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

2. Funding Sources Fees from Facilities to the IERC
IERC allocates 90% of funds to LEPCs IC (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.

3. 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 (c)(d))
LEPC—Uses funds as defined by 8 funding categories (IC (b))

4. 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.

5. 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

6. 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 (a)
LEPC has received IERC approval for planned training programs (Training Resource Guide)

7. 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

8. County Fiscal Body Procedure to Request Funds
County Council shall approve the LEPC’s budget, as required by Indiana Code (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

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

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

11. 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

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

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

14. 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

15. 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

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

17. 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 ...

18. Contracting LEPC Members (Independent Contractors)
In accordance with the State Ethics Commission (SEC), the following statutes apply:
SEC Jurisdiction (IC )
Financial Conflict of Interest (IC )
Criminal Conflict of Interest (IC )

19. Questions? John Steel, LEPC Coordinator
Indiana Department of Homeland Security
302 West Washington Street, Room E208
Indianapolis, IN 46204
Office: (317) (317)
Fax: (317)
Ian Ewusi, IERC Representative
Mobile: (317)
Fax: (317)