DEPARTMENT OF STATE POLICE

                       EMERGENCY MANAGEMENT DIVISION

              STATE ASSISTANCE TO COUNTIES AND MUNICIPALITIES


(By authority conferred on the director of the department of state  police by 
section 19 of Act No. 390 of the Public  Acts  of  1976,  as  amended,  being 
S30.419 of the Michigan Compiled Laws)


R  30.51   Definitions.
  Rule 1. As used in these rules:
  (a) "Act" means Act No. 390 of the Public  Acts  of   1976,   as   amended, 
being S30.401 et seq. of the Michigan Compiled Laws.
  (b) "Applicant" means a county or municipality of the state that submits an 
application for a grant pursuant to the provisions of section 19 of the act.
  (c) "Applicant's  agent"  means  a  person  who  is   authorized   by   the 
governing body of an applicant to  act  on  behalf  of   the   applicant   in 
applying for grants pursuant to the provisions of section 19 of  the  act.
  (d) "Division" means the emergency management division of the department of 
state police.
  (e) "Emergency management program" means any of the following:
  (i) A program of a county or a combination of not more  than  3   adjoining 
counties, as provided for in the  act,  that  has  all   of   the   following 
elements:
  (A) An emergency management coordinator who is appointed  pursuant  to  the 
provisions of section 9 of the act.
  (B) An ordinance or resolution  that  creates   an   emergency   management 
organization to provide for disaster  mitigation,   preparedness,   response, 
and recovery activities.
  (C) An emergency operations plan which  is  approved   by   the   division, 
which is on file with the division, and which is in   compliance   with   the 
standards set forth in R 30.52.
  (D) An exercise that tests the emergency operations plan  at   least   once 
each fiscal year (October 1 to September 30).
  (E) An annual local emergency management work  agreement   form   that   is 
filed with, and approved by, the division.  This  agreement   shall,   at   a 
minimum, identify the actions to  be  taken  to   improve   the   mitigation, 
preparedness, response, and recovery activities of the county.
  (F) Designated personnel to staff the   emergency/disaster   functions   as 
identified in the emergency operations plan.
  (ii) With respect to a municipality that has a population  of   10,000   or 
more persons, a program that has all of the following elements:
  (A) An emergency management coordinator who is appointed  pursuant  to  the 
provisions of section 9 of the act.
  (B) An ordinance or resolution  that  creates   an   emergency   management 
organization to provide for disaster  mitigation,   preparedness,   response, 
and recovery activities.
  (C) An approved emergency operations plan which  is  on   file   with   the 
division and which is in compliance with the  standards  set   forth   in   R 
30.52.
  (D) An exercise that tests the emergency operations plan  at   least   once 
each fiscal year (October 1 to September 30).
  (E) An annual local emergency management work  agreement   form   that   is 
filed with, and approved by, the division.  This  agreement   shall,   at   a 
minimum, identify the actions to  be  taken  to   improve   the   mitigation, 
preparedness, response, and recovery activities of the municipality.
  (F) Designated personnel to staff the   emergency/disaster   functions   as 
identified in the emergency operations plan.
  (iii) A municipality which has a population of 10,000   or   more   persons 
and which has incorporated into the county emergency  management  program.  A 
municipality shall be  considered  to  be  incorporated   into   the   county 
emergency management program if the municipality has  a   support   emergency 
operations plan that meets the following criteria:
  (A) The support emergency operations  plan   describes   the   relationship 
between the county emergency management program and the municipality.
  (B) The support emergency operations plan  identifies  the   municipality's 
response procedures in relation to the county response procedures.
  (C) The  support  emergency  operations  plan  shall   be   maintained   in 
accordance with the standards of currentness  of   the   county's   emergency 
operations plan and shall be consistent with the county plan.
  (D) The support emergency operations plan shall contain  the  signature  of 
the chief executive official of the municipality and be  forwarded   to   the 
county.
  (iv) A county emergency management program that  incorporates,   into   the 
program, a municipality which has a population that is   less   than   10,000 
persons  and  which  does  or  does  not  have   an   emergency    management 
coordinator. If a municipality meets the criteria of  this  subdivision,  the 
municipality is considered to be incorporated into   the   county   emergency 
management program.
  (f) "Emergency operations plan" means the emergency operations plan that is 
developed and maintained  according   to   standards   established   by   the 
division.
  (g) "Support emergency operations plan" means  a  plan   developed   by   a 
municipality that  has  elected  to  be  incorporated   within   the   county 
emergency management program. The support emergency  operations   plan   will 
become  part  of  the  county  emergency  operations  plan   and   shall   be 
compatible with the county plan.

  History:  1994 AACS.


R  30.52   Emergency operations plan standards.
  Rule 2. (1) A county  or  municipality  shall   continuously   update   its 
emergency operations plan. The chief executive official  shall   review   and 
approve the emergency operations plan by signing and dating the  document.
  (2) An emergency operations plan shall be reviewed and  be  determined,  by 
the division, to be current and adequate. A current plan is a plan that is in 
compliance with  federal  emergency  management  requirements.  An   adequate 
emergency operations plan is one that is determined to   be   in   compliance 
with  the  planning  requirements  contained  in  forms   provided   by   the 
division.
  (3) Plans that are determined  to  be  current  and   adequate   shall   be 
approved by the division and placed on file.

  History:  1994 AACS.


R  30.53   Assistance eligibility.
  Rule 3. (1) An applicant that applies for  assistance   pursuant   to   the 
provisions of section 19 of the  act  shall  meet  all   of   the   following 
eligibility requirements:
  (a) Maintain an emergency management program or be  incorporated   into   a 
county  emergency  management  program  that  is   established   before    an 
emergency or disaster, as defined in the act, is declared.
  (b) The applicable emergency operations plan shall have been implemented in 
a timely manner at the beginning of the disaster or emergency.
  (c) Certify the exhaustion of local effort. Exhaustion  of   local   effort 
means utilizing all available and applicable  disaster   relief   forces   as 
identified  in  the  emergency  operations  plan   and   applicable   support 
emergency operations plan.
  (d) Experience an extraordinary financial burden. During  the   period   of 
emergency  or  disaster,   extraordinary   financial    burden    shall    be 
demonstrated by the applicant's incurring  expenses,   over   a   consecutive 
5-day period, for the allowable expenditures specified in R  30.56,   in   an 
amount that is not less than $30,000.00 or 1% of  the  applicant's   affected 
agencies' annual general fund operating budget, whichever is less.
  (e) Conduct an assessment of damages that are incurred in  the  disaster or 
 emergency  and  forward  an   assessment   report   to   the   division   in 
accordance with standard procedures as published by the division.
  (2) In addition to the requirements specified in  subrule   (1)   of   this 
rule, to be eligible for assistance, a local state of  emergency  shall  have 
been declared for the applicant's area in a timely manner. A  copy   of   the 
declaration shall have been immediately forwarded to the  division   by   the 
most expeditious method available.

  History:  1994 AACS.


R  30.54   Application process.
  Rule 4. After the governor's declaration of a disaster  or   an   emergency 
and within 20 days of notification that applications are  being  accepted, an 
applicant shall do both of the following:
  (a) Provide a resolution that certifies all of the following:
  (i) That the  county  or  municipality  emergency   operations   plan   was 
implemented.
  (ii) The purpose for which the assistance is being requested.
  (iii) That local efforts were exhausted.
  (iv) That an extraordinary financial burden was experienced.
  (v) The name of the applicant agent who is appointed to act  for   and   on 
behalf of the applicant.
  (b)  Complete  form  EMD-19  entitled  "Application    for    Section    19 
Assistance" and submit the application to the division.

  History:  1994 AACS.


R  30.55   Review process.
  Rule 5. Upon receipt of the resolution and form EMD-19   specified   in   R 
30.54, the division shall, within 15 days, review the   package   to   ensure 
that it is complete. The division shall determine that  all   applicant   and 
assistance eligibility requirements have  been  met.   The   division   shall 
verify  disaster  or  emergency  damages.  The    division    shall    return 
applications with a request for  additional  information   if   evidence   of 
eligibility is lacking or if information  is   insufficient.   An   applicant 
shall respond to a request for additional information within   10   days   of 
receipt of the request. Applications that are determined by  the  division to 
meet eligibility requirements and  contain  all  necessary  information shall 
be forwarded to the governor for review.

  History:  1994 AACS.


R  30.56   Allowable expenditures.
  Rule 6. An eligible applicant for assistance  may   request   reimbursement 
for resources that are used for the mitigation of the effects   of,   or   in 
response to, a disaster or emergency, including any of the following:
  (a) Overtime for employees of any of the following:
  (i) Police department.
  (ii) Fire department.
  (iii) Public works department.
  (iv) County road commission.
  (v) Emergency medical services.
  (vi) Other employees who are normally paid overtime.
  (b) Contracts with other political jurisdictions,  private  enterprise,  or 
other persons, over and above normal  contracts,  that   are   required   for 
disaster or emergency response.
  (c) Shelter supplies that are used during a disaster or emergency.
  (d) Gasoline and fuel  for  equipment  that  is  used   for   disaster   or 
emergency response.
  (e) Repair costs for equipment that is damaged as a result of use during  a 
disaster or emergency.
  (f)  Necessary  costs  to  support  designated   disaster   relief   worker 
volunteers.
  (g) Costs to repair public buildings, road systems,  or  other   facilities 
that are damaged as a result of the disaster or emergency.
  (h) Other expendable supplies.

  History:  1994 AACS.


R  30.57   Substantiation of claims.
  Rule 7. An applicant shall maintain financial records,  including  all   of 
the following, and make them available to the division upon request:
  (a) Payrolls.
  (b) Time sheets.
  (c) Purchase orders.
  (d) Invoices.
  (e) Checks.
  (f) Vouchers.
  (g) Requisitions.
  (h) Repair estimates and repair bills.
  (i) Other documents that will  substantiate  claims  for  reimbursement.
These records shall be maintained for not less than 3 years from the  date of 
the disaster or emergency.

  History:  1994 AACS.


R  30.58   Assistance to applicants.
  Rule 8. Assistance pursuant to the provisions  of  these   rules   may   be 
provided upon a proclamation of a state of disaster or  state  of   emergency 
and shall be limited to $30,000.00 or 10% of the   total   annual   operating 
budget of the applicant for the preceding year,  whichever   is   less.   The 
amount of financial assistance shall not be more than   the   expenses   that 
are  incurred  as  a  result  of  the  disaster   or   emergency.   Financial 
assistance from other state or federal  programs  or   from   insured   costs 
shall not be duplicated by assistance pursuant to the  provisions  of   these 
rules.

  History:  1994 AACS.


R  30.59   Availability of funds.
  Rule 9. Contingent upon the appropriation  of  necessary   funds   by   the 
legislature and upon the governor's approval, the  division   shall   process 
the approved applications for payment.

  History:  1994 AACS.


R  30.60   Assistance payment.
  Rule 10. (1) Approved applicants shall submit proof of   payment   of   all 
allowable  expenditures  for  which  reimbursement  is   requested   to   the 
division.
  (2) Upon the division review and approval,  and  upon   approval   by   the 
governor, payment shall be authorized.

  History:  1994 AACS.


R  30.61   Rescission.
  Rule 11. R  30.1  to  R  30.19  of  the   Michigan   Administrative   Code, 
appearing on pages 327 to 332 of the 1979   Michigan   Administrative   Code, 
are rescinded.

  History:  1994 AACS.