LEPC Funding Source, Appropriation, Allocation, and Usage IC 6-6-10-7 2010 IERC Conference LEPC Funding Source, Appropriation, Allocation, and Usage IC 6-6-10-7 By Ian Ewusi IERC Field Representative

Funding Sources Fees from Facilities to the IERC IERC allocates 90% of funds to LEPCs IC 6-6-10-7(a) Redistribution of withheld funds from Inactive LEPCs The mechanism for appropriating money from the state to the LEPCs are as follows: Indiana is a Fee State, as such, SARA Title reporting facilities are required to pay fees for storing hazardous substance above the minimum thresholds levels. The 3 fee categories are $200, $100 and $50. 90% of the fees goes to the LEPCs. Each LEPC receives $2500 and the remainder of the fees is apportioned to the LEPCs based on the number of SARA Title III facilities in LEPCs jurisdiction. Funds are withheld from inactive LEPCs and redistributed to active LEPCs Reimbursement grants are also available to LEPCs through programs such as HEMP.

Role of Government IERC—Oversees the funds (appropriation and LEPC usage) IDR—Collects and distributes funds as directed by IERC County fiscal body—Receives and issues funds according to LEPC budget (custodial responsibility—IC 6-6-10-7(c)(d)) LEPC—Uses funds as defined by 8 funding categories (IC 6-6-10-7(b))

8 LEPC Expense Categories IC 6-6-10-7(b) Establishing LEPC plan Dealing with public information requests Training for emergency and HAZMAT response Equipping a HAZMAT response team Purchasing communication gear Paying member stipends $20 per member per LEGAL meeting Paying for special projects Must be PRE-APPROVED by IERC Maintaining, repairing, calibrating LEPC equipment The IERC has established 7 expense categories to aid LEPCs with their fiscally plan.

Conditions for all LEPC Expenditure Addressed at legal meeting Quorum of members present Majority vote to approve expenditure Expenditure within 8 spending categories All LEPCs must adhere to these conditions of expenditure

Requirement for Funding Categories 3-to-8 Funding may only be used in these categories if… LEPC is active LEPC has prepared and submitted to the IERC an emergency plan (LEPC plan) that meets the requirements of 42 U.S.C. 11003(a) LEPC has received IERC approval for planned training programs (Training Resource Guide)

LEPC Procedure to Request Funds Prepare a funding request (budget) listing as line items the eight categories for expenditure Request must be approved by the LEPC in a regular meeting, and this approval must be reflected in official minutes Submit funding request and the LEPC’s official minutes reflecting approval to the County Auditor and County Council Participate in the annual budget hearings held by the County Council Additional expenditure requests for funding beyond the appropriated funds must include a funding request and a copy of the LEPC’s official minutes reflecting approval of the supplemental funding request to the County Auditor

County Fiscal Body Procedure to Request Funds County Council shall approve the LEPC’s budget, as required by Indiana Code 6-6-10-7(d) County Auditor shall act as the custodian of the approved funds, writing checks to cover expenditures from the various line items as requested The County Auditor must ensure that appropriated funds are not invested in a manner which prohibits their ready access upon request of the LEPC County must not impose any requirements upon the nature or manner of expending LEPC funds beyond those outlined above in the relevant state law

Establishing LEPC plan Expense Category 1 Establishing LEPC plan Gathering information Authoring or writing Publishing & distributing Updating information Contracting for the above

Dealing with public information requests Expense Category 2 Dealing with public information requests Office equipment and supplies Computer/internet communiqué Information storage

Training for emergency and HAZMAT response Expense Category 3 Training for emergency and HAZMAT response Instructors from the state, from state resource list, or with national recognition (Resource Guide) SARA Title III Classes HAZMAT training (awareness, ops & tech levels) Other Training Incident to HAZMAT (IERC Approval Required) HAZMAT exercises LEPC conferences

Equipping a HAZMAT response team Expense Category 4 Equipping a HAZMAT response team Masks/suits/tanks Booms/foams/absorbers Emergency/response equipment

Expense Category 5 Office/mobile phone Computer Internet service Purchasing communication gear for LEPC administrative use Office/mobile phone Computer Internet service Fax machine

Paying LEPC members a $20 meeting stipend Expense Category 6 Paying LEPC members a $20 meeting stipend Must be a legal meeting Must have a quorum of LEPC members present Must be voted on and approved

Paying for SARA Title III-related special projects Expense Category 7 Paying for SARA Title III-related special projects Risk communication projects Chemical accident prevention projects IERC pre-approval required

LEPC membership approval required Expense Category 8 Maintaining, repairing, calibrating LEPC purchased equipment LEPC membership approval required

Full-Time or Part-Time Positively No Payment of Salaries !!! Full-Time or Part-Time It is Illegal to pay salaries, either part-time or full-time to individuals (LEPC members or non-members) for performing LEPC tasks. However ...

Contracting LEPC Members (Independent Contractors) In accordance with the State Ethics Commission (SEC), the following statutes apply: SEC Jurisdiction (IC 4-2-6-2.5) Financial Conflict of Interest (IC 4-2-6-9) Criminal Conflict of Interest (IC 35-44-1-3)

Questions? John Steel, LEPC Coordinator Indiana Department of Homeland Security 302 West Washington Street, Room E208 Indianapolis, IN 46204 Office: (317) (317) 233-6519 Fax: (317) 233-5006 jsteel@dhs.in.gov Ian Ewusi, IERC Representative Mobile: (317) 695-2119 Fax: (317) 233-5006 iewusi@dhs.in.gov