This text of Indiana § 13-25-2-10.6 (Distribution of money in local emergency planning and right to know
fund) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
6.
(a)Before July 1 of each year, the
department of state revenue shall distribute the money in the local
emergency planning and right to know fund as follows:
(1)Ten percent (10%) allocated to the commission and
administered by the department of homeland security to be used
for the implementation and administration of IC 13-25-1 and this
chapter. Money received as an allocation under this subdivision
does not revert to the state general fund at the end of a state fiscal
year.
(2)A distribution of the remaining money as follows:
(A)To each county, two thousand five hundred dollars
($2,500).
(B)To each county, an additional distribution in an amount
determined in STEP TWO of the following formula:
STEP ONE: Divide the amount available for distribution by
the number of facilities that p
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6. (a) Before July 1 of each year, the
department of state revenue shall distribute the money in the local
emergency planning and right to know fund as follows:
(1) Ten percent (10%) allocated to the commission and
administered by the department of homeland security to be used
for the implementation and administration of IC 13-25-1 and this
chapter. Money received as an allocation under this subdivision
does not revert to the state general fund at the end of a state fiscal
year.
(2) A distribution of the remaining money as follows:
(A) To each county, two thousand five hundred dollars
($2,500).
(B) To each county, an additional distribution in an amount
determined in STEP TWO of the following formula:
STEP ONE: Divide the amount available for distribution by
the number of facilities that paid the fee required under
section 10(a)(2) of this chapter in the calendar year preceding
the distribution.
STEP TWO: Multiply the quotient determined in STEP ONE
by the number of facilities located in each county.
The department of state revenue may make a distribution to a
county under this subdivision only after receiving notice from the
commission that the local emergency planning committee for the
county has met the requirements of IC 13-25-1-6(b).
(b) The revenue distributed to the county under this section shall be
deposited in a separate fund established by the county for the purpose
of:
(1) preparing and updating a comprehensive emergency response
plan required under 42 U.S.C. 11003 for the county or emergency
planning district;
(2) establishing and implementing procedures for receiving and
processing requests from the public for information about
hazardous chemicals under SARA (42 U.S.C. 11001 et seq.);
(3) training for emergency response planning, information
management, and hazardous materials incident response and
exercising hazardous materials response plans;
(4) equipping a hazardous materials response team that provides
at least a district wide emergency planning response if the
equipment purchased is consistent with current training levels of
the response team members;
(5) purchasing communication equipment for a local emergency
planning committee's administrative use;
(6) paying an optional stipend to local emergency planning
committee members who attend regularly scheduled meetings at
which a quorum is present in an amount:
(A) determined by a majority of the local emergency planning
committee membership; and
(B) that is not more than twenty dollars ($20) per member per
meeting;
(7) paying for Title III risk communication, chemical accident
related, and accident prevention projects submitted to and
approved by the commission; and
(8) maintaining, repairing, and calibrating equipment purchased
for a hazardous materials response team under subdivision (4).
However, revenue distributed to a county under this section may be
used for the purposes set forth in subdivisions (3) through (8) only if
the local emergency planning committee appointed for the county has
prepared and submitted to the commission an emergency plan that
meets the requirements of 42 U.S.C. 11003(a) and has received
approval for the training programs from the commission.
(c) The fund established under subsection (b) shall be administered
by the county executive. The expenses of administering the fund shall
be paid from money in the fund. Money in the fund not currently
needed to meet the obligations of the fund may be invested in the same
manner as other public funds. Interest that accrues from these
investments shall be deposited in the fund. Money in the fund at the
end of the fiscal year remains in the fund and does not revert to any
other fund.
(d) Money shall be appropriated by a county fiscal body (as defined
in IC 36-1-2-6) from a fund established under subsection (b) upon the
receipt by the county fiscal body of the local emergency planning
committee's spending plan. The spending plan must:
(1) have been approved by a majority of the members of the local
emergency planning committee; and
(2) conform with the provisions of this chapter.
The county fiscal body may not appropriate money from the fund
established under subsection (b) for any person or purpose other than
the local emergency planning committee.
(e) All equipment, apparatus, and supplies purchased with money
from a fund established under subsection (b) remain under the direction
and control of the local emergency planning committee.