in-20241204-IR-290240262FRA: DIGEST STATE DISASTER RELIEF FUND

Final Rule LSA Document #24-262 DIGEST Sec. 0.5. The state disaster relief fund public assistance program is established to Sec. 1. (a) The definitions in this section apply throughout this rule. (b) "Active disaster" means any damaging event currently under consideration by the department for funding under the state disaster relief fund. (c) "Applicant" means any an eligible entity (d) "Applicant's agent" means the person who is authorized by the executive of the applicant to act on behalf of the applicant for a grant. (e) "County emergency management director" means the individual as described in IC 10-14-3-17(d)(2). (f) "Damage assessment" means a comprehensive assessment of all damages to public facilities to include property, which includes verifiable estimates of repair or replacement costs. This also includes costs for removing debris deposited in the public right-of-way, but generally does not include other disaster response costs unless the response cost is also shown to appropriately be classified as a damage. (g) "Department" means the Indiana department of homeland security established under IC 10-19-2-1. (h) "Director" means the executive director of the department appointed under IC 10-19-3-1. (i) "Disaster" has the meaning as set forth in IC 10-14-3-1. (j) "Disaster response costs" means the additional and necessary expenses incurred by an eligible entity during a disaster for debris removal deposited within in the public right-of-way, and equipment costs, at the rates contained in the department's state public assistance plan, as in effect on the date of the disaster. The term also includes the costs incurred for state verification surveys conducted by the state or a local unit of government at the written direction of the department. and other costs generally not included as part of the damage assessment but are incurred as part of the eligible entity's response. This includes: (k) "Eligible entity" has the meaning set forth in IC 10-14-4-2. For purposes of this rule, the term excludes individuals. (l) "Public property" means any property an eligible entity owns, maintains, operates, or may be financially responsible for, and includes the following: (k) (m) "State public assistance plan" means the plan prepared by the public assistance branch of the response and recovery division of the department, which plan contains the current equipment usage rates approved by the Federal Emergency Management Agency. (l) (n) "Uninsured loss" means a financial loss to an eligible public assistance applicant due to the costs of repair, restoration, or other actions relating to an eligible category of damages under section 5 of this rule to public property, that is owned by, maintained by, or operated by or on behalf of an eligible applicant and which financial loss is not compensated by insurance. The term does not include a deductible amount the insured applicant must pay before any insurance proceeds are paid. Sec. 2. (a) An eligible local government applicants entity suffering disaster damages shall to public property may apply for a state disaster relief fund public assistance grant. as follows: To apply, the applicant must meet the following requirements: (b) As provided in section 2.5 of this rule, the grant ordinarily will be provided on a reimbursement basis. If the applicant believes that it will need a working capital advance to be able to cover its expected disbursement needs during the initial stages of its rebuilding and recovery projects, the applicant may request a working capital advance. If the applicant is requesting a working capital advance, the applicant must include the following information in its grant application: (c) Not more than fifty percent (50%) of the estimated project total may be advanced. Sec. 2.5. (a) Complete applications will be reviewed and acted upon by the department. The decision to grant or deny, in whole or in part, the application for a state disaster relief fund public assistance grant shall not be made until it is determined whether the applicant will be eligible to receive federal public assistance disaster funds. Applicants eligible to receive federal public assistance disaster funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to as the Stafford Act under 42 U.S.C. 5721 et seq., are not eligible to receive a state disaster relief fund public assistance grant. (b) The decision granting or denying, in whole or in part, the application for a state disaster relief fund public assistance grant shall be issued by the department in accordance with under the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7, the department shall conduct the resulting administrative proceeding matter will be transferred to the office of administrative law proceedings for assignment of an administrative law judge. (c) State disaster relief fund public assistance grants will be made in the following manner: as follows: (d) The state disaster relief fund public assistance grant will be is provided to a grantee on a reimbursement basis unless the applicant has applied for, and the department has approved, a working capital advance for the project. If the department does provide the grantee with a working capital advance for the project, any further payment of the grant funds shall be reimbursements of the grantee's actual disbursements. (e) To the extent a cost is identified in the department's state public assistance plan, the cost may only be covered at the rates contained in the department's state public assistance plan, as in effect on the date of the disaster. (f) Grants may only be awarded to cover an uninsured loss or a response cost. Sec. 6. Any Damage costs recouped or services or materials, or both, provided at no cost, such as any insurance settlements and donations of services or materials, will be considered in the evaluation of evaluating an application to ensure that a grant from the fund is not duplicating benefits received from other sources. The following are examples of benefits that must be identified on the application form: Sec. 7. Random Audits of grant awards may be conducted by or on behalf of the department when all eligible grant awards to public assistance applicants have been made. Audits of grant award application files and receipts may be conducted for a period of up to three (3) years after the grant award to verify approved use of grant funds. In addition, grant application files may be audited to ensure that an application was properly processed even if no a grant was not awarded to the applicant. Sec. 1. (a) The definitions in this section apply throughout this rule. (b) "Affected area" means the county or counties that are included in the USSBA United States Small Business Administration local disaster declaration declarations. (c) [Voided by P.L.70-2019, SECTION 2, effective April 24, 2019.] (d) (c) "Applicant" means any an individual who submits an application on behalf of a household for financial assistance under IC 10-14-4. (e) "Certification" means that part of the application where the applicant must certify that he or she is not engaging in any fraudulent conduct. (f) [Voided by P.L.70-2019, SECTION 2, effective April 24, 2019.] (g) (d) "Damage assessment" means a comprehensive assessment of all damages to include verifiable estimates of repair or replacement costs. (h) (e) "Department" means the Indiana department of homeland security established under IC 10-19-2-1. (i) (f) "Director" means the executive director of the department appointed under IC 10-19-3-1. (j) (g) "Disaster" has the meaning set forth in IC 10-14-3-1. (k) "Disaster response costs" means the additional expenses incurred by an eligible individual in removing damaged improvements, furnishings, and debris from the home site. The term also includes the costs incurred for state verification surveys for individual assistance conducted by the state or a local unit of government at the written direction of the department. (l) "Eligible items" means the following for individual assistance applicants: (m) "FEMA" means the United States Federal Emergency Management Agency. (n) "Individual disaster assistance program" means the program described in the provisions of IC 10-14-4-13. (o) "Nature of loss" means damage or loss of eligible items. (p) "Proof of loss" means documentation required as part of the application process described in section 2 of this rule and including, without limitation, one (1) or more of the following: (q) "Resident" means an individual renting, leasing, or owning real property that is their primary residence within the affected area at the time of a USSBA declared disaster. (r) (h) "Uninsured loss" means a financial loss to an eligible individual assistance claimant resulting from damage to an item or items in an available category under section 6 of this rule belonging to an applicant who receives no insurance recovery for the loss. The term does not include a deductible amount the insured applicant must pay before any insurance proceeds are paid. (s) "USSBA" means the United States Small Business Administration. (t) "USSBA declared disaster" means a disaster declaration only by the USSBA. (u) "USSBA disaster loan program" means the USSBA loan program operated pursuant to 15 U.S.C. 631 et seq. Sec 1.5. Individual assistance under the state disaster relief fund is open for applications once all the following occur: Sec. 2. (a) Eligible individuals and families suffering damages shall may apply for individual disaster assistance program financial assistance. as follows: To apply, the applicant must meet the following requirements: (b) The decision granting or denying, in whole or in part, the application for individual disaster assistance program financial assistance shall be issued by the department in accordance with under the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7, the department shall conduct the resulting administrative proceeding. matter will be transferred to the office of administrative law proceedings for assignment of an administrative law judge. (c) Individual disaster assistance program financial assistance amounts shall be determined based upon on the receipts or repair estimates supplied by the applicant. (d) The total amount of individual assistance for any disaster shall be limited to forty percent (40%) of the available balance in the state disaster relief fund as of the date of the USSBA disaster declaration identified under 290 IAC 1-1-2.5(c)(1), and awards for individual assistance are apportioned using the method described in 290 IAC 1-1-2.5(c)(2) and may not exceed the statutory limit set in IC 10-14-4-14. Sec. 4. (a) Inspections of the property that is the subject of the a financial assistance application may be made by an inspector employed by, or authorized to act on behalf of, the department to verify the following: (b) Verification of medical costs described in subsection (a)(6) shall consist of written verification from the physician who prescribed or recommended the medical equipment or device. (c) (b) Financial assistance found by the department to have been spent for a purpose other than the specific purpose for which the financial assistance was made: Sec. 5. Random Audits of financial assistance may be conducted by or on behalf of the department when all eligible financial assistance to individual assistance applicants has been made, and all appeals are each appeal is final. Audits of financial assistance application files and receipts may be conducted for a period of up to three (3) years after the award of financial assistance is awarded to verify the approved use of financial assistance funds. In addition, financial assistance application files may be audited to ensure that an application was properly processed even if no financial assistance was not awarded to the applicant. Sec. 6. (a) Individual financial assistance is available for the repair of, replacement of, restoration of, repairing, replacing, restoring, or actions relating to the following categories of damages to disaster damaged property owned or rented by an eligible applicant and occurring at their primary residence: (b) An individual or a household may determine how financial assistance is to be allocated among eligible items when the value of the damage or loss to more than one (1) of the eligible items equals or exceeds the total amount of the financial assistance. (b) (c) Individual financial assistance shall not be used for costs of any of the following: (c) In accordance with IC 10-14-4-5, the state disaster relief fund is available to allow the department to pay for disaster response costs. (d) Nothing in this title shall be construed as limiting the department's authority to pay for disaster response costs under IC 10-14-4-5(a)(2). Sec. 7. Duplication of benefits is prohibited. Any Damage costs recouped or services or materials, or both, provided at no cost, such as any insurance settlements or donations of services or materials, will be considered in the evaluation of evaluating an application to ensure that financial assistance from the fund is not duplicating benefits received from other sources. The following are examples of benefits that must be identified on the application form: Sec. 1. The state disaster relief fund mitigation program is established to provide disaster mitigation funding to: Sec. 2. (a) The state disaster relief fund may only be used to support mitigation projects if: (b) Mitigation funds awarded under subsection (a)(1) are not in addition to the statutory caps set for the individual or public assistance programs, and serve only to expand the purpose for which the funds may be used. Sec. 3. (a) This section applies to the competitive mitigation project funding program identified in section 2(a)(2) of this rule. (b) Money set aside for the program that is not awarded is considered to revert back to the state disaster relief fund for any other applicable use as of the date following the date when determinations are made, or an earlier date as identified by the director. (c) Except as otherwise provided in this title, award decisions under the competitive program are left to the sole discretion of the department. The decision granting or denying, in whole or in part, the application for funding shall be issued by the department under the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7, the matter will be transferred to the office of administrative law proceedings for assignment of an administrative law judge. (d) As a condition of accepting an award under this program, the applicant consents to audits and inspections by or on behalf of the department for any reasonable purpose related to the award for a period of up to three (3) years after the award is made or the agreed upon project is completed, whichever is later. (e) Monies found to have been spent for a purpose other than the specific purpose for which the award was made, are refunded to the department by the applicant and returned to the state disaster relief fund. The department may seek reimbursement for all costs associated with collecting the improperly spent financial assistance.