee, with certification stating that:

There were no changes; the bylaws are identical to last year; or
The bylaws have been revised and the revisions are included.

(h) The bylaws shall identify the position or person who shall be responsible for accountability for the funds and who shall be listed as the authorized applicant as shown on the Grant Application (KERC Form: 101-GA).

(i) No later than November 30, LEPCs shall submit a Personal Property Inventory (KERC Form: 103-PPI) identifying all property items valued in excess of $500 purchased using KERC grant funds.

(j) No later than April 1 each year, the LEPC shall review all existing EHS Facility Emergency Response Plans and send an Annual Certification Letter (ACL) to the KERC EHS Planner stating that:

There were no changes; the plan is correct as is; or
The plan has been revised and the revisions are included with the ACL.

(k) The KERC EHS Planner shall review the ACL and all EHS Facility Emergency Response Plan revisions received from the LEPC for completeness.

Complete plans shall be forwarded to the chairman of the KERC or designee no later than May 1 each year.
Incomplete plans shall be returned to the LEPC with recommendations.

(l) The LEPC shall provide the chairman of the KERC, or designee, documentation of expenditures, including bank statements, canceled checks, invoices, receipts, and a Grant Ledger (KERC Form: 105-GL) on a quarterly basis. The final due date for submissions of documents from the final quarter of the preceding year shall be no later than January 31.

(m) No later than June 30, local emergency planning committees shall submit a LEPC Detailed Budget (KERC Form: 102-DB) to the chairman of the KERC, or designee, identifying how the funds requested on the LEPC Grant Application are to be spent.

(2) To be eligible for financial assistance, LEPCs that do not have any EHS in excess of the TPQ present in their community shall meet the criteria established in this subsection during the preceding calendar year (January 1 through December 31).

(a) The LEPC shall meet criteria established in KRS 39E.110(1)(b), (c), (d), (2), (4), (5), and subsection (1)(c) and (d) of this section.

(b) The LEPC shall meet at least once during each calendar year (January 1 through December 31) to conduct its business and a quorum shall be required. A copy of the minutes shall be provided to the chairman of the KERC, or designee, within thirty (30) days of the date of the meeting pursuant to KRS 39E.110(2).

Section 3. KERC Grant Review Procedures.

(1) The KERC staff, the chairman of the KERC or designee, or the Grant Review Committee may request additional information that shall be provided by the LEPC. Failure to provide the requested information shall invalidate the LEPC's request for funding.

(a) The chairman of the KERC, or designee, shall annually update, publish, and promulgate all grant requirements in the Responsibilities of the LEPC (KERC Document 715-RL).

(b) The chairman of the KERC, or designee, shall annually review, publish, and promulgate, through incorporation by reference in an administrative regulation, all grant required KERC forms in the KERC Document Library (KERC Document #001-LIB).

(2) The schedule of due dates shall be as established in this subsection.

(a) No later than March 30, the KERC LEPC Coordinator shall:

Review the grant request form for completeness and conformance to 106 KAR 1:101, Kentucky Emergency Response Commission fee account grant requirements for state agencies, 106 KAR 1:111, Kentucky Emergency Response Commission Fee Account Grant Review Committee, and 106 KAR 1:121, Kentucky Emergency Response Commission fee account grant distribution formula;
Note any recommendations; and
Forward the items established in subparagraphs 1 and 2 of this paragraph to the Grant Review Committee.

(b) No later than May 30, the Grant Review Committee, with a quorum present, shall review all grant requests and forward recommendations to the KERC for final approval.

Section 4. Requests for Modifications.

(1) A modification of a grant award shall be required if there is a change in the grant request or if an LEPC is unable to expend the funds for the purpose for which the grant was awarded.

(a) A request for modification shall be submitted by the LEPC for approval by the commission.

(b) Unexpended monies shall be returned to the KERC fee account fund.

(2) Requests for modifications of grant awards shall be submitted on an LEPC Detailed Budget, KERC Form 102-DB, and, except for due dates, shall be processed in accordance with Sections 2 and 3 of this administrative regulation.

(3) Modifications may be submitted throughout the grant period.

Section 5. Supplemental Grant Awards.

(1) In the event supplemental money is available, the KERC shall determine the date of the supplemental allocation award and inform the LEPCs of that date.

(2) Requests for supplemental money shall be submitted on an LEPC Supplemental Funds Application: KERC Fee Account Grant (KERC Form 505-SPA) and, except for due dates, shall be processed in accordance with this section and Sections 2 and 3 of this administrative regulation.

(3) If the LEPC requests supplemental money, the schedule of due dates shall be as established in this subsection.

(a) No later than thirty (30) days from notification by the KERC of the availability of supplemental LEPC money, the LEPC shall submit the supplemental LEPC Supplemental Funds Application: KERC Fee Account Grant (KERC Form 505-SPA) to the KERC Program Manager.

(b) No later than thirty (30) days from receipt of the supplemental grant request, the KERC Program Manager shall review the supplemental grant request documents for completeness and conformance to106 KAR 1:101. Kentucky Emergency Response Commission fee account grant requirements for state agencies, 106 KAR 1:111. Kentucky Emergency Response Commission Fee Account Grant Review Committee, and 106 KAR 1:121, Kentucky Emergency Response Commission fee account grant distribution formula.

Complete fund applications shall be forwarded to the Grant Review Committee.
Incomplete fund applications shall be returned to the LEPC with recommendations.

(c) Forty-five (45) days from receipt of the supplemental grant request, the Grant Review Committee, with a quorum present, shall review the supplemental grant request in accordance with Section 3 of this administrative regulation and forward their recommendations to the KERC.

(d) No later than thirty (30) days from receipt of the recommendation of the Grant Review Committee, the KERC shall make the supplemental grant award pursuant to this administrative regulation.

Section 6. Requirements for Funding Accountability.

(1) Funds provided by the KERC shall be deposited in a separate "(Name of Planning District) Emergency Planning Committee Fee Account" and fiscal accountability shall be prescribed by the state auditor of public accounts. All funds shall be subject to audit by the KERC and the state auditor of public accounts.

(2) Grant awards approved by the KERC may be withheld for noncompliance with KRS 39E.050 and this administrative regulation or for failure to provide required documentation.

(3) All funding allocation decisions shall be made by the KERC and shall be dependent upon availability of fees collected.

(4) Unexpended monies may be carried over into the next grant cycle, if the LEPC has submitted an LEPC Supplemental Funds Application: KERC Fee Account Grant (KERC Form 505-SPA) and was approved by the KERC.

(a) Once funds have been designated for an LEPC Additional Funding Allocation Project, the LEPC shall not reallocate the funds for alternate purpose.

(b) If an LEPC becomes noncompliant and is therefore ineligible for funding, the LEPC shall be allowed one (1) grant cycle in which to regain compliance.

(c) Failure to regain compliance may result in the KERC requiring that LEPC Supplemental Funding be returned to the KERC Fee Account Fund.

Section 7. Public (Legal) Notice Advertisement Template.

(1) LEPCs shall use the template established in this section to comply with EPCRA, 42 U.S.C. 1101 through 11050, and annual requirements established in Section 324, Title III of the 1986 Federal Superfund Amendments and Reauthorization Act (SARA) of 1986, 42 U.S.C. 11001 et seq.

(2) Template:

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Grant Ledger (KERC Form: 105-GL)", January 2017;

(b) "Responsibilities of the LEPC: Course Manual (KERC Document 715-RL), 2018";

(d) "LEPC Detailed Budget (KERC Form: 102-DB)", January 2017;

(e) "LEPC Grant Application (KERC Form: 101-GA)", January 2017;

(f) "LEPC Membership Cover Page (KERC Form 104-MCP)", January 2017;

(g) "Personal Property Inventory (KERC Form: 103-PPI)", January 2017;

(h) "KERC Document Library (KERC Document: 001-LIB)", 2016;

(i) "LEPC - EHS Facility Emergency Response Plan Checklist", 2015; and

(j) "LEPC Supplemental Funds Application: KERC Fee Account Grant (KERC Form 505-SPA)", January 2019.

History

RELATES TO: KRS 39E.040, 39E.050, 39E.110, 39E.130, 39E.140, 39E.150, 39E.160, 39E.170, 39E.220, 39E.230, 61.800, 61.805, 61.810, 61.820, 61.823, 61.826, 61.835, Chapter 424, 40 C.F.R. Part 355, Appendix A, Appendix B, 42 U.S.C. 11001-11050
STATUTORY AUTHORITY: KRS 39E.040, 39E.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39E.040(3) requires the KERC to develop reporting requirements and procedures for individuals, businesses, and governmental agencies that manufacture, use, store, or transport hazardous substances. KRS 39E.040(6) requires the commission to recommend administrative regulations to the director for issuance by the Division of Emergency Management to implement KRS Chapter 39E. This administrative regulation establishes criteria and procedures to be met by LEPCs requesting funds generated by KRS 39E.050.
History: 18 Ky.R. 1712; Am. 2325; 2522; eff. 1-27-1992; 22 Ky.R. 606; 898; eff. 10-11-1995; 43 Ky.R. 1224, 1519; eff. 3-31-2017; 45 Ky.R. 2745, 3052; eff. 5-31-2019; Crt to Am - Am due 11-26-2027.

106 KAR 1:101 Kentucky Emergency Response Commission (KERC) fee account grant requirements for state agencies {#sec-106-kar-1-101 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:101}

Section 1. Eligibility of State Agencies. State agencies that perform functions to assist the KERC in the administration of its programs and activities at the state level shall be eligible to apply for funding.

Section 2. State Agency Procedures.

(1) State agencies that apply for financial assistance shall apply by completing an LEPC Grant Application (KERC Form: 101-GA, incorporated by reference in 106 KAR 1:091) and shall include an LEPC Detailed Budget (KERC Form: 102-DB, incorporated by reference in 106 KAR 1:091) identifying how the requested funds are to be spent.

(2) State agencies may request funding for staff to support the commission in the administration of its programs and activities at the state level. If a request for staff is included in the grant request, the state agencies shall attach a position description detailing job duties and an organization chart defining that position within the agency.

(3) The Grant Application and Detailed Budget shall be submitted to the KERC program manager no later than April 30.

(4) The KERC program manager shall review the Grant Application and Detailed Budget submissions for completeness and conformance to KRS Chapter 39E and KAR Title 106, note any recommendations, and forward them to the Grant Review Committee no later than May 31.

(5) The Grant Review Committee, with a quorum present, shall review all grant requests from state agencies and forward committee recommendations to the KERC for final approval.

(6) The KERC shall make the grant awards no later than July 30.

(7) The chairman of the KERC, or designee, or the Grant Review Committee may request additional information, which shall be provided by the state agency. Failure to provide the requested information shall invalidate the state agency's request for funding.

Section 3. Requests for Modifications.

(1) A request for modification of a grant award shall be required if there is a change in the grant request or if a state agency is unable to expend the funds for which the grant was awarded.

(a) A request for modification shall be submitted by the state agency for approval or denial by the commission using LEPC Detailed Budget, KERC Form 102-DB (106 KAR 1:091. Kentucky Emergency Response Commission fee account grant requirements for Local Emergency Planning Committees, Section 4. Requests for Modifications.).

(b) Unexpended monies shall be returned to the KERC fee account fund annually at the expiration of the current year grant cycle.

(2) Requests for modifications of grant awards shall be submitted on an LEPC Detailed Budget (KERC Form: 102-DB, incorporated by reference in 106 KAR 1:091) and, except for due dates, shall be processed in accordance with Sections 2 and 4 of this administrative regulation. Requests for modifications may be submitted throughout the grant period.

Section 4. Requirements for Funding Accountability.

(1) Funds provided by the KERC shall be subject to fiscal accountability prescribed by the state auditor of public accounts.

(a) A Memorandum of Agreement (MOA) between the state agency making application and the Chairman of the KERC shall be executed.

(b) All funds shall be subject to audit by the KERC and the state auditor of public accounts.

(2) Grant awards approved by the KERC may be withheld for:

(a) Noncompliance with KRS 39E.050;

(b) Noncompliance with this administrative regulation; or

(3) All funding allocation decisions shall be made by the KERC and shall be dependent upon availability of fees collected.

History

RELATES TO: KRS 39E.050, 39E.230
STATUTORY AUTHORITY: KRS 39E.040(3), (6), 39E.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39E.040(3) requires the KERC to develop reporting requirements and procedures for individuals, businesses, and governmental agencies that manufacture, use, store, or transport hazardous substances. KRS 39E.040(6) requires the commission to recommend administrative regulations to the director for issuance by the Division of Emergency Management to implement KRS Chapter 39E. This administrative regulation establishes criteria and procedures to be met by state agencies requesting funds generated by KRS 39E.050.
History: 18 Ky.R. 1717; eff. 1-27-1992; 43 Ky.R. 1229, 1524; eff. 3-31-2017; 45 Ky.R. 2750; eff. 5-31-2019; Crt to Am - Am due 11-26-2027.

106 KAR 1:111 Kentucky Emergency Response Commission (KERC) Fee Account Grant Review Committee {#sec-106-kar-1-111 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:111}

Section 1. Purpose of the Grant Review Committee.

(1) The Grant Review Committee shall review all grant requests from Local Emergency Planning Committees (LEPCs) and state agencies and make recommendations to the KERC.

(2) The Grant Review Committee shall monitor all grant awards to ensure compliance with KRS Chapter 39E and KAR Title 106.

Section 2. Grant Review Committee Organization.

(1) The Grant Review Committee shall consist of not less than five (5) nor more than nine (9) members of the KERC who shall be appointed by the chairman of the KERC with approval of the KERC.

(2) The chairman of the Grant Review Committee shall be elected by members of the Grant Review Committee.

(3) Members shall serve for a term of one (1) year and may be reappointed.

(4) If a member has three (3) consecutive unexcused absences in two (2) consecutive years, the position shall be considered vacant and the chairman of the KERC, with the approval of the KERC, shall appoint a replacement.

(5) A quorum shall be required for all Grant Review Committee meetings.

History

RELATES TO: KRS 39E.040, 39E.050, 39E.080, 39E.110, 39E.140, 39E.150
STATUTORY AUTHORITY: KRS 39E.040(3), (6), 39E.050, 39E.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39E.040(3) requires the KERC to develop reporting requirements and procedures for individuals, businesses, and governmental agencies that manufacture, use, store, or transport hazardous substances. KRS 39E.040(6) requires the commission to recommend administrative regulations to the director for issuance by the Division of Emergency Management to implement KRS Chapter 39E. This administrative regulation establishes the KERC Grant Review Committee to review requests for financial assistance.
History: 18 Ky.R. 1719; eff. 1-27-1992; 43 Ky.R. 1231, 1524; eff. 3-31-2017; 45 Ky.R. 2751, 3055; eff. 5-31-2019; Crt eff. 5-26-2026.

106 KAR 1:121 Kentucky Emergency Response Commission (KERC) fee account grant distribution formula {#sec-106-kar-1-121 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:121}

Section 1. Local Emergency Planning Committee (LEPC) Grant Distribution Formula.

(1) The collection of maintenance and access fees, late fees, and fines shall be required for the administration of the KERC program. At least fifty (50) percent of funds collected annually pursuant to KRS 39E.050 shall be awarded to eligible LEPCs that submit grant requests for administration, development, and implementation of the Kentucky Emergency Planning and Community Right-to-Know Program, known as SARA Title III (Superfund Amendments and Reauthorization Act of 1986), 42 U.S.C. 11001, et seq., within the guidelines mandated by 42 U.S.C. 11001(a), (b), and (c), Section 301, and KRS 39E.050.

(2) The grant distribution formula to determine how much money will be available to each LEPC shall be:

(a) Ten (10) percent of the total amount (A) collected by March 1 divided by the total number of counties in the state.

(b) Plus twenty (20) percent of the total amount (A) collected by March 1 times the ratio of KERC - required and approved EHS Facility Emergency Response Plans (Qc) in the planning district to the total KERC - approved (Qs) in the state.

(c) Plus twenty (20) percent of the total amount (A) collected by March 1 times the ratio of Tier II Reports (Tc) in the planning district to the total number of Tier II Reports (Ts) in the state.

(3) The grant (Gr) distribution formula to determine how much money an eligible LEPC that submits a grant request form may receive shall be:

Section 2. Notice of Amount of Availability of Funds to Each LEPC.

(1) No later than April 30 each year, the KERC shall notify the LEPCs how much money will be available to each LEPC that submits a grant request form. This amount shall be based upon the total amount of funds available in the KERC fee account divided pursuant to Section 1 of this administrative regulation.

(2) Notification of money available shall not be construed as an automatic grant award to an LEPC. Each LEPC who wants an award shall submit a grant request form and required grant documentation in accordance with 106 KAR 1:091.

(3) LEPCs that do not submit a grant request form and all required documentation in accordance with 106 KAR 1:091 shall not be eligible for grant funds.

(a) Funds allotted for ineligible LEPCs, per the grant distribution formula established in Section 1(3) of this administrative regulation, shall be transferred to the KERC Fee Account Fund for use as supplemental grant awards.

(b) The KERC shall award supplemental grant funding to eligible LEPCs in accordance with 106 KAR 1:091, Section 5.

Section 3. State Agency Grant Distribution. No more than fifty (50) percent of funds collected annually by KRS 39E.050 shall be allocated by the KERC to state agencies, other than LEPCs that submit grant requests for administration, development, and implementation of the Kentucky Emergency Planning and Community Right-to-Know program, known as SARA Title III (Superfund Amendments and Reauthorization Act of 1986), 42 U.S.C. 11001 et seq.,), and KRS 39E.050.

Section 4. Additional Funds. Funds collected after March 1, or that were returned to the commission during the year, shall be carried over into the next grant cycle and shall be distributed in accordance with Sections 1(1) and 3 of this administrative regulation.

Section 5. Administrative support required by KRS 39E.050 shall be provided by the Kentucky Division of Emergency Management.

History

RELATES TO: KRS 39E.050, 42 U.S.C. 11000, et seq.
STATUTORY AUTHORITY: KRS 39E.040(3), (6), 39E.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39E.040(3) requires the Kentucky Emergency Response Commission to develop reporting requirements and procedures for individuals, businesses, and governmental agencies that manufacture, use, store, or transport hazardous substances. KRS 39E.040(6) requires the commission to recommend administrative regulations to the director for issuance by the Division of Emergency Management to implement KRS Chapter 39E. This administrative regulation establishes administrative support and the grant distribution formula to be used in awarding grants for funds generated by KRS 39E.050.
History: 18 Ky.R. 1720; Am. 2329; eff. 1-27-1992; 43 Ky.R. 1232, 1525; eff. 3-31-2017; 45 Ky.R. 2753, 3056; eff. 5-31-2019; Crt eff. 5-26-2026.

106 KAR 1:131 Kentucky Emergency Response Commission civil penalty assessment and hearings procedure {#sec-106-kar-1-131 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:131}

Section 1. Definitions.

(1) "Compliance Review Board" means any current five (5) members of the Kentucky Emergency Response Commission, selected by the commission chairman, to review and issue findings and recommendations regarding violations of KRS 39E.050, 39E.120, 39E.130, 39E.190, 39E.220, or any administrative regulation promulgated or order issued pursuant to KRS Chapter 39E, and issue penalties in accordance with 39E.990.

(2) "Notice of Non-Compliance" means the notice sent to a facility owner or operator to inform them of a violation, or violations, of KRS 39E or KAR Title 106 and the penalties due and owed pursuant to KRS 39E.990.

Section 2. Notice of Non-Compliance.

(1) The commission chairman, or designee, shall mail a notice of non-compliance when the commission has notice of the existence of a violation of any provision of KRS 39E.050, 39E.080, 39E.120, 39E.130, 39E.190, 39E.220, or any administrative regulation promulgated or order issued pursuant to KRS Chapter 39E.

(2) The notice of non-compliance shall contain the specific date, time, and place of the violation, if applicable, and a summary of the factual, legal, or other grounds upon which the notice is based, including the applicable provision of KRS Chapter 39E or KAR Title 106.

(3) Upon receiving a notice of non-compliance, the facility owner or operator shall:

(a) Agree to the violation cited in the notice of non-compliance and become compliant by remedying the violation, submitting payment for past due fees, and submitting payment of penalties within thirty (30) days of the date of the notice of non-compliance; or

(b) Disagree with the violation and penalty cited in the notice of non-compliance. If the facility owner or operator disagrees with the notice of non-compliance, they may file a protest in accordance with Section 3 of this administrative regulation.

(4) The commission may grant an extension of time for actions in subsection (3)(a) of this section, to extend beyond thirty (30) days, with the approval of the commission chairman or designee.

Section 3. Protesting a Notice of Non-Compliance.

(1) If a facility owner or operator protests the notice of non-compliance, the protest shall:

(a) Be received by the commission within thirty (30) days from the date of the notice of non-compliance;

(b) Be in writing; and

(2) Upon written request, the commission may grant an extension for filing the supporting statement if it determines the delay is necessary and unavoidable. The refusal of an extension may be reviewed in the same manner as a protested notice of non-compliance.

(3) If a protest meets the requirements of subsection (1) of this section, the facility owner or operator may waive or request a conference with the compliance review board.

(a) If a conference is requested, the compliance review board shall give notice of the conference date, place, and time to all affected persons. This notice shall be provided to the facility owner or operator at least twenty (20) days before the date of the conference.

(b) The conference may be held in person, or virtually, and in accordance with the Open Meeting Act requirements contained in KRS 61.800 to 61.850. The compliance review board shall give the facility owner or operator, and other affected persons, an opportunity to present a statement or evidence challenging the notice of non-compliance. The facility owner or operator may appear in person or by a designated representative.

Section 4. Findings and Recommendations and Final Decision.

(1) After considering the protest, including any matters presented at the final conference, the compliance review board shall issue findings and recommendations on any matter in controversy. These findings and recommendations shall be:

(a) In writing;

(b) Mailed to the facility owner or operator, and to all affected parties pursuant to Section 6 of this administrative regulation, within fourteen (14) days of issuance; and

(2) The commission shall approve or disapprove the findings and recommendations of the compliance review board and issue a final decision at the first scheduled and available commission meeting in which there is a quorum.

(3) The final decision shall be signed by the commission chairman, or a designee, stating that it is a final decision of the commission, generally state the issue in controversy, the commission's position, and set forth the procedure for an appeal.

(4) The facility owner or operator shall have twenty (20) days after the final decision is signed, issued, and mailed by certified mail, to:

(a) Resolve the findings; or

(b) Appeal the commission's final decision pursuant to Section 5 of this administrative regulation by filing a request for an administrative hearing.

Section 5. Appeal of the Commission's Final Decision.

(1) The facility owner or operator shall request an administrative hearing by mailing a request to the commission chairman, or designee, within the time set forth in Section 4(4) of this administrative regulation.

(2) Upon receipt of the request, the commission chairman, or designee, shall request an administrative hearing officer for an administrative hearing. The administrative hearing shall be held according to the procedures in KRS 13B.050.

Section 6. Service and Mailing of Documents.

(1) Service of documents by the commission, commission chairman or designee, or the compliance review board, shall be mailed by certified mail to the facility owner or operator at the address shown on the annual inventory report or facility plan required by KRS Chapter 39E. If no facility plans or annual inventory report has been filed, then to the last known address.

(2) All documents filed with the commission, commission chairman or designee, or the compliance review board, by any party, shall be served by mail upon all other parties.

History

RELATES TO: KRS 39E.010, 39E.040, 39E.050, 39E.080, 39E.120, 39E.130, 39E.190, 39E.200, 39E.210, 39E.220, 39E.990
STATUTORY AUTHORITY: KRS 39E.010(1), 39E.040(6), 39E.050(4), 39E.080(4), 39E.120, 39E.200(1), 39 E.210, 39E.990, 42 U.S.C. 11001 to 11050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39E.010(1), 39E.040(6), and 39E.080(4) requires the Kentucky Emergency Response Commission and the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39E and 42 U.S.C. 11001 to 11050 governing the reporting requirements and procedures for individuals, businesses, and governmental agencies that manufacture, use, store, or transport hazardous substances. KRS 39E.990 provides penalties for any person violating any provision of KRS Chapter 39E, and any administrative regulation promulgated, or order issued, pursuant to KRS Chapter 39E. This administrative regulation provides the procedure to assess, protest, and appeal penalties provided for in KRS 39E.990.
History: 18 Ky.R. 1721; Am. 2330; eff. 1-27-1992; 22 Ky.R. 609; 900; eff. 10-11-1995; 43 Ky.R. 1234, 1526; eff. 3-31-2017; 50 Ky.R. 1563, 2017; eff. 7-2-2024.

106 KAR 1:141 Emergency management funding {#sec-106-kar-1-141 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:141}

Section 1. Definitions.

(1) "Applicant" means a local emergency management agency of a city, county, urban-county, or charter county government established pursuant to KRS 39B.010 and 106 KAR 1:231.

(2) "Emergency management funding" means the funds defined by subsections (3) through (6) of this section.

(3) "Chemical Stockpile Emergency Preparedness Program Fund" means the funding established in 50 U.S.C. 1521.

(4) "Federal Disaster and Emergency Assistance Fund" means the funding granted to the division by the Federal Emergency Management Agency, under 42 U.S.C. 5170(c), 5172, and 5173.

(5) "Federal Emergency Management Assistance Fund" means the funding granted to the division by the Federal Emergency Management Agency, under 42 U.S.C. 5196.

(6) "Supplementary State Fund" means the fund established in KRS 39C.010 and 39C.020.

Section 2. Eligibility.

(1) To be eligible for emergency management funding, a city, county, urban-county, or charter-county government shall:

(a) Submit documentation of the establishment of a local emergency management agency pursuant to 106 KAR 1:231;

(b) Submit documentation of the appointment of a local director pursuant to 106 KAR 1:241;

(d) Apply for emergency management funding through a local director who shall:

Ensure use of an appropriate application form provided by the Division of Emergency Management;
Ensure the official name of a local emergency management agency is used to specify the applicant in an application;
Exercise signatory authority established in KRS 39B.030(9) to execute an application and a memorandum of agreement issued by the Division of Emergency Management;
Maintain a file of an application and supporting material; and
Submit applications, memoranda of agreement, and supporting materials prepared for the city, county, urban-county, or charter-government.

(2) A local director shall submit the materials required in subsection (1) of this section to an area manager, or as directed by the Division of Emergency Management, for transmittal to the director.

Section 3. Compliance Requirements.

(1) In maintaining eligibility of a city, county, urban-county, or charter-county government for emergency management funding, a local emergency management agency shall comply with 106 KAR 1:171, 201, 211, and 221.

(2) Failure to comply with applicable federal and state requirements may prevent city, county, urban-county, or charter-governments from receiving reimbursement funding for emergency management programs.

History

RELATES TO: KRS 39A.050(2)(i), (j), (m), 39C.010, 42 U.S.C. 5170(c), 5172, 5173, 5196, 50 U.S.C. 1521
STATUTORY AUTHORITY: KRS 39A.050(2)(i), (m), 39A.070(3), 39C.100, 42 U.S.C. 5170(c), 5172, 5173, 5196, 50 U.S.C. 1521
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39A.050(2)(i) requires the division to provide funds to a city, county, or charter county government to support a local emergency management agency and comprehensive emergency management program. This administrative regulation establishes eligibility requirements of a city, county, urban-county, or charter county government for emergency management funding.
History: 49 Ky.R. 161, 1033; eff. 11-16-2022.

106 KAR 1:171 Local emergency management agency program quarterly report {#sec-106-kar-1-171 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:171}

Section 1. Quarterly Report Documentation Requirements.

(1) A local emergency management director 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 at http://www.kyemweb.com.

(2) Quarterly report documentation shall include minimum required documentation for a scheduled work plan objective as established in the Emergency Management Assistance (EMA) Annual Program Guidance.

Section 2. Incorporation by Reference.

(1) "Emergency Management Assistance (EMA) Annual Program Guidance", 2021, 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.

History

RELATES TO: KRS 39A.050(2)(j), 39B.020, 39C.050(1), 39C.080(2), 6 U.S.C. 762, 42 U.S.C. 5121 et seq., 5196, 50 U.S.C. 1521
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39C.100, 42 U.S.C. 5196, 50 U.S.C. 1521
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39A.050(2)(j) and 39C.080(2) require local emergency management directors submit work activity progress reports to the Division of Emergency Management quarterly. This administrative regulation establishes the submission process and procedure for local emergency management directors to meet the quarterly reporting requirement.
History: 49 Ky.R. 163, 1033; eff. 11-16-2022.

106 KAR 1:181 Emergency management project application {#sec-106-kar-1-181 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:181}

Section 1. Definitions.

(1) "Emergency Management Assistance Fund" or "EMA Fund" means the funds defined by 106 KAR 1:141, Section 1(5) and (6).

(2) "Project" means a purchase or procurement of administrative or operational equipment or capital expenditure, in excess of $500.

(3) "Project application" means a completed KentuckyDivision of Emergency Management State Project Application", KYEM Form 170.

Section 2. Project Application Requirement. To apply for financial assistance from the Emergency Management Assistance Fund for a project, a local director shall submit a completed project application, as established in KRS 39C.060.

Section 3. Incorporation by Reference.

(1) "Kentucky Division of Emergency Management State Project Application", KYEM Form 170, February 2017, 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.

History

RELATES TO: KRS 39A.050(2)(j), 39C.060, 39C.070(2), 42 U.S.C. 5196
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39C.100, 42 U.S.C. 5196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39A.050(2)(j) and 39C.070(2) require the Division of Emergency Management to require a local emergency management agency to submit a project application, with supporting material, to request financial assistance from the Emergency Management Assistance (EMA) Fund for administrative or operational equipment and for capital and procurement projects. This administrative regulation establishes an application form to request financial assistance from the EMA fund for a project.
History: 49 Ky.R. 165, 1034; eff. 11-16-2022.

106 KAR 1:191 Emergency management project application reimbursement {#sec-106-kar-1-191 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:191}

Section 1. Definition. "Emergency Management Assistance Fund" or "EMA Fund" means the funds defined by 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"Local Emergency Management Assistance Claim Form," KyEM: Form 160, signed by the local emergency management director and the County Treasurer or County Judge/Executive, 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) "Local Emergency Management Assistance Claim Form," KyEM: Form 160, August 2016, is incorporated by reference.

History

RELATES TO: KRS 39A.050(2)(j), 39C.070(2), 42 U.S.C. 5196
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39C.100, 42 U.S.C. 5196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39A.050(2)(j) and 39C.070(2) require the Division of Emergency Management to require 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 (EMA) Fund. This administrative regulation establishes the reimbursement procedure required to request reimbursement from the EMA fund for an approved project application as established in 106 KAR 1:181.
History: 49 Ky.R. 166, 1034; eff. 11-16-2022.

106 KAR 1:201 Local emergency management plan {#sec-106-kar-1-201 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:201}

Section 1. Definitions.

(1) "Federal fiscal year" means a period beginning October 1 of a calendar year and ending September 30 of the following calendar year.

(2) "Local plan" means the written emergency operations plan of a city, county, charter county, or urban-county government pursuant to KRS Chapters 39A through 39F.

Section 2. Local Plan Requirement.

(1) A local plan shall:

(a) State title headings for a basic plan and annexes corresponding to the Kentucky Emergency Management Operation Plan;

(b) State known hazards that might impact a local jurisdiction and a detailed analysis of each hazard;

(d) Identify primary and alternate emergency operations center (EOC) locations by facility names, address, and latitude and longitude;

(e) Identify primary and alternate points of distribution (POD) locations by facility names, address, and latitude and longitude;

(f) Identify public, private, and volunteer agencies, entities, and departments comprising the membership of a local emergency management agency and emergency management functions (ESFs);

(g) Describe the duties and responsibilities of each local emergency management agency and emergency management functions (ESFs) assigned with a local plan; and

(h) Incorporate incident command or management system procedures into the direction and control annex.

(2) Local plan format and content shall comply with:

(a) The Kentucky Division of Emergency Management Standard Operating Guide for the Review, Edit, and Submission of a County Emergency Operations Plan, 2022 Emergency Management Preparedness Grant Cycle;

(b) Responsibilities of the LEPC, Kentucky Emergency Management, Version 7; and

(c) If applicable, planning guidance published jointly by the Federal Emergency Management Agency and the Department of the Army, Planning Guidance for the Chemical Stockpile Emergency Preparedness Program.

Section 3. Local Plan Process.

(1) Before July 31 of each federal fiscal year, a local director shall ensure completion of the local plan.

(2) To complete and process a local plan, a local director shall:

(a) Review the existing local plan;

(b) Consult the local emergency planning committee, the local search and rescue coordinator, elected officials, department heads, agency chiefs, and public and private officers and leaders or their designees who are members or participants of the emergency management agency and emergency management functions (ESFs);

(d) Submit corrected, amended, revised, or supplemental plan material requested by an area manager within thirty (30) calendar days following receipt of a written request;

(e) Upon receipt of written concurrence of the Director of the Division of Emergency Management or designee, submit a local plan draft for official adoption as established in KRS 39B.030(3); and

(f) Distribute an officially adopted local plan to emergency management agency and emergency support functions (ESFs) plan custodians, the chairperson of the local emergency management planning committee, local search and rescue coordinator, area manager, and the Director of the Division of Emergency Management by July 31 annually.

(3) To process a local plan, an emergency management committee, through its chairperson or other authorized representative, shall:

(a) Review the local plan for information reporting consistent with KRS 39E.120, 39E.210, and 39E.220, within thirty (30) calendar days of receipt;

(b) Identify within the local plan's Hazard Analysis section, facilities required to report under EPCRA, SARA Tier III, and input data within the KYEM Tier II reporting software system; and

(c) Reference within the local plan's ESF 10 Annex, the Extremely Hazardous Substances (EHS) Facility Emergency Response Plan in accordance with 106 KAR 1:081 and the Local Emergency Planning Committee (LEPC) Annual Certification Letter (ACL).

(4) A local search and rescue coordinator shall prepare and submit a local search and rescue plan draft to the local director by July 31 of each federal fiscal year, by:

(a) Reviewing an existing local plan required by KRS 29F.190; and

(b) Preparing and submitting to the local director an updated plan draft or written notice that an existing local plan has been reviewed and is current as of the date of the notice.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Standard Operating Guide for the Review, Edit, and Submission of a County Emergency Operations Plan, 2022 Emergency Management Preparedness Grant Cycle", 2022;

(b) "Responsibilities of the LEPC, Kentucky Emergency Management, Version 7", September 2021; and

History

RELATES TO: KRS 39A.070(5), 39B.020(3)(d), 39B.030(3), 39B.060, 39C.050(3), 39E.010(1), 39E110(1)(a)(e),(f), 39E150, 39F.190, 42 U.S.C. 11001-11050
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39E.040(6), 39E.080(4), 42 U.S.C. 1102(c), 1103(c), (d).
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39B.030(3) requires local emergency management directors develop a local emergency management plan consistent with 106 KAR Chapter 1. This administrative regulation establishes the requirements for processing a local emergency management plan.
History: 49 Ky.R. 168, 1034; eff. 11-16-2022.

106 KAR 1:211 Local emergency management training {#sec-106-kar-1-211 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:211}

Section 1. Definitions.

(1) "Emergency Management Development Program" means the training curriculum established in Section 2(2) and (3) of this administrative regulation.

(2) "Emergency management training" means a seminar, workshop, course, class, or instruction conducted, sponsored, established, offered through, or approved by the Division of Emergency Management.

(3) "Federal fiscal year" means a period beginning October 1 of a calendar year and ending September 30 of the following calendar year.

(4) "Local staff member" means a deputy director, paid or volunteer, or a person appointed to a local emergency management agency pursuant to KRS 39B,070(3) and established in KRS 39C.050(2).

(5) "Successfully complete" means to attend or participate in emergency management training and to acquire and submit a copy of instructor-provided training completion certificate or record to the Division of Emergency Management.

Section 2. Local Director Training Requirement.

(1) Within thirty (30) calendar days of appointment pursuant to KRS 39B.020(1), a local director shall successfully complete an orientation conducted by the Division of Emergency Management covering Kentucky's emergency management system and programs administered by local directors in Kentucky.

(2) Within the first full federal fiscal year following appointment pursuant to KRS 39B.020(1), a local director shall successfully complete a course:

(a) Covering incident command and incident management system basic concepts;

(b) Covering mitigation benefits, methods, resources, and planning;

(d) Conducted by the Division of Emergency Management covering rapid assessment of disaster scenes and proper damage and reporting procedure; and

(e) Of at least eight (8) hours covering hazardous materials and "first responder awareness level" emergency response competencies as established by 29 C.F.R. 1910.120(q)(6)(i), to include instruction on employer and community operating procedures.

(3) By the second full federal fiscal year following appointment, a local director shall begin study to successfully complete a:

(a) Course conducted or approved by the Division of Emergency Management, in accordance with KRS 39A.070(3) and 39C.050(10), covering principles in the integrated emergency management system, including interagency teams, coordination methods, and emergency or disaster case studies;

(b) Course conducted by the Division of Emergency Management covering development of a local emergency operation plan consistent with the Kentucky Emergency Operations Plan;

(c) Course of at least twenty-four (24) hours covering exercise assessment, design, delivery, and evaluation skills, including a practical application component;

(d) Course of at least two (2) hours covering local emergency management planning committee member duties and Kentucky's system for implementation of the federal Emergency Planning and the Community Right to Know Act (EPCRA);

(e) Course of at least twelve (12) hours covering hazardous materials and "first responder operations level" emergency response competencies as established by 29 C.F.R. 1910.120(q)(6)(ii), to include instruction on Commonwealth of Kentucky hazardous materials response plan;

(f) Course of at least eight (8) hours approved as established by 29 C.F.R. 1910.120(q)(6)(ii) or offered by the Division of Emergency Management covering the eight (8) component elements of an incident command system and incident management system, to include practical application;

(g) Module offered by the Division of Emergency Management covering the incident command system and incident management system competencies for on-the-scene incident commander level as established by 29 C.F.R. 1910.120(q)(6)(v) for hazardous materials response; and

(h) Course of at least four (4) hours covering requirements and procedures for obtaining and implementing state and federal disaster assistance programs.

(4) A local director shall complete:

(a) At least two (2) of the courses established in subsection (3) of this section in each consecutive federal fiscal year until all courses are completed;

(b) All courses of the Emergency Management Development Program within the first five (5) full federal fiscal years following appointment pursuant to KRS 39B.020(1);

(c) Emergency management training conducted annually at the in each federal fiscal year at the Governor's Emergency Management Workshop; and

(d) At least thirty-two (32) hours of emergency management training in each federal fiscal year following appointment or reappointment pursuant to KRS 39B.020(1) or (3).

(5) In meeting the annual training requirement established in subsection (4)(d) of this section, a local director shall receive credit for:

(a) Emergency management training completed in compliance with subsections (2) and (3) of this section;

(b) No more than four (4) hours per emergency management training completed on-line or through a correspondence course, not to exceed twelve (12) hours annually;

(c) No more than four (4) hours per Division of Emergency Management sponsored emergency management training completed on-line or through a correspondence course, not to exceed eight (8) hours annually; and

(d) The training required by subsection (4)(c) of this section.

Section 3. Local Staff Member Training Requirement.

(1) In each full federal fiscal year following appointment, a deputy director shall successfully complete at least sixteen (16) hours of training selected from:

(a) Emergency management training listed in subsection (2) of this section;

(b) No more than four (4) hours per emergency management training completed on-line or through a correspondence course, not to exceed a total of eight hours; and

(c) No more than four (4) hours per Division of Emergency Management sponsored emergency management training course a deputy director instructs, not to exceed a total of eight (8) hours.

(2) Except as established in subsection (1)(a) of this section, a local staff member shall successfully complete at least twelve (12) hours of emergency management or administrative training in each full federal fiscal year following appointment.

Section 4. Request for Training Credit.

(1) In meeting the annual emergency management training requirement established in Section 2(4)(d) or 3 of this administrative regulation, a local director or local staff member may request credit for training not conducted or sponsored by the Division of Emergency Management.

(2) To request credit for training not conducted or sponsored by the Division of Emergency Management, a local director or local staff member shall submit a completed Request for Training Credit, KYEM Form 300, to an area manager for transmittal to the Director of the Division of Emergency Management for each training course or instructional offering for which credit is requested.

(3) A local director or local staff member may receive credit for emergency management training under this section if:

(a) A completed Request for Training Credit, KYEM Form 300, is approved in writing by the Director of the Division of Emergency Management; and

(b) The training approved for credit is successfully completed.

Section 5. Training Documentation. A local director or local staff member shall submit documentation of all successfully completed emergency management training to an area manager within thirty (30) calendar days following completion of training.

Section 6. Incorporation by Reference.

(1) "Request for Training Credit", KYEM Form 300, September 2018, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Emergency Management, Emergency Operations Center, 100 Minuteman Parkway, Frankfort, Kentucky 40601-6168, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 39A.050(2)(l), 39B.020(1), (3)(d), 39C.050(1), (2), 29 C.F.R. 1910.120(q)(6)
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39C.050(1), (2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(l) requires the Division of Emergency Management to institute emergency management training programs. KRS 39C.050(1) and (2) require local emergency management agency personnel to complete required training. This administrative regulation establishes training requirements for a local director and other local emergency management agency personnel.
History: 49 Ky.R. 170, 1035; eff. 11-16-2022.

106 KAR 1:221 Local emergency management exercise {#sec-106-kar-1-221 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:221}

Section 1. Definitions.

(1) "Exercise" means a test and evaluation of a local plan.

(2) "Federal fiscal year" means a period beginning October 1 of a calendar year and ending September 30 of the following calendar year.

(3) "Full-scale exercise" means a comprehensive test and evaluation of a local plan utilizing written objectives that emphasize the practice of multiple emergency management functions and require actual deployment of policy, coordination, and operations personnel, equipment, and resources in response to a simulated emergency.

(4) "Functional exercise" means a limited test and evaluation of a local plan utilizing written objectives that emphasize the practice of direction and control procedures and requiring actual and simulated utilization of policy, coordination, and operations personnel, equipment, and resources in response to a simulated emergency.

(5) "Local plan" means the written emergency operations plan of a city, county, charter county, or urban-county government, pursuant to KRS Chapters 39A through 39F.

(6) "Tabletop exercise" means a group discussion led by a facilitator utilizing a written scenario narrative and a set of problem statements, directed messages, or prepared questions designed to test and evaluate a local plan.

Section 2. Tabletop Exercise Requirement. A tabletop exercise shall consist of development and use of:

(1) A written scenario based on a hypothetical emergency situation; and

(2) At least fifteen (15) written problem statements, directed messages, or prepared discussion questions worded specifically to test or evaluate the provisions of the local plan.

Section 3. Functional Exercise Requirement. A functional exercise shall consist of:

(1) At least twenty-five (25) percent staffing of a primary or alternate local emergency operation center;

(2) An operational test of communications and emergency power equipment in a local emergency operations center;

(3) Use of message forms or status boards in a local emergency operations center;

(4) Development and use of a written scenario based upon one (1) or more hazards established in the local plan;

(5) Development and use of five (5) or more written exercise objectives;

(6) Testing of seven (7) or more disaster and emergency response functions specified in a local plan;

(7) Development and use of written evaluation criteria;

(8) Designation and use of a lead evaluator; and

(9) Conduct of an exercise critique involving exercise participants.

Section 4. Full-scale Exercise Requirement. A full-scale exercise shall consist of:

(1) Completion of the requirements of Section 3 of this administrative regulation, except subsections (1), (5), and (6);

(2) At least seventy-five (75) percent staffing of a primary or alternate local emergency management operations center;

(3) Development and use of ten (10) or more written exercise objectives;

(4) Testing of fifteen (15) or more disaster and emergency services response functions established in a local plan; and

(5) Field deployment of at least five (5) emergency response and support agencies.

Section 5. Local Exercise Requirement.

(1) Except as established in subsection (2) of this section, a local director shall:

(a) Schedule, design, conduct, and document one (1) tabletop functional, or full-scale exercise by September 30 of each federal fiscal year; and

(b) At least once during each period of four (4) consecutive federal fiscal years, include in an exercise established in paragraph (a) of this subsection, testing and validation of a local plan established in KRS 39E.150.

(2) During each period of four (4) consecutive federal fiscal years, a local director shall schedule, design, conduct, and document at least one (1) functional or full-scale exercise in lieu of one (1) tabletop exercise established in subsection (1)(a) of this section.

(3) Within thirty (30) days prior to conducting a tabletop exercise established in subsection (1)(a) of this section, a local director shall submit a final draft of the following to the area manager:

(a) A completed Exercise Scenario, KyEM Form 201, or computer-generated equivalent;

(b) A copy of the written exercise discussion problem statements, directed messages, and prepared questions established pursuant to Section 2(2) of this administrative regulation; and

(4) Within thirty (30) calendar days following completion of a tabletop exercise, a local director shall submit to an area manager a written exercise report consisting of the following:

(a) A completed Exercise Scenario, KyEM Form 201, or computer-generated equivalent;

(b) A copy of the written exercise discussion problem statements, directed messages, and prepared questions established pursuant to Section 2(2) of this administrative regulation;

(d) A completed Exercise Critique, KyEM Form 206, or computer-generated equivalent.

(5) Within thirty (30) calendar days prior to conducting a scheduled functional or full-scale exercise, a local director shall submit the final draft of the following forms or computer-generated equivalent to the area manager:

(a) A completed Exercise Scenario, KyEM Form 201; and

(b) A completed Exercise Objectives, KyEM Form 202.

(6) Within thirty (30) calendar days following completion of a functional or full-scale exercise, a local director shall submit to a county judge/executive, mayor, or area manager a written local exercise report consisting of the following completed forms or their computer-generated equivalent:

(a) Exercise Scenario, KyEM Form 201;

(b) Exercise Objectives, KyEM Form 202;

(d) Master Sequence of Events List, KyEM Form 204;

(e) Exercise Participant Roster, KyEM Form 205;

(f) Exercise Critique, KyEM Form 206; and

(g) Exercise After Action Report.

Section 6. Exercise Substitution.

(1) In lieu of conducting and documenting a scheduled tabletop, functional, or full-scale exercise in a federal fiscal year, a local director may request to substitute the actual response of a local disaster and emergency services organization to a major emergency situation or disaster occurrence in a local jurisdiction during the federal fiscal year of the actual response.

(2) A local director requesting to substitute an actual response to a major emergency or disaster occurrence, in lieu of conducting and documenting a scheduled tabletop, functional, or full-scale exercise shall, within sixty (60) calendar days following termination of associated emergency response operations, shall submit to the area manager for transmittal to the Director of the Division of Emergency Management, an after-action report in memorandum form containing the following information:

(a) A brief description of the type or kind of emergency situation or disaster that occurred in the local jurisdiction;

(b) Date of the emergency situation or disaster occurrence;

(d) The estimated population in the adversely affected geographic area;

(e) The major problems experienced and the actions taken by local government to mitigate or respond to the major problems;

(f) Significant assets utilized to mitigate or respond to the emergency situation or disaster; and

(g) Critique comments describing the general effectiveness of the mitigation or response efforts of local government forces, including the adequacy of the local plan and any significant deficiencies noted.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Exercise Scenario", KyEM Form 201, June 2022;

(b) "Exercise Objectives", KyEM Form 202, June 2022;

(d) "Master Sequence of Events List", KyEM Form 204, June 2022;

(e) "Exercise Participant Roster", KyEM Form 205, September 2000;

(f) "Exercise Critique", KyEM Form 206, June 2022; and

(g) "Exercise After Action Report", KyEM Form 207, June 2022.

History

RELATES TO: KRS 39A.050(2)(l), 39C.050(4), 39E.010(1), 39E.150, 42 U.S.C. 11001-11050
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39E.040(6), 39E.080(4), 42 U.S.C. 11003(c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39A.050(2)(l) requires the Division of Emergency Management to institute exercise programs for local emergency management. This administrative regulation establishes requirements for exercising a local emergency management plan.
History: 49 Ky.R. 173, 1037; eff. 11-16-2022.

106 KAR 1:231 Local emergency management agency ordinance requirement {#sec-106-kar-1-231 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:231}

Section 1. Ordinance Provisions.

(1) The governing body of a city, county, charter county, or urban-county Government shall pass a local ordinance pertaining to local emergency management agency creation, as established in KRS 39B.010.

(2) A local ordinance passed pursuant to subsection (1) of this section shall:

(a) Include the term "emergency management" in the title of the local ordinance; and

(b) Include provisions that state:

The official name of a local emergency management agency created in the local ordinance;
The functional and operational organization of a local emergency management agency consistent with KRS 39B.010;
The establishment and use of a local emergency management agency budget account consistent with KRS 39B.010(3);
The powers and responsibilities of a local emergency management agency;
The powers, authorities, rights, and duties of a local emergency management agency director appointed pursuant to KRS 39B.020, including all the powers, duties, rights, and authorities established in KRS 39B.030; and
Ordinance enforcement, including the establishment of penalties for violation of the local ordinance.

Section 2. Documentation Requirements. A full copy of a local emergency management agency ordinance and any amendments, agreements, compacts, or other documents associated with the joint creation of a local emergency management agency pursuant to KRS 39B.010(2)(b) shall be submitted by a local director to the area manager for transmittal to the Director of the Division of Emergency Management within thirty (30) calendar days following final passage or adoption by a local governing body.

History

RELATES TO: KRS 39B.010, 39B.020, 39B.030, 39B.990
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39B.010(1) requires each city, county, charter county, or urban-county government create a local emergency management agency. This administrative regulation establishes the requirements to be met by a governing body of a city, county, charter county, or urban-county government to develop and pass a local emergency management agency ordinance.
History: 49 Ky.R. 176, 1038; eff. 11-16-2022.

106 KAR 1:241 Local emergency management director appointment process {#sec-106-kar-1-241 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:241}

Section 1. Definitions.

(1) "Candidate" means the individual proposed to be appointed pursuant to KRS 39B.020.

(2) "Local appointing authority" means a county judge/executive, mayor, or chief executive officer of a local government entity.

Section 2. Appointment Process.

(1) To appoint a local emergency management director, a local appointing authority shall submit:

(a) A completed Commonwealth of Kentucky Application for Employment;

(b) A completed Appointment of Local Emergency Management Director, KyEM Form 15; and

(2) If a fiscal court, city commission, or other local governing body has adopted administrative procedures that formally establish a personnel merit system, a local appointing authority shall submit a local employment application in lieu of the document established in subsection (1)(a) of this section. A local employment application shall not be submitted for review by the Personnel Cabinet.

(3) A local appointing authority shall submit the documents, established in subsections (1) and (2) of this section, to the area manager for transmittal through the Division of Kentucky Emergency Management, Emergency Management Performance Grant (EMPG) Section Chief, to the Director of the Division of Emergency Management, within the time established in KRS 39B.020(1).

Section 3. Approval Process.

(1) Within thirty (30) calendar days of receiving materials established in Section 2 of this administrative regulation, the Director of the Division of Emergency Management shall:

(a) Request the human resources officer of the Department of Military Affairs evaluate the candidate's qualifications established in KRS 39B.020 for the position of local director; and

(b) Determine the jurisdiction's eligibility for supplementary state funds, as established in KRS Chapters 39A through 39F, to support the operations and activities of a local emergency management agency.

(2) Funding shall be suspended if it is determined that a candidate does not meet the qualification required for the position of a local director.

Section 4. Reappointment Process. To reappoint a local director pursuant to KRS 39B.020(3), a local appointing authority shall execute the actions established in Section 2(1)(b) and (c) of this administrative regulation.

Section 5. Incorporation by Reference.

(1) The following materials are incorporated by reference:

(a) "Commonwealth of Kentucky Application for Employment", PC/DHRA, February 7, 2019; and

(b) "Appointment of local Emergency Management Director", KyEM Form 15, 2009.

(2) This material may be inspected, copied, or obtained subject to applicable copyright law, at the Division of Emergency Management, Emergency Operations Center, 100 Minuteman Parkway, Frankfort, Kentucky 40601-6168, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapters 39A – 39F
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39B.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39B.020 requires the chief executive officer of a local government entity to appoint a local emergency management director. This administrative regulation establishes the process to be followed for the chief executive officer of a local government entity to appoint or reappoint a local emergency management director.
History: 49 Ky.R. 177, 1038; eff. 11-16-2022.

106 KAR 1:251 Local emergency management personnel Workers' Compensation Enrollment Form {#sec-106-kar-1-251 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:251}

Section 1. Definition. "Local personnel" means the personnel specified in KRS 39C.110 and 39F.170.

Section 2. Enrollment Procedure. To enroll in workers' compensation insurance coverage, local personnel shall submit a completed KYEM Form 50 to the area manager who shall maintain a hard copy of KYEM Form 50 in the area office and promptly upload a copy of the KYEM Form 50 into the WebEOC database.

Section 3. Incorporation by Reference.

(1) "KYEM Form 50", September 2020, is incorporated by reference.

History

RELATES TO: KRS 39C.110(4), 39F.170(6)
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39C.110(4), 39F.170(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39C.110(4) and 39F.170(6) require workers' compensation insurance coverage for local emergency management personnel. This administrative regulation establishes the procedure to be followed by local emergency management personnel to enroll in workers' compensation insurance coverage paid by the Division of Emergency Management.
History: 49 Ky.R. 179, 1039; eff. 11-16-2022.

106 KAR 1:261 Supplementary state fund emergency management training expense reimbursement eligibility list {#sec-106-kar-1-261 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:261}

Section 1. Definition. "Emergency management training" means a seminar, workshop, course, class, module, or instruction that is conducted, sponsored, established, offered through, or approved by the Division of Emergency Management.

Section 2. Eligible Officials. In addition to those officials established in KRS 39C.050(8), the following officials, or their designee, may have the expenses established in KRS 39C.050(9)(b) reimbursed through the supplementary state fund for attendance at emergency management training subject to the availability of funds, a:

(1) Local emergency management agency secretary or administrative support staff;

(2) Chief of a local fire department;

(3) Chief of a local law enforcement agency;

(4) Director of a local ambulance service;

(5) Director of a local emergency medical service;

(6) Local public works director;

(7) Local emergency management agency operations officer;

(8) Local emergency management communications officer;

(9) Local emergency management agency public information officer;

(10) Local emergency management agency hazard mitigation officer;

(11) Chief of a local rescue squad;

(12) Local search and rescue coordinator;

(13) Local twenty-four (24) hour warning point supervisor;

(14) Local public safety officer; and

(15) Chairperson of a local emergency planning committee.

History

RELATES TO: KRS 39C.010, 39C.020, 39C.050(8), (9)(a), (b)
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39C.050(9)(a) requires the Division of Emergency Management promulgate an administrative regulation to establish officials who may be reimbursed for expenses associated with attendance at emergency management training. This administrative regulation establishes the list of officials eligible to receive emergency management training expense reimbursement through the supplementary state fund established in KRS 39C.010 and 39C.020.
History: 49 Ky.R. 181, 1039; eff. 11-16-2022.

106 KAR 1:291 Specialized rescue squad alternative affiliation agreement process {#sec-106-kar-1-291 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:291}

Section 1. Definition. "Chief rescue officer" means the chief executive officer of a rescue squad.

Section 2. Alternative Request.

(1) A chief rescue officer shall submit a written request for alternative affiliation and alternative vehicle and equipment requirements, including all supporting documentation, to a division area manager; and

(2) A request shall include a geographical service area as either statewide or regional. Regional service areas shall list each county in a region.

History

RELATES TO: KRS 39F.030
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39F.020(5), 39F.030(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39F.030(1) authorizes a rescue squad to provide regional or statewide specialized rescue services to apply to the Director of the Division of Emergency Management for an alternative affiliation agreement and alternative vehicle and equipment requirements. This administrative regulation establishes the process for submitting alternative affiliation requests.
History: 49 Ky.R. 182, 1040; eff. 11-16-2022.

106 KAR 1:341 Rescue aid fund allocation {#sec-106-kar-1-341 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:341}

Section 1. Definition. "Fund" means the rescue aid fund established in KRS 39F.100(2).

Section 2. Fund Allocation. The fund shall be allocated as established in subsections (1) through (3) of this section.

(1) Fifteen (15) percent of the total fund appropriated in a state fiscal year shall be allocated for administration and training or may be allocated for minimum equipment or optional equipment.

(2) Fifty (50) percent of the total fund appropriated in a state fiscal year shall be allocated for minimum equipment established in 106 KAR 1:350.

(3) Thirty-five (35) percent of the total fund appropriated in a state fiscal year shall be allocated for optional equipment.

Section 3. A rescue squad shall not be allocated funds for more than one (1) rescue aid application in a state fiscal year.

History

RELATES TO: KRS 39F.020(5), 39F.100(2), 39F.110
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39F.020(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.020(5) requires the division to administer funds to local rescue squads. This administrative regulation establishes the allocation of rescue aid funds.
History: 49 Ky.R. 184, 1040; eff. 11-16-2022.

106 KAR 1:371 Rescue aid fund expenditure documentation {#sec-106-kar-1-371 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:371}

Section 1. To document expenditure of rescue aid funds, a rescue squad shall submit the documentation established in KRS 39F.140(1) to a local director.

Section 2. A local director, within ten (10) working days of receipt of the materials established in Section 1 of this administrative regulation, shall submit to an area manager:

(1) A completed Local Emergency Assistance Claim Form, KyEM Form 160, incorporated by reference in 106 KAR 1:191; and

(2) The documentation received from a rescue squad pursuant to Section 1 of this administrative regulation.

History

RELATES TO: KRS 39F.140(1)
STATUTORY AUTHORITY: KRS 39A.050(2)(j), (m), 39A.070(3), 39F.020(5), 39 F.140(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39F.140(1) requires a rescue squad to document expenditure of rescue aid funds. This administrative regulation establishes a procedure for documenting expenditures of rescue aid funds by a rescue squad.
History: 49 Ky.R. 185, 1040; eff. 11-16-2022.

Chapter 2 Military Assistance Trust Funds

106 KAR 2:021 Military Family Assistance Trust Fund {#sec-106-kar-2-021 omnilex-key=us-ky-regs-official--title-106--106 KAR 2:021}

Section 1. Military Family Assistance Trust Fund Board. The board shall receive a report on all funds expended on applications and shall be informed on the reason for any application being disapproved.

Section 2. Application for Trust Funds. Any qualified service member or the service member's Kentucky resident spouse may submit a Kentucky Military Family Assistance Trust Fund Application, DMA 43-1 for application of grant funds for a need-based emergency.

Section 3. Payment of Grants.

(1)

(a) Except as established in subsection (2) of this section, the following limits shall apply. A maximum of twenty-five (25) percent of the annual Kentucky state median income (SMI), as prepared by the U.S. Census Bureau, using the most current Census may be approved:

For a single application as identified on DMA Form 43-1; and
Per fiscal year per service member.

(b) An award made to the family of a service member shall be included in the amount calculated as awarded to the service member.

(2) Amounts greater than twenty-five (25) percent of the annual Kentucky state median income (SMI) as prepared by the U.S. Census Bureau using the most current Census for a fiscal year maximum cap may be approved by a majority vote of the board members if there is:

(a) A catastrophic event, including a tornado, fire, earthquake, or other disastrous event; or

(b) At least a twenty-five (25) percent loss of annual income by the service member or spouse that is caused by the deployment compared to what the service member's or spouse's annual income was prior to deployment.

(3) The applicant shall submit appropriate documentation to verify:

(a) The applicant's financial need; and

(b) Other assistance that is provided or not provided by other sources.

Section 4. Incorporation by Reference.

(1) "Kentucky Military Family Assistance Trust Fund Application", DMA 43-1, May 2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Administrative Services Division, Office of Management and Administration, Department of Military Affairs, 100 Minuteman Parkway, Boone National Guard Center, Frankfort, Kentucky 40601-6168, or by calling the Office at phone (502) 607-1738, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 36.470, 36.474, 36.476
STATUTORY AUTHORITY: KRS 36.474(3), (4), (5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 36.470 establishes the military family assistance trust fund. KRS 36.474(3) through (5) require the board to promulgate an administrative regulation establishing the maximum amount of grant assistance a person may receive in a twelve (12) month period and to establish a need-based application for trust fund grants. This administrative regulation establishes the Military Family Assistance Trust Fund application process and the maximum amount of grant assistance as required by KRS 36.474.
History: 49 Ky.R. 186, 1041; eff. 11-16-2022.

106 KAR 2:031 National Guard Adoption Benefit Program {#sec-106-kar-2-031 omnilex-key=us-ky-regs-official--title-106--106 KAR 2:031}

Section 1. Kentucky National Guard Adoption Benefit Program Application Procedures.

(1) An eligible member of the Kentucky National Guard applying for funds under KRS 36.477 shall submit a completed Kentucky National Guard Adoption Benefit Program Application.

(2) The application shall be submitted to the Department of Military Affairs, along with:

(a) The documentary evidence required by KRS 36.477(5);

(b) A copy of the Affidavit of Expenses related to the adoption filed with and approved by the court at the finalization of the adoption; and

Section 2. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky National Guard Adoption Benefit Program Application", May 2022;

(b) "Affidavit of Expenses", May 2022; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Military Affairs, 100 Minutemen Parkway, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 36.474, 36.477, 199.555(1)
STATUTORY AUTHORITY: KRS 36.477(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 36.477(8) requires the Department of Military Affairs to promulgate administrative regulations to implement the Kentucky National Guard Adoption Assistance Program. This administrative regulation establishes the requirements for the Kentucky National Guard employee adoption assistance program.
History: 49 Ky.R. 188, 1041; eff. 11-16-2022.

106 KAR 2:040 Survivor benefits for death of a National Guard or Reserve Component member {#sec-106-kar-2-040 omnilex-key=us-ky-regs-official--title-106--106 KAR 2:040}

Section 1. Definitions.

(1) "Act in the line of duty":

(a) Means, with respect to a member of the National Guard or Reserve component with a home of record in Kentucky:

Except as established in paragraph (b)6. of this subsection, an act or omission to act;
A work-related event involving the member; or
An external force upon the member while the member is engaged in an action or duty for which the member is obligated or authorized by rule, administrative regulation, condition of employment or service, or law to perform for the National Guard or Reserve component; and

(b) Does not mean:

A nonwork-related disease or condition or a routine work-related disease or condition common to the eligible member's occupation;
Intentional misconduct of the eligible member;
The eligible member's intention to bring about his or her own death;
The eligible member's willfulness or wanton disregard that brings about his or her own death;
The eligible member's voluntary intoxication if intoxication is a contributing factor in his or her own death; or
An action or omission of a beneficiary, which act or omission constitutes a substantial factor in the death of an eligible member.

(2) "Child" means a natural, adopted, or posthumously born child or natural, adopted, or posthumously born children, born of the deceased member, without regard to the deceased member's marital status.

(3) "Claimant" means a spouse, child, or parent who files a claim for death benefits pursuant to KRS 61.315.

(4) "Death as a direct result of an act:

(a)

Means that the antecedent act, omission to act, or event inflicted upon the eligible member was the substantial factor in the member's death; and
Includes, if applicable, circumstances related to attending National Guard or Reserve Component-related meetings and events as a representative of the National Guard of Reserve Component, including travel to and from local, state, or national meetings or events; and

(b) Does not mean participation in any sports or athletic event or contest, for the purpose of fund raising or any other purpose.

(5) "Death in the line of duty" means the death of an eligible member due to his or her performance of an act in the line of duty that results in:

(a) Immediate death;

(b) A traumatic injury, wound, condition of the body, or disease resulting in death; or

(6) "Parent" means a natural or adoptive parent of the member living at the time of the member's death.

(7) "Spouse" means the lawfully wedded husband or wife of the deceased member living at the time of the member's death, and includes a spouse living apart for any reason from the member at the time of the member's death or a spouse involved in divorce proceedings if a final divorce decree has not been entered.

Section 2. Eligibility.

(1) Survivors. Except as established in subsection (2) of this section, benefits shall be paid to the surviving spouse, surviving child or children, or both, as established in KRS 61.315(2).

(2) An action or omission of a beneficiary, which act or omission constitutes a substantial factor in the death of an eligible member, shall preclude benefits to that beneficiary only.

Section 3. Proof of Relationship. In filing the claim for death benefits, the claimant or claimant's representative shall submit certification of relationship status by the member's National Guard or Reserve component Casualty Assistance Officer or National Guard or Reserve Component personnel directorate.

Section 4. Submission of Claim by Proper Party.

(1) A death benefit claim shall be filed with the office of the Executive Director, Management and Administration, Kentucky Department of Military Affairs, 100 Minuteman Parkway, Frankfort, Kentucky 40601.

(2) The claim shall be submitted and executed by the claimant or the claimant's legally designated representative, including the member's Casualty Assistance Officer or National Guard or Reserve Component personnel directorate, upon submission of written proof of that designation.

Section 5. Proof of Death as a Direct Result of an Act in the Line of Duty. The claimant shall provide proof of death of the eligible employee as a direct result of an act in the line of duty by providing:

(1) The appropriate U.S. Department of Defense military component DD Form 1300, Report of Casualty; or

(2) For a death in State Active Duty status, the Serious Incident Report (SIR) or a similar document, filed by the Joint Operations Center or a similar agency, documenting to the National Guard Bureau the circumstances of the guardsman's death.

Section 6. Certification of Payment of Benefits. Upon certification of survivorship rights to the State Death Benefit, the sum authorized by KRS 61.315(2) shall be paid in check by the state treasurer from the general expenditure fund of the state treasury, as required by KRS 61.315(2) and the treasurer shall transmit the check to the department's administrator for payment to the eligible survivor or survivors.

Section 7. False and Fraudulent Statements. A person who knowingly or willfully makes any false or fraudulent statement or representation in any record or report to the department under KRS Chapter 61.315 or this administrative regulation shall cause the survivors to become ineligible for further funds, and those survivors may be responsible for the return to the state treasury of those funds that were received through these false or fraudulent statements or representations.

Section 8. Right of Review. If a death occurs after twelve (12) months and is believed to be related to the definitions established in Section 1(1), (4), or (5) of this administrative regulation, the department shall have the right of review to determine if the death constitutes death in the line of duty.

Section 9. Appeals.

(1) If the executive director or the executive director's designated representative finds the claimant ineligible for a death benefit, the executive director shall notify the claimant in writing at claimant's last known address of the disposition and shall set forth findings of fact and conclusions of law supporting the decision, as well as claimant's right to a hearing and review by the Adjutant General of Kentucky.

(2) A decision of the department negatively affecting the eligibility of a survivor to be a recipient of the fund shall not be final until the survivor shall have been afforded an opportunity to be heard on the matter.

Section 10. Incorporation by Reference.

(1) "Report of Casualty", DD Form 1300, February 2011, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Military Affairs, Division of Administrative Services, 100 Minuteman Parkway, Boone National Guard Center, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 61.315
STATUTORY AUTHORITY: KRS 61.315(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.315(7) requires the Department of Military Affairs to promulgate an administrative regulation to establish the criteria and procedures pertaining to benefits relating to a National Guard or Reserve Component member's death in the line of duty. This administrative regulation establishes the procedures applicable to a claimant who desires to request a hearing concerning a claimant's eligibility for benefits pertaining to a National Guard or Reserve Component member's death in the line of duty after July 1, 2002.
History: 44 Ky.R. 162, 904; eff. 12-1-2017; Cert. eff. 11-22-2024.

Chapter 3 National Guard Tuition Award Program

106 KAR 3:010 Kentucky National Guard Tuition Award Program {#sec-106-kar-3-010 omnilex-key=us-ky-regs-official--title-106--106 KAR 3:010}

Section 1. Definitions.

(1) "Award period" means the division of the year established by the educational institution, such as a quarter, semester, trimester, summer session, or other academic term.

(2) "Education office" means the Kentucky National Guard Education Office.

(3) "Educational institution" is defined by KRS 164.5161(1).

(4) "Kentucky National Guard" is defined by KRS 164.516(2).

(5) "Member" is defined by KRS 164.516(3).

(6) "Participant" means a member whose application for tuition under the Kentucky National Guard Tuition Award Program has been approved and for whom funds have been disbursed by the Kentucky Higher Education Assistance Authority to the appropriate educational institution.

(7) "Program" means the Kentucky National Guard Tuition Award Program established by KRS 164.516, 164.5161, 164.5165, and 164.5169.

(8) "Satisfactory membership" means the member has:

(a) Not failed the most recent physical fitness test;

(b) Met the height-weight standard;

Unsatisfactory performance; and
Absences without leave; and

(d) No restrictions on the member's personnel file that prevent positive personnel actions.

(9) "Simultaneous membership participant" or "SMP" means a person who is simultaneously:

(a) Enrolled in the Reserve Officer Training Corps; and

(b) A member of the Kentucky National Guard.

(10) "Undergraduate degree" means:

(a) A bachelor's degree; or

(b) An associate degree for completion of a course of study in a technical field, such as but not limited to registered nurse, dental hygienist, physical therapy assistant, engineering technology, or business technology.

Section 2. Eligibility.

(1) A member shall not be eligible for a tuition award if the member has failed to meet the minimum requirements for satisfactory membership in the Kentucky National Guard.

(2)

(a) Except as established in paragraph (b) of this subsection, a member shall be eligible for a tuition award for an award period that will end before the expiration of the member's term of service.

(b) A member shall be eligible for a tuition award for an award period that will end after the expiration of the member's term of service if the member has submitted a signed Kentucky National Guard Tuition Award Program Application and states the member's intent to extend the member's term of service beyond the end of the award period.

(3) Unless the member is a simultaneous membership participant, a member who has not completed basic training shall not be eligible for the program.

(4) Beginning with the 2016-2017 academic year, a participating member's eligibility for the Kentucky National Guard Tuition Award Program shall expire if the:

(a) Member has completed a Bachelor's degree; or

(b) Aggregate of program funds disbursed on behalf of the member meets the lifetime benefit established in this paragraph based on the education institution in which the member is enrolled for the most recent award period.

The lifetime benefit shall be:

a. $20,000 at an institution within the Kentucky Community and Technical College System;

b. $40,000 at a Kentucky private postsecondary educational institution;

c. $40,000 at a Kentucky four (4) year public "comprehensive university" as defined by KRS 164.001(7); or

d. $50,000 at a Kentucky four (4) year public research institution, which shall be either the University of Louisville or the University of Kentucky.

Beginning after the 2016-2017 academic year, the limit for each type of institution established in subparagraph 1. of this paragraph shall be increased annually by five (5) percent to allow for tuition increases.

Section 3. Loss of Eligibility.

(1) A participant shall not be eligible to reapply for a tuition award if:

(a) The educational institution for which the participant received a tuition award has determined that the participant has been:

Placed on academic suspension; or
Expelled for a violation of the educational institution's policies or regulations; or

(b) The participant has failed to meet the minimum requirements for satisfactory membership in the Kentucky National Guard.

(2) A member who has been determined to be ineligible pursuant to subsection (1) of this section shall remain ineligible to reapply for a tuition award until:

(a) The educational institution permits the member's reenrollment; and

(b) The member meets the minimum requirements for satisfactory membership in the Kentucky National Guard.

Section 4. Priority of Applicants. In the selection of participants, priority shall be:

(1) Given to a member who has not received a certificate or diploma from a vocational education program; and

(2) Determined by date of receipt of application at the education office.

Section 5. Application.

(1) An application for a tuition award shall be submitted for each award period.

(2) Except for fall 1996, an application shall be filed on or before:

(a) April 1, for an award period beginning:

May through July; and
August through December; and

(b) October 1, for an award period beginning January through April.

(3) The member shall:

(a) Complete a Kentucky National Guard Tuition Award Program Application for the educational institution the member plans to attend; and

(b) Forward the completed form to the member's unit commander.

(4) A unit commander shall:

(a) Verify an applicant's eligibility; and

(b) Transmit the application and verification of eligibility to the education office.

(5) The education services officer shall:

(a) Review the application;

(b) Determine the priority of the application as established in Section 4 of this administrative regulation;

(d) Mail a written notification to the applicant stating:

That the application has been approved, or disapproved; and
If disapproved, the reasons therefore; and

(e) Transmit a copy of the Kentucky National Guard Tuition Award Roster to the appropriate educational institution.

(6) The Kentucky National Guard Tuition Award Roster shall contain:

(a) Name and federal l.D. code of educational institution;

(b) Names of approved applicants;

(d) The amount of the tuition award granted each applicant;

(e) Control number for each applicant;

(f) Date of award roster;

(g) Signature and date signed by education services officer;

(h) Educational institution certification statement, signature, and date signed;

(i) Educational institution fund transfer account entry line, if applicable;

(j) Adjusted amount of tuition entry line;

(k) Period of enrollment for each roster;

(l) Academic year;

(m) Total number of eligible students; and

(n) Total amount of awards.

(7) The education officer shall request the educational institution to:

(a) Verify enrollment; and

(b) State in the adjusted amount entry line the exact amount of tuition charged the participant.

Section 6. Funds shall be appropriated pursuant to 11 KAR 13:010.

Section 7. Tuition Award Period.

(1) A tuition award shall be granted for an award period.

(2)

(a) A participant's award shall not exceed the amount of the tuition charged by the educational institution minus the amount received by the applicant that is restricted to the payment of tuition from:

A government agency;
An educational institution;
Charity;
Public educational trust; or
Any other entity.

(b) The provisions of paragraph (a) of this subsection shall not apply to an amount received by an applicant:

Pursuant to 10 U.S.C. 1606 (Montgomery G.I. Bill, Reserve Components);
Pursuant to 38 U.S.C. 30 (New G.I. Bill, Active Duty);
Pursuant to 38 U.S.C. 32 (G.I. Bill, Vietnam Era);
Pursuant to 20 U.S.C. 1070a (Federal Pell Grant Program);
From a loan obtained by an applicant; and
From scholarships that are not restricted to the payment of tuition.

Section 8. Appeals. A member whose application has been disapproved, or whose application has been approved for an amount disputed by the member, may request reconsideration, in writing with supporting documents, through command channels to the Adjutant General.

Section 9. Incorporation by Reference.

(1) The following forms are incorporated by reference:

(a) "Kentucky National Guard Tuition Award Program, Application AGO KyForm 18-7", 15 August 1996; and

(b) "Kentucky National Guard Tuition Award Roster AGO KyForm 18-9", 1 August 1996.

(2)

(a) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky National Guard Education Services Office, Vets Building, Boone National Guard Center, Frankfort Kentucky 40601-6168, Monday through Friday, 7:30 a.m. to 5 p.m.

(b) The office may be closed on alternate Mondays due to being under an adjusted work schedule. It is suggested that a call be made to the office to determine actual work hours, (502) 607-1039 or (502) 607-1307.

History

RELATES TO: KRS 164.001(7), 164.516, 164.5161, 164.5165, 164.5169, 10 U.S.C. 1606, 20 U.S.C. 1070a, 38 U.S.C. 30, 32
STATUTORY AUTHORITY: KRS 164.5161, 164.5165
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.5161(2) authorizes the Kentucky National Guard Tuition Award Program. 164.5161(4) requires the Department of Military Affairs to promulgate an administrative regulation to establish eligibility requirements for participation in the Kentucky National Guard Tuition Award Program. This administrative regulation establishes eligibility requirements for participation in the Kentucky National Guard Tuition Award Program.
History: 23 Ky.R. 2896; eff. 3-6-1997, 42 Ky.R. 814; 1455; eff. 12-4-2015; Cert. eff. 12-2-2022.

Chapter 4 Military Burial Honors Program

106 KAR 4:020 Commonwealth of Kentucky Military Burial Honor Guard Trust Fund and Military Burial Honor Guard {#sec-106-kar-4-020 omnilex-key=us-ky-regs-official--title-106--106 KAR 4:020}

Section 1. Definitions.

(1) "Casualty Assistance Office" means the designated United States Department of Defense element for civilian funeral directors to request military funeral honor support.

(2) "Eligible veteran" means a Kentuckian who has met the requirements of Section 3 of this administrative regulation.

(3) "Fund" means the Commonwealth of Kentucky Military Burial Honor Guard Trust Fund established by KRS 36.392(1) to appropriate monies for the Military Burial Honor Guard Program activities required by KRS 36.390 through 36.396.

(4) "Military funeral honors authorized provider" means any veteran's service organization or other military or civil entity that has been trained to Department of Defense military funeral honors standards recognized by the Department of Defense to provide military funeral honors.

(5) "Selected reserve" means military units and individuals in each reserve component that participates in paid federal training periods and serves on paid federal active duty for training and includes members and former members of the Kentucky National Guard.

(6) "Military Burial Honor Guard Program Coordinator" means the representative designated by the Adjutant General of Kentucky to implement the Military Burial Honor Guard Program.

(7) "Military Burial Honor Guard Program" means the program, funded by the Military Burial Honor Guard Trust Fund, to render military funeral honors to eligible Kentucky veterans.

Section 2. Military Burial Honor Guard Trust Fund.

(1) Money derived from the fund shall be expended for an approved program that:

(a) Appropriates monies for activities of the Military Burial Honor Guard Program for costs incurred or deemed necessary by the Department of Military Affairs;

(b) Provides for honorable military burials for Kentuckians who have served their state and nation in the armed forces;

(d) Works with public and private sectors to honor and recognize the service and sacrifice of veterans.

(2) Fundraising.

(a) The Fund may accept appropriated monies, gifts, donations, or grants from an individual, a corporation, or government entity.

(b) Gratuitous donations may be accepted by the Fund.

Checks shall be made out to the Kentucky State Treasurer.
Checks shall be sent to the Adjutant General of Kentucky, Attention: Military Burial Honor Guard Coordinator, Building 100, Boone National Guard Center, 100 Minuteman Parkway, Frankfort, Kentucky 40601-6168.

(3) Incidental costs. Program encumbrances and disbursements shall be approved by the Executive Director, Office of Management and Administration, Department of Military Affairs, if the funeral honor detail meets the standards and requirements set forth in this administrative regulation. In addition, program expenditures shall not be made for a commodity or service otherwise provided by an existing federal or state entitlement or program.

Section 3. Eligibility.

(1) Kentucky Veterans shall be eligible for military honors if the Veteran:

(a) Served the state and nation in the armed forces and was discharged or released under conditions other than dishonorable by means of an honorable or under honorable conditions (general) discharge;

(b) Completed at least one (1) enlistment as a member of the selected reserve or, in the case of an officer, completed the initial obligated service as a member of the selected reserve;

(d) Was discharged before completion of the person's initial enlistment as a member of the selected reserve or, in the case of an officer, period of initial obligated service as a member of the selected reserve, for a disability incurred or aggravated in line of duty;

(e) Died while a member of the active component or selected reserve; or

(f) Retired from an active component or selected reserve.

(2) An individual ineligible to receive military honors shall include individuals:

(a) Who have, at any time, been discharged or released from military service with a:

Dishonorable discharge;
Bad conduct discharge;
Dismissal from service awarded by a court-martial;
Other than under honorable conditions; or
Resignation by an officer for the good of the service in lieu of court-martial, which results in a discharge of under other than honorable conditions.

(b) Convicted of a federal or state capital crime not commuted by the Governor or the President;

Be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act; and
Sentenced to a minimum of life in prison; or
Be sentenced to a period of Ninety-nine (99) years or more; and
Have a conviction that has not been commuted.

(d) Who avoided a trial or conviction for crimes established in paragraphs (b) or (c) of this subsection due to death or flight to avoid prosecution.

Section 4. Military Burial Honor Guard Program.

(1) Policy.

(a) The Military Burial Honor Guard Program shall be the burial honor guard program required by KRS 36.392(1) to render military funeral honors and respect to Kentuckians who faithfully defended the Commonwealth of Kentucky and the nation in the armed services.

(b) A Kentucky veteran shall be entitled to military burial honors under the Military Burial Honors Program if:

The veteran is eligible under the criteria in Section 3 of this administrative regulation; and
Monies are available.

(c) The Military Burial Honor Guard Program shall supplement the minimum, two (2) person, flag presentation federal honors ceremony.

(2) Standards. The Military Burial Honor Guard Program activities shall comply with the standards established by the Department of Defense Military Funeral Honors Program defined in 10 U.S.C. 1491.

(3) Responsibilities.

(a) Military Burial Honor Guard Coordinator. The Military Burial Honor Guard Coordinator shall:

Implement this administrative regulation to conduct military funeral honors support by the Kentucky National Guard and other military funeral honors authorized providers;
Ensure proper decorum consistent with Department of Defense Military Funeral Honors Program defined in 10 U.S.C. 1491 and including trained personnel, proper equipment, standardized procedures, and quality control of funeral honors details;
Validate requests for military funeral honor support received from the Casualty Assistance Office and coordinate with Military Burial Honor Guard Program authorized providers;
Ensure adequate funding requests to support the Military Burial Honor Guard Program;
Coordinate with active and reserve military, veterans service organizations, and other civilian military funeral honors authorized providers for support and assistance in the conduct of a military funeral honors detail;
Serve as the single point of contact for all matters relating to the conduct of military funeral honor details by the Kentucky National Guard;
Collect standardized data on all military funeral honors rendered by the Kentucky National Guard and supported by the Military Burial Honor Guard Program; and
Receive and coordinate all requests for military funeral honors support from the Casualty Assistance Office, funeral directors, family members, or other authorized sources.

(b) Department of Veterans Affairs. The Kentucky Department of Veterans Affairs shall:

Support the Department of Military Affairs in the implementation and maintenance of the Military Burial Honor Guard Program;
Verify veteran's service organizations as military funeral honors authorized providers; and
Assist military funeral honors authorized providers in procuring sufficient training aides and equipment to conduct military funeral honors.

(c) Military funeral honors authorized providers. Military funeral honors authorized providers may perform, augment, and supplement state military funeral honors details. The Adjutant General may establish on-going liaison and formal agreements with any Department of Defense recognized military funeral honors authorized provider or other entity within the state to assist with obtaining Department of Defense recognition, training, and support or to further the understanding of the sacrifices made by the deceased.

(4) Military Burial Honor Guard Program procedures. Requesting military funeral honors support.

(a) Funeral directors or families shall contact the appropriate Department of Defense Casualty Assistance Office or the Military Burial Honor Guard Program Coordinator to request military funeral honors support.

(b) The Department of Defense component shall coordinate with the Kentucky Department of Military Affairs or other military element to provide the requested support to eligible veterans based on the service component of the deceased (Kentucky National Guard, other Selected Reserve element, U.S. Army, Air Force, Space Force, Navy, Marine Corps, or Coast Guard).

(c) All requests for military funeral honors support shall be a minimum of forty-eight (48) hours in advance of the requested burial ceremony. The Military Burial Honor Guard Coordinator may, if monies, equipment, and personnel are available to accommodate the late request, waive the forty-eight (48) hour notice requirement.

History

RELATES TO: KRS 36.390, 36.392, 36.394, 36.396, 10 U.S.C. 1491
STATUTORY AUTHORITY: KRS 36.390(3), 36.394(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 36.392(1) establishes the Military Burial Honor Guard Trust Fund. KRS 36.390(3) requires the Kentucky Department of Military Affairs to implement and administer this fund and to implement a state burial honor guard program that complies with, and supplements, the federal, United States Department of Defense, Military Funeral Honors Program as established by 10 U.S.C. 1491. This administrative regulation establishes the requirements, policies, procedures, and operational criteria for the Military Burial Honor Guard Program.
History: 50 Ky.R. 800; eff. 10-25-2023.

Title 106 KAR — Department of Military Affairs

Chapter 1 Disaster and Emergency Services

106 KAR 1:081 Kentucky Emergency Response Commission (KERC) Tier II reporting and fee schedule requirements; Extremely Hazardous Substance (EHS) facility planning participation requirements {#sec-106-kar-1-081 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:081}

106 KAR 1:091 Kentucky Emergency Response Commission (KERC) fee account grant requirements for Local Emergency Planning Committees (LEPCs) {#sec-106-kar-1-091 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:091}

106 KAR 1:101 Kentucky Emergency Response Commission (KERC) fee account grant requirements for state agencies {#sec-106-kar-1-101 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:101}

106 KAR 1:111 Kentucky Emergency Response Commission (KERC) Fee Account Grant Review Committee {#sec-106-kar-1-111 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:111}

106 KAR 1:121 Kentucky Emergency Response Commission (KERC) fee account grant distribution formula {#sec-106-kar-1-121 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:121}

106 KAR 1:131 Kentucky Emergency Response Commission civil penalty assessment and hearings procedure {#sec-106-kar-1-131 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:131}

106 KAR 1:141 Emergency management funding {#sec-106-kar-1-141 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:141}

106 KAR 1:171 Local emergency management agency program quarterly report {#sec-106-kar-1-171 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:171}

106 KAR 1:181 Emergency management project application {#sec-106-kar-1-181 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:181}

106 KAR 1:191 Emergency management project application reimbursement {#sec-106-kar-1-191 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:191}

106 KAR 1:201 Local emergency management plan {#sec-106-kar-1-201 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:201}

106 KAR 1:211 Local emergency management training {#sec-106-kar-1-211 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:211}

106 KAR 1:221 Local emergency management exercise {#sec-106-kar-1-221 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:221}

106 KAR 1:231 Local emergency management agency ordinance requirement {#sec-106-kar-1-231 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:231}

106 KAR 1:241 Local emergency management director appointment process {#sec-106-kar-1-241 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:241}

106 KAR 1:251 Local emergency management personnel Workers' Compensation Enrollment Form {#sec-106-kar-1-251 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:251}

106 KAR 1:261 Supplementary state fund emergency management training expense reimbursement eligibility list {#sec-106-kar-1-261 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:261}

106 KAR 1:291 Specialized rescue squad alternative affiliation agreement process {#sec-106-kar-1-291 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:291}

106 KAR 1:341 Rescue aid fund allocation {#sec-106-kar-1-341 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:341}

106 KAR 1:371 Rescue aid fund expenditure documentation {#sec-106-kar-1-371 omnilex-key=us-ky-regs-official--title-106--106 KAR 1:371}

Chapter 2 Military Assistance Trust Funds

106 KAR 2:021 Military Family Assistance Trust Fund {#sec-106-kar-2-021 omnilex-key=us-ky-regs-official--title-106--106 KAR 2:021}

106 KAR 2:031 National Guard Adoption Benefit Program {#sec-106-kar-2-031 omnilex-key=us-ky-regs-official--title-106--106 KAR 2:031}

106 KAR 2:040 Survivor benefits for death of a National Guard or Reserve Component member {#sec-106-kar-2-040 omnilex-key=us-ky-regs-official--title-106--106 KAR 2:040}

Chapter 3 National Guard Tuition Award Program

106 KAR 3:010 Kentucky National Guard Tuition Award Program {#sec-106-kar-3-010 omnilex-key=us-ky-regs-official--title-106--106 KAR 3:010}

Chapter 4 Military Burial Honors Program

106 KAR 4:020 Commonwealth of Kentucky Military Burial Honor Guard Trust Fund and Military Burial Honor Guard {#sec-106-kar-4-020 omnilex-key=us-ky-regs-official--title-106--106 KAR 4:020}

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