Md. Code Regs. 26.26.01.03

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.26.01.03 - General Provisions

A. The Fund is generated by assessing annual fees on facilities that are required to report to the State or its instrumentalities under the Federal Act. The Fund is intended for use by the Department and LEPCs to cover the costs of fulfilling the duties and responsibilities of the federal Act.

B. The Department will award grants to LEPCs, by using the Fund allocation requirements set forth in Regulation .08 of this chapter.

C. The Department may consider a distribution plan in determining the amount of funding for each LEPC.

D. Within 60 days of the beginning of each calendar year, the Department shall allocate, through grants, 50 percent of the current calendar year revenues, plus 100 percent of any local government reversions from prior calendar years, minus $25,000 for administrative costs to LEPCs.

E. Grant allocations shall be as specified under Regulation .08B of this chapter.

F. The authority to distribute local government allocations of the Fund may be delegated to the SERC by the Department.

G. Each LEPC that receives grant money from the Fund shall provide an annual report to the Department documenting the manner in which the money was spent.

H. An LEPC shall spend the money provided by the grant for activities under Regulation .06 of this chapter or for any other activity the Department determines is consistent with the purposes of this chapter.

I. Money allocated to an LEPC under this chapter that is not used by the LEPC by the end of the authorized grant year shall be remitted to the fund and shall be reallocated by the Department.

J. After reasonable notice, the Secretary may require an LEPC to provide the Department with information or documentation relating to money expended by the LEPC under this chapter.

K. The Secretary may require an independent audit of any LEPC that is not found to be in compliance with this chapter.

L. The Secretary may recover any inappropriate expenditure made by an LEPC from the Fund.

M. The Secretary may withhold a part or all of the funding allocation of any LEPC that inappropriately expended funds or has not expended all the Fund in a prior year.

Md. Code Regs. 26.26.01.03