SB 99 — AN ACT relating to disaster relief funding and declaring an emergency.

UNOFFICIALCHAPTER COPY91 231 RSCHAPTER 91 ( SB 99/EN99 ) AN ACT relating to disaster relief funding and declaring an emergency.

(c) The statutory and constitutional authority to raise revenue and expend funds from a state agency to individuals and entities absent an Page 1 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN appropriation as required by Section 230 of the Constitution of Kentucky;

2 The roles, assigned responsibilities, and authority of the entities involved in the administration of funds;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 2.

(b) A separate fund to provide financial assistance for those located in the areas Page 2 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN named in the Presidential Declaration of a Major Disaster, designated FEMA-FEMA-4663-DR-KY, 4663-DR-KY, and impacted by the July 2022 storms and flooding that occurred in the eastern Kentucky region;

and (c) Used to provide financial support to those located in the areas named in the Presidential Declaration of a Major Disaster, designated FEMA-4663-DR-FEMA-4663-DR-KY, KY, in the eastern Kentucky region to recover from the devastation caused by the storms and flooding.

Page 3 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN 1.

b.[2.]Reimbursementb.[2.] Reimbursement for services, personnel, and equipment provided during the response and recovery to communities impacted by the storms and flooding, but only to the extent of damage directly caused by the storms and flooding;

c.[3.]FundingCHAPTER 91 3 c.[3.] Funding to cities, counties, and publicly owned utilities for the costs of replacement or repair of publicly owned buildings and their contents due to the damage from the storms and flooding, but only to the extent of damage directly caused by the storms and flooding;

Paged.[4.] 4Assistance of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN d.[4.]Assistance to cities and counties for expenses related to planning efforts for rebuilding and recovering from the damage, but only to the extent of damage directly caused by the storms and flooding;

e.[5.]Assistancee.[5.] Assistance to support disaster recovery and relief needs of local school districts, but only to the extent of loss or damage directly caused by the storms and flooding, including but not limited to:

and ii.[b.]Financialii.[b.] Financial support to assist school districts with building and tangible property replacement needs;

of this Page 5 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN subparagraph shall report to the Department of Military Affairs, Division of Emergency Management, on a quarterly basis:

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Reimbursement of the advancement under paragraph (a) of this subsection shall:

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2.[(b)]2.[(b)]Before Before July 1, 2026[2024], all moneys reimbursed to the Commonwealth under subparagraph 1.

of this paragraph shall be deposited in the EKSAFE fund within thirty (30) days, and shall be continuously Page 7 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN appropriated.

and Page 8 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN 4.

CHAPTER 91 5 b.

Page(a)[1.]City, 9 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN (a)[1.] City, county, urban-county government, consolidated local government, unified local government, or charter county government;

(b)[2.](b)[2.]Nonprofit Nonprofit or public utility service provider;

(d)[4.](d)[4.]School School district;

(a)[1.](a)[1.]Is Is located in the areas named in a Presidential Declaration of Emergency relating to the storms and tornadoes that occurred in December 2021;

and (b)[2.](b)[2.]Has Has disaster-related needs in response to the storms and tornadoes that occurred in December 2021.

(b)[2.](b)[2.]Reimbursement Reimbursement for services, personnel, and equipment provided during the response and recovery to communities impacted by the storms and tornadoes, but only to the extent of damage directly caused by the storms and Page 10 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN tornadoes;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c)[3.] Funding to cities, counties, and publicly owned utilities for the costs of replacement or repair of publicly owned buildings and their contents due to the damage from the storms and tornadoes, but only to the extent of damage directly caused by the storms and tornadoes;

(d)[4.](d)[4.]Assistance Assistance to cities and counties for expenses related to planning efforts for rebuilding and recovering from the damage, but only to the extent of damage directly caused by the storms and tornadoes;

1.[a.]Financial1.[a.] Financial support for school districts that will experience a default in bond payments;

and 2.[b.]Financial2.[b.] Financial support to assist school districts with building and tangible property replacement needs;

and b.[ii.]Departmentb.[ii.] Department of Education for school districts.

2.[b.]The2.[b.] The financial assistance determined in subparagraph 1.

Pageb.[ii.] 11Sixty-six of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN b.[ii.]Sixty-six percent (66%) of the lost revenue in fiscal year 2023-2023-2024; 2024;

(d) No later than November 1, 2023, and each November 1 thereafter, the Department of Military Affairs, Division of Emergency Management, shall Page 12 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN compile the information reported by each recipient under paragraph (c) of this subsection and report the compiled information to the Interim Joint Committee on Appropriations and Revenue.

and CHAPTER 91 7 (b) Adhere to the terms of the WKSAFE fund regarding reimbursement to the Commonwealth if funds from other sources are subsequently received after the receipt of financial assistance from the Commonwealth.

If a recipient of moneys from the WKSAFE fund subsequently receives moneys from any other source, the recipient shall reimburse the Commonwealth for the amount of the moneys received from the Page 13 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN WKSAFE fund.

2.[(b)]2.[(b)]Before Before July 1, 2026, all moneys reimbursed to the Commonwealth under subparagraph 1.

(14)[(11)] The following reports shall be submitted to the Senate Standing Committee on Appropriations and Revenue and the House Standing Committee on Appropriations Page 14 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN and Revenue or the Interim Joint Committee on Appropriations and Revenue by the tenth day of each month, beginning May 10, 2022, and ending July 10, 2026:

and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY c.

(15)[(12)] A report shall be submitted to the Senate Standing Committee on Appropriations and Revenue and the House Standing Committee on Appropriations and Revenue or the Interim Joint Committee on Appropriations and Revenue by the tenth day following the end of each calendar quarter by the Cabinet for Economic Page 15 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN Development, beginning July 10, 2026, and ending when no further applications for a loss payment may be submitted under KRS 154.20-589(7), including:

or Page 16 of 24 SB009920.100 - 1278 - XXXX 3/16/2023 8:55 PM Engrossed UNOFFICIAL COPY 23 RS SB 99/EN h.