(A) Moneys
collected and accumulated by the commission under rule
3750-50-03
of the Administrative Code in excess of five million dollars during a state
fiscal year shall be credited to the "Emergency Planning and Community
Right-To-Know Reserve Fund" (hereinafter referred to as "Reserve Fund") created
in section
3750.14 of the Revised Code. The
commission shall administer the reserve fund.
(B) If moneys accumulate in the reserve fund
is in excess of three million dollars during any state fiscal year, the
treasurer of the state of Ohio shall refund those excess moneys at the end of
the state fiscal year on a pro rata basis to the owners or operators of
facilities who paid filing fees under rule
3750-50-01
of the Administrative Code.
(C) If,
in any state fiscal year, less than five million dollars is credited to the
fund under rule
3750-50-03
of the Administrative Code, the director of budget and management, upon the
certification of the commission, may transfer up to fifty per cent of the
moneys in the reserve fund to the fund.
The director of budget and management shall transfer only such
amounts as are necessary to ensure all budgetary requirements of the fund are
met, provided that expenditures from the fund shall not exceed five million
dollars during any state fiscal year.
(D) Fifty per cent of the moneys in the
reserve fund shall be used for the grant program provided under paragraph (E)
of rule
3750-50-10
of the Administrative Code and fifty per cent of the moneys shall remain in
reserve for purposes of paragraph (F) of this rule.
(E) The commission may make grants from the
reserve fund to the commission, state agencies represented on the commission,
committees and the fire departments. No more than twenty-five per cent of the
moneys available for grants during any state fiscal year shall be available to
the commission.
(F) The commission
may make grants to the commission, state agencies represented on the
commission, committees, and the fire departments for
the following:
(1)
The development and implementation of chemical emergency response and
preparedness plans
;
.
(3) Data
management;
(4) Performance of
hazard analysis and vulnerability studies for purposes of developing or
revising their plans
;
.
(5) The
acquisition of first response equipment.
(G) Moneys shall be awarded to the committees
and fire departments for advanced training, data management, performing of
hazard analysis and vulnerability studies, or the acquisition of first response
equipment only when expenditures for those purposes are identified as being
needed in the chemical emergency response and preparedness plan of the
emergency planning district prepared pursuant to section
3750.04 of the Revised Code or
in the most recent review of the plan conducted under division (C) of that
section.
(H) Moneys awarded under
this rule shall not be used to do either of the following:
(1) Reimburse any person for expenditures
incurred for emergency response and cleanup of a release of oil, a hazardous
substance, or an extremely hazardous substance
;
.
(2) To perform any assessment of damages to
natural resources resulting from release of oil, hazardous substance, or an
extremely hazardous substance.
(I) Grant moneys awarded to the commission
under this rule may be expended, by contract, to support the participation of
any state agency in chemical emergency response planning and training or to
acquire first response equipment for any state agency whose needs have been
identified in the state emergency response plan prepared under division (B)(13)
of section
3750.02 of the Revised Code.
The state agency receiving moneys under this rule shall provide
the required matching funds as established in rule
3750-50-25
of the Administrative Code from moneys available to the agency other than those
received under rule
3750-50-10
of the Administrative Code.
Notes
Ohio Admin. Code
3750-50-20
Five Year Review (FYR) Dates:
3/17/2021 and
03/17/2026
Promulgated
Under:
119.03
Statutory Authority:
3750.02
Rule Amplifies:
3750.15
Prior Effective Dates: 02/22/1990 (Emer.), 06/30/1990, 06/05/2006,
10/29/2011, 11/18/2017
Effective: 11/18/2017
Five Year
Review (FYR) Dates: 8/1/2017 and
08/01/2022
Promulgated
Under: 119.03
Statutory
Authority: 3750.02(B)(7)
Rule Amplifies:
3750.15
Prior
Effective Dates: 2/22/90 (Emer.), 6/30/90, 6/5/06,
10/29/11