No. 38704 (Repeal and Reenact): Rule R704-1. Search and Rescue Financial Assistance Program

(Repeal and Reenact)

DAR File No.: 38704
Filed: 07/22/2014 09:24:19 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to set forth the procedures for obtaining reimbursement from the program for costs and expenses related to search and rescue activities in accordance with Title 53, Chapter 2, Part 11.

Summary of the rule or change:

Rule R704-1 sets forth the process whereby the Division of Emergency Management (DEM) administers the Search and Rescue (SAR) Financial Assistance Program. The proposed repeal and reenactment of Rule R704-1 still sets forth the process whereby DEM administers the SAR program, but adds clarification in regard to the procedures for obtaining reimbursement from the program for costs and expenses related to SAR activities. Specifically, the repeal and reenactment: updates statutory references; provides a clearer definition of SAR incident, SAR activity and maintenance; updates reimbursement applications procedures and timeframes; and clarifies what items are considered incidental to SAR activities.

State statutory or constitutional authorization for this rule:

• Section 53-2a-1102

Anticipated cost or savings to:

the state budget:

The changes to Rule R704-1 are procedural and administrative in nature and are not anticipated to have a cost or savings impact on the state budget.

local governments:

The changes to Rule R704-1 are procedural and administrative in nature and are not anticipated to have a cost or savings impact on local government.

small businesses:

The changes to Rule R704-1 are procedural and administrative in nature and are not anticipated to have a cost or savings impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

The changes to Rule R704-1 are procedural and administrative in nature and are not anticipated to have a cost or savings impact on persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The changes to Rule R704-1 are procedural and administrative in nature and are not anticipated to contribute to any change in compliance costs for any of the affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rules and have found there to be no anticipated fiscal impact on businesses.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Emergency Management
Room 1110 STATE OFFICE BUILDING
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Jerrianne Kolby at the above address, by phone at 801-209-7513, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/15/2014

This rule may become effective on:

09/22/2014

Authorized by:

Kris Hamlet, Director

RULE TEXT

R704. Public Safety, Emergency Management.

[R704-1. Search and Rescue Financial Assistance Program.

R704-1-1. Authority.

This rule is authorized under Section 53-2-107 which requires the Division of Emergency Management to administer the Search and Rescue Financial Assistance Program, and, with the approval of the Search and Rescue Advisory Board, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

 

R704-1-2. Definitions.

Terms used in this rule shall be defined as follows:

(1) "Adjusted reimbursable expenses" means reimbursable expenses which have been adjusted by application of the formula set forth in Section R704-1-7.

(2) "Board" means the Search and Rescue ("SAR") Advisory Board created in Section 53-2-108.

(3) "Expense monies" means money in the SAR Fund used primarily to reimburse expenses under the program.

(4) "Outstanding reimbursable expenses" means the difference, after the first review, between a county's adjusted reimbursable expenses and its reimbursable expenses.

(5) "Program" means the Search and Rescue Financial Assistance Program.

(6) "Reimbursable expenses" means those expenses incidental to SAR activities, determined by the board to be reasonable under Section R704-1-6, for rental of fixed wing aircraft, helicopters, snowmobiles, boats and generators, and other equipment or expenses necessary or appropriate for conducting SAR activities. These expenses do not include any salary or overtime paid to any person on a regular or permanent payroll, including permanent part-time employees, of any agency or political subdivision of the state.

(7) "Reimbursable replacement costs" means those costs incidental to SAR activities determined by the board to be reasonable under Section R704-1-6, for replacement and upgrade of SAR equipment.

(8) "Reimbursable training costs" means those costs incidental to SAR activities determined by the board to be reasonable under Section R704-1-6, for training of SAR volunteers.

(9) "Reimbursement cap" means an artificial limit on the amount of reimbursement allowed to a county on first review of its application as determined by the board pursuant to Section R704-1-6B.

(10) "Replacement monies" means money in the SAR Fund used primarily to reimburse replacement costs under the program.

(11) "SAR Fund" means all funds generated under the Search and Rescue Financial Assistance Program.

(12) "Training monies" means money in the SAR Fund used primarily to reimburse training costs under the program.

 

R704-1-3. Purpose.

The purpose of this rule is to set forth the process whereby the Division of Emergency Management administers the Search and Rescue Financial Assistance Program in accordance with Title 53, Chapter 2, Part 1, "Emergency Management Act," as amended.

 

R704-1-4. Application Process.

(1) It is the purpose of this section to set forth the procedure for obtaining reimbursements of SAR costs and expenses from the program in accordance with Title 53, Chapter 2, Part 1.

(2) As soon as possible after each incident, but no later than March 31 of each year, each county sheriff seeking reimbursement of SAR costs and expenses under the program which were incurred during the first half of that fiscal year, shall submit to the director a separate application package for each SAR incident. The application package shall include:

(a) a completed "Utah Search and Rescue Financial Assistance Application" form provided by the division; and

(b) all receipts and other documentation supporting the costs and expenses.

(3) Not later than May 1 of each year, the board shall review all timely submitted applications, apply the formula set forth below, and determine a fair and equitable distribution of all monies then available in the fund.

(4) As soon as possible after each incident, but not later than July 20 of each year, each county sheriff seeking reimbursement of SAR costs and expenses under the program which were incurred during the second half of the previous fiscal year, shall submit to the director a separate primary application package for each SAR incident.

(5) Not later than July 31 of each year, the board shall review all timely submitted applications, apply the formula set forth in Section R704-1-5 below, and determine a fair and equitable distribution of all monies available in the fund at the close of the previous fiscal year.

 

R704-1-5. Distribution Process - Division Responsibilities.

(1) Prior to the time the board meets to determine distribution, the division shall organize all applications and shall provide them to the board, along with the following information required under Subsection 53-2-107(7)(c):

(a) the total amount of SAR funds available in the program from the first half of the fiscal year for applications received prior to April 1; and from the second half of the fiscal year for applications received prior to October 1. One-half of the money appropriated by the legislature as dedicated credit for the program shall be available for each application period;

(b) the total costs and expenses requested by each county;

(c) the total number of SAR incidents occurring per each county population. Said information shall be presented in the form of a ratio (i.e., 1 incident per 500 residents, written as 1:500);

(d) the number of victims residing outside of the subject county. Said information shall be presented in the form of a percentage (i.e., if 10 out of 20 victims resided outside of the county, it would be presented to the board as 50%);

(e) the number of volunteer hours spent in each county in emergency response and SAR related activities per county population. This information shall be presented in the form of a ratio (i.e., 1 volunteer hour per 25 residents, written as 1:25); and

(f) which applications were received after the deadline.

 

R704-1-6. Distribution Process - Determination of Reimbursable Expenses and Reimbursement Caps.

(1) Upon meeting to determine distribution, the board shall first make a determination which costs and expenses sought are reimbursable expenses under the program. In so determining, the board shall consider whether the costs and expenses are:

(a) reasonable in light of the types of services and equipment provided and the existing market value of services and equipment;

(b) incidental to SAR activities;

(c) excludable as salary or overtime pay; and

(d) necessary or appropriate for conducting the type of SAR operations for which reimbursement is sought. For example, Wasatch County might apply for a total of $45,000 for costs and expenses, but the board could determine that only $40,000 met the criteria of reimbursable expenses.

(2) After determining the amount of reimbursable expenses for each county, the board shall determine reimbursement caps to provide a fair distribution of monies available in the fund:

(a) if the total amount of reimbursable expenses is less than the amount available in the fund, the board shall award each county the amount determined to be a reimbursable expense;

(b) if the total amount of reimbursable expenses is more than the amount available in the fund, the board shall apply the following formula in determining reimbursement caps:

(i) from the total amount available in the fund for the subject application period, the board shall first set aside an amount of 10% for replacement costs, and 10% for training costs. For example, if $280,000 were available, $28,000 would be set aside as replacement monies, and $28,000 would be set aside as training monies, leaving an available balance of $224,000;

(ii) from the remaining 80% of available funds, the board shall calculate reimbursement caps per county by dividing the available amount equally between the 29 counties. Using the above example, if $224,000 were available, a first review maximum of $7,724.14 would be available for each county. To determine how much of that maximum will be awarded, the board shall determine the adjusted reimbursable expenses based on the formula set forth in Section R704-1-7.

 

R704-1-7. Formula for Determining Adjusted Reimbursable Expenses.

(1) For the purpose of determining a fair and equitable distribution of monies available in the fund, on its first review of applications, the board shall adjust the amount of equitable expenses each county will be awarded by applying the following point system formula:

(a) to award full payment of a county's reimbursable expenses, the county would have to achieve all of the 100 percentage points possible. The formula is based on the criteria set forth in Subsection 53-2-107(7)(c). By applying this formula, the board shall determine adjusted reimbursable expenses by calculating a percentage point value for each county, and shall then award each county that percent of their reimbursable expenses up to the reimbursement cap set under Section R704-1-6. In calculating the percentage, the following point totals are possible:

(i) each county which submits its application packages on time shall receive 25 points;

(ii) there shall be a possible 25 points based on the number of SAR incidents occurring per county population;

(iii) there shall be a possible 25 points based on the percentage of victims residing outside of the subject county; and

(iv) there shall be a possible 25 points based on the number of volunteer hours spent in each county in emergency response and SAR related activities per county population.

(b) The following ratios shall determine the points awarded based on the number of SAR incidents occurring per county population:

(i) 5 points if the ratio is greater than 1:1000 but less than 1:750;

(ii) 10 points if the ratio is equal to or greater than 1:750 but less than 1:500;

(iii) 15 points if the ratio is equal to or greater than 1:500 but less than 1:250;

(iv) 20 points if the ratio is equal to or greater than 1:250 but less than 1:100;

(v) 25 points if the ratio is equal to or greater than 1:100.

(c) The following ratios shall determine the points awarded based on the percentage of victims residing outside of the subject county:

(i) 5 points if up to 20% of the victims are from outside the county;

(ii) 10 points if between 20% and 40% of the victims are from outside the county;

(iii) 15 points if between 40% and 60% of the victims are from outside the county;

(iv) 20 points if between 60% and 80% of the victims are from outside the county;

(v) 25 points if more than 80% of the victims are from outside the county.

(d) The following ratios will determine the points awarded based on the number of volunteer hours spent in each county in emergency response and SAR related activities per county population:

(i) 5 points if the ratio is greater than 1:100 but less than 1:50;

(ii) 10 points if the ratio is equal to or greater than 1:50 but less than 1:25;

(iii) 15 points if the ratio is equal to or greater than 1:25 but less than 1:10;

(iv) 20 points if the ratio is equal to or greater than 1:10 but less than 1:5;

(v) 25 points if the ratio is equal to or greater than 1:5.

(e) The total awarded points shall be multiplied by the reimbursable expenses to determine the adjusted reimbursable expenses for each county. For example, if the board awarded 85 points to Wasatch County, the $40,000 in reimbursable expenses would be adjusted to $34,000 ($40,000 x .85). Since the cap is $7,724.14, Wasatch County would be entitled to only that amount on first review. However, on second review it could receive some or all of the remaining $32,275.86.

 

R704-1-8. Second Review of Applications.

(1) When, after the first review and determination of the adjusted reimbursable expenses for each county, reduced as necessary to the reimbursement caps, there are expense funds remaining from that half of the fiscal year, the board shall throw out the reimbursement caps, and determine distribution as follows:

(a) when there are enough expense funds remaining to cover the outstanding reimbursable expenses of all counties, the board shall reimburse those amounts;

(b) when there are not enough expense funds to pay the outstanding reimbursable expenses, the board shall apply the same percentage point value established for each county under Section R704-1-7 to the outstanding reimbursable expenses. When there are enough expense monies remaining to cover all adjusted reimbursable expenses, the board shall reimburse those amounts;

(c) when there are not enough expense monies to cover all adjusted reimbursable expenses, the board shall determine by majority vote how the remaining expense funds are to be distributed among the counties.

(2) In so ruling, the board shall give consideration to the equities sought to be established by the percentage point values determined under the forgoing formula.

(3) The board may, by a majority vote, elect to utilize reimbursement and training monies to cover reimbursable expenses.

 

R704-1-9. Reimbursement of Replacement Costs.

(1) When determining distribution of any excess expense monies,these monies may be added to the funds set aside for reimbursement of replacement and upgrade of SAR equipment under Subsection 53-2-107(1)(b).

(2) The board shall then make a determination which replacement costs sought are reimbursable under the program. In so determining, the board shall consider whether these costs are:

(a) reasonable in light of the type and extent of replacement or upgrade sought and in light of the existing market value of costs;

(b) reasonably related to or caused by the utilization of the subject equipment in SAR activities; and

(c) not considered an unjust or improper enrichment of the owner of the subject equipment.

(3) The board shall then apply the same percentage point value established for each county under Section R704-1-7 to the replacement costs determined by the board to be reimbursable. When there are enough replacement monies to cover all reimbursable replacement costs, the board shall reimburse those amounts.

(4) When there are not enough replacement monies to cover all reimbursable replacement costs, the board shall determine by majority vote how the remaining replacement monies are to be distributed among the counties.

(a) In so ruling, the board shall give consideration to the equities sought to be established by the percentage point values determined under Section R704-1-7.

(b) The board may, by a majority vote, elect to utilize any training monies and remaining expense monies to cover replacement costs.

 

R704-1-10. Reimbursement of Training Costs.

(1) After determining distribution of expense and replacement monies, there are funds remaining, they may be added to the monies set aside for reimbursement of training costs under Subsection 53-2-107(1)(c).

(2) The board shall then make a determination which training costs sought are reimbursable under the program. The board shall consider whether these costs are:

(a) reasonable in light of the type and extent of training and the existing market value of costs;

(b) reasonably related to the training of SAR volunteers; and

(3) excludable as salary or overtime pay to instructors.

(a) The board shall then apply the same percentage point value established for each county under Section R704-1-7 to the training costs determined by the board to be reimbursable. When there are enough training monies to cover all reimbursable training costs sought, the board shall reimburse those amounts.

(b) When there are not enough training monies to cover all reimbursable training costs, the board shall determine by majority vote how the remaining training monies are to be distributed among the counties.

(i) The board shall give consideration to the equities sought to be established by the percentage point values determined under Section R704-1-7.

(ii) The board may, by a majority vote, elect to utilize any remaining expense and replacement monies to cover training costs.

(4) The board may also elect to carry over any monies remaining from the first half of the fiscal year to the second half. However, on review of the applications from the second half of the fiscal year, the board shall, pursuant to Subsection 53-2-109(1)(e), award all program monies remaining in the fund for that fiscal year.]

R704-1. Search and Rescue Financial Assistance Program.

R704-1-1. Purpose.

The purpose of this rule is to set forth the procedures for obtaining reimbursement from the program for costs and expenses related to SAR activities in accordance with Title 53, Chapter 2, Part 11.

 

R704-1-2. Authority.

This rule is authorized by Section 53-2a-1102 which requires the division, with the approval of the board, to make rules for the administration of the program.

 

R704-1-3. Definitions.

(1) Terms used in this rule include those found in Section 53-2a-1102.

(2) In addition:

(a) "board" means the Search and Rescue Advisory Board created in Section 53-2a-1103;

(b) "division" means the Utah Department of Public Safety, Division of Emergency Management created in Section 53-2a-103;

(c) "eligible expense" means the costs and expenses related to SAR activities that the board has determined are reimbursable expenses under Subsection 53-2a-1102(1) and are eligible for reimbursement from the program;

(d) "equipment" means items used by SAR personnel while conducting SAR activities;

(e) "maintenance" means materials and services that keeps equipment functional and continue its service life;

(f) "program" means the Search and Rescue Financial Assistance Program;

(g) "SAR" means search and rescue;

(h) "SAR activity" means all activities related to search and rescue including SAR training, the purchase or upgrade of SAR equipment, and the deployment to a SAR incident;

(i) "SAR incident" means an incident, not associated with criminal or law enforcement activity, for which a search and rescue team are deployed to search for and rescue victims;

(j) "training" means instruction that teaches or enhances skills directly related to SAR; and

(k) "upgrade" means materials and services that enhance the function of equipment.

 

R704-1-4. Application Process.

(1) A county seeking reimbursement for SAR costs and expenses paid by it for search and rescue activities shall submit a separate application packet for each SAR activity to the division.

(2) The application packet shall be submitted within 45 days from the date of a SAR activity in order to be considered timely.

(a) If the SAR activity occurred within 45 days prior to July 1st and the county anticipates that it will submit the application packet after July 1st, then the county shall submit a Notice to Seek Reimbursement form as soon as possible after the SAR activity.

(3) The application packet shall include:

(a) a completed Utah Search and Rescue Financial Assistance Application Form provided by the division; and

(b) documentation showing the costs and expenses paid by the county, including copies of invoices, checks, and receipts.

(i) If a county is unable to obtain a receipt or invoice within the 45 day application packet due date, then that period may be extended an additional 45 days. The county shall provide written notification in the application packet that it has been unable to obtain the receipt or invoice.

(4) The county sheriff shall sign the application with an original signature. A designee may sign the application in place of the sheriff in extenuating circumstances that shall be documented to the division.

 

R704-1-5. Review Process.

(1) The board shall meet as required in Section 53-2a-1104 to review the application packets which have been received by the division and determine whether the costs and expenses sought are eligible for reimbursement from the program.

(2) When making this determination, the board shall consider whether the costs and expenses sought are:

(a) reasonable in light of the type of services or equipment provided;

(b) reasonable in light of the market value for the services or equipment provided;

(c) excludable as salary or overtime pay;

(d) necessary or appropriate for conducting the type of SAR activity for which reimbursement is sought;

(e) reasonably related to or caused by the utilization of the subject equipment in SAR activities;

(f) an unjust or improper enrichment of the owner of the subject equipment; and

(g) incidental to SAR activities:

(i) food is an eligible expense if used exclusively for SAR activities. If food is used for a specific SAR activity, it shall be considered an expense related to the activity. If food is purchased to restock supplies, it shall be considered an equipment purchase;

(ii) clothing is an eligible expense if it marks and readily identifies the wearer as SAR personnel or is an outer garment that serves a specialized function;

(iii) fuel is an eligible expense if used exclusively for SAR activities;

(iv) mileage is an eligible expense in place of fuel reimbursement if the miles driven were exclusively for a SAR activity. The county shall provide documentation that justifies the mileage reimbursement requested;

(v) membership fees to SAR-related organizations is not an eligible expense; and

(vi) equipment maintenance is not an eligible expense.

 

R704-1-6. Distribution Process.

(1) After the conclusion of the fiscal year, the board shall meet to consider the following information for the prior fiscal year:

(a) the total amount of money available in the program;

(b) each county's eligible expenses;

(c) the total number of SAR incidents which occurred per each county population, described in the form of a ratio;

(d) the number of victims residing outside of each county, described in the form of a percentage;

(e) the number of volunteer hours spent in each county in emergency response and SAR activities per county population, described in the form of a ratio; and

(f) which applications were received in a timely manner.

(2) The following formula shall be applied to the eligible expenses to determine a fair and equitable distribution of money from the program:

(a) if the total amount of eligible expenses is less than the amount of money available in the program, all of the eligible expenses shall be reimbursed from the program; and

(b) if the total amount of eligible expenses is more than the amount of money available in the program, the eligible expenses shall be divided into the following categories and be reimbursed in the order in which they appear:

(i) costs and expenses related to SAR incidents;

(ii) SAR-related training; and

(iii) the purchase or upgrade of SAR equipment.

(3) If there is an insufficient amount of money available in the program to cover the eligible expenses in any one of the listed categories, the amount of money remaining in the program shall be divided by the total number of counties.

(4) A county may receive a percentage of the money that is allocated to each county as determined by calculating a percentage from the following point totals:

(a) each county shall receive up to 25 points for the timely submission of application packets, with one point to be deducted for each late application;

(b) each county may receive up to 25 points, based on the number of SAR incidents occurring per county population as determined by the following ratios:

(i) 5 points if the ratio is less than 1:750;

(ii) 10 points if the ratio is equal to or greater than 1:750 but less than 1:500;

(iii) 15 points if the ratio is equal to or greater than 1:500 but less than 1:250;

(iv) 20 points if the ratio is equal to or greater than 1:250 but less than 1:100; and

(v) 25 points if the ratio is equal to or greater than 1:100;

(c) each county may receive up to 25 points based on the percentage of victims residing outside of the subject county as determined by the following percentages:

(i) 5 points if the percentage is less than 20%;

(ii) 10 points if the percentage is 20% or greater but less than 40%;

(iii) 15 points if the percentage is 40% or greater but less than 60%;

(iv) 20 points if the percentage is 60% or greater but less than 80%; and

(v) 25 points if the percentage is 80% or greater; and

(d) each county may receive up to 25 points based on the number of volunteer hours spent in each county in emergency response and SAR activities per county population as determined by the following ratios:

(i) 5 points if the ratio is greater than 1:100 but less than 1:50;

(ii) 10 points if the ratio is equal to or greater than 1:50 but less than 1:25;

(iii) 15 points if the ratio is equal to or greater than 1:25 but less than 1:10;

(iv) 20 points if the ratio is equal to or greater than 1:10 but less than 1:5; and

(v) 25 points if the ratio is equal to or greater than 1:5.

(5) The formula in this rule shall be applied to each of the categories until the amount of money left in the program makes it impractical to continue.

(6) The remaining money in the program shall be used to:

(a) cover the board's costs and expenses; and

(b) reimburse eligible expenses in the next fiscal year.

 

KEY: search and rescue, financial reimbursement, expenses

Date of Enactment or Last Substantive Amendment: [August 19, 1999]2014

Notice of Continuation: July 29, 2009

Authorizing, and Implemented or Interpreted Law: 53-2a-[107]1102

 

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