Distribution, purpose, and administration of fund
Sec. 7. (a) Before July 1 of each year, the department of state
revenue shall distribute the money in the emergency planning and
right to know fund as follows:
(1) Ten percent (10%) allocated to the emergency response
commission and administered by the state emergency
management agency to be used to enhance communication
among local emergency planning committees and between local
emergency planning committees and the emergency response
commission in order to strengthen joint hazardous material
incident response capabilities. 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) The distribution to the hazardous substance response fund
established by IC 13-25-4-1 that is authorized for the year by
the general assembly.
(3) 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 annual returns filed under section 6(b) 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 emergency response 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 Title III of SARA (42 U.S.C. 11001
et seq.);
(3) training for emergency response planning, information
management, and hazardous materials incident response;
(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; and
(7) paying for Title III risk communication, chemical accident
related, and accident prevention projects submitted to and
approved by the Indiana emergency response commission.
However, revenue distributed to a county under this section may be
used for the purpose set forth in subdivisions (3) through (7) only if
the local emergency planning committee appointed for the county has
prepared and submitted to the emergency response 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
emergency response 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) remains under the
direction and control of the local emergency planning committee.
As added by P.L.70-1988, SEC.1. Amended by P.L.61-1990, SEC.4;
P.L.101-1995, SEC.1; P.L.1-1996, SEC.55; P.L.63-1996, SEC.1;
P.L.66-1997, SEC.1.
Last modified: May 28, 2006