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

Funding Sources Fees from Facilities to the IERC $ IERC allocates 90% of funds to LEPCs IC (a) $ Redistribution of withheld funds from Inactive LEPCs

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))

8 LEPC Expense Categories IC (b) 1.Establishing LEPC plan 2.Dealing with public information requests 3.Training for emergency and HAZMAT response 4.Equipping a HAZMAT response team 5.Purchasing communication gear 6.Paying member stipends  $20 per member per LEGAL meeting 7.Paying for special projects  Must be PRE-APPROVED by IERC 8.Maintaining, repairing, calibrating LEPC equipment

Conditions for all LEPC Expenditure  Addressed at legal meeting  Quorum of members present  Majority vote to approve expenditure  Expenditure within 8 spending categories

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)

LEPC Procedure to Request Funds Prepare a funding request (budget) listing as line items the eight categories for expenditure 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 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 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 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 (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

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

Expense Category 2 ý Office equipment and supplies ý Computer/internet communiqué ý Information storage

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

Expense Category 4 è Masks/suits/tanks è Booms/foams/absorbers è Emergency/response equipment

Expense Category 5 ê Office/mobile phone ê Computer ê Internet service ê Fax machine

Expense Category 6 k Must be a legal meeting k Must have a quorum of LEPC members present k Must be voted on and approved

Expense Category 7 ê Risk communication projects ê Chemical accident prevention projects ê IERC pre-approval required

Expense Category 8 LEPC membership approval required

However...

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 )

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