§ 8-6-609 - Grant program. - Arkansas Statutes

8-6-609. Grant program.

(a) There is created a grant program of assistance for districts and local governments and their delegated authorities and agents to develop solid waste management plans, programs, and facilities that integrate recycling as a functional part of the solid waste management system, provided that the legislative preference for regional or multicounty solid waste management planning is implemented in the administration of this grant program.

(b) (1) (A) Any county, city, multicounty, regional, or other solid waste authority is eligible for a grant pursuant to rules and regulations adopted by the Arkansas Pollution Control and Ecology Commission and administered by the Arkansas Department of Environmental Quality.

(B) Funds collected under the provisions of 8-6-607 and deposited in the State Treasury to the credit of the Solid Waste Management and Recycling Fund, less up to twenty-five percent (25%) for administrative support for the department, shall be annually allocated to each of the approved regional solid waste management districts for costs eligible for grant assistance utilizing a combination of two (2) methods, hereafter referred to as "method A" and "method B".

(C) Fifty percent (50%) of set-aside funds will be determined using method A, and fifty percent (50%) will be determined using method B.

(D) The total figures obtained from each method will be combined to arrive at each regional solid waste management district's fund distribution.

(2) Method A.

(A) (i) The department shall determine the amount of funds within each planning and development district organized under 14-166-201 et seq., and recognized by the Governor, based upon the same distribution as general revenue support is distributed to the planning and development districts in the current fiscal year.

(ii) The department shall adjust the distribution within the planning and development districts to coincide with the boundaries of the regional solid waste management districts by determining each county's share of the funds available within each planning and development district.

(iii) Each county's share shall be based upon the proportion that each county's population bears to the total population in the planning and development district to which the county is assigned, multiplied by the amount of funds determined to be available within the planning and development district.

(iv) The county's proportional share, as determined, shall be added to all other counties' shares within the same regional solid waste management district.

(B) Formula for method A:

(i) Begin with fifty percent (50%) of the total remaining grant funds;

(ii) Divide equally by the eight (8) regional planning and development districts;

(iii) Multiply this result by the most recent federal decennial census population of each county; and

(iv) Divide this result by the planning and development district population in which the county is located. This determines the portion per county. Individual county portions are grouped and totaled by each new regional solid waste management district to give each regional solid waste management district's allocation.

(3) Method B.

(A) The remaining fifty percent (50%) of set-aside funds in a grant round shall be based upon the ratio of the district's 1990 or current decennial census population divided by the most recent federal decennial census state population.

(B) Formula for method B:

(i) Begin with each solid waste management district's total population;

(ii) Divide by the state's most recent federal decennial census population to get the ratio; and

(iii) Multiply by the total remaining grant funds.

This equals each regional solid waste management district's allocation.

(4) Funds set aside for each district in a grant round that are not awarded to the district will be rolled over to the next grant round.

(5) Funds set aside to two (2) or more districts in a grant round may be combined to fund a joint application, provided the joint application has been signed by the regional solid waste management board chair for each district.

(c) (1) Costs eligible for grant assistance include, but are not limited to, costs for:

(A) Solid waste management planning that integrates recycling;

(B) Public information and education programs that encourage waste reduction and stimulate demand for products produced from recycled materials;

(C) Waste transfer facilities that integrate recycling in their operations;

(D) Recycling equipment; and

(E) Recycling programs.

(2) Grant assistance shall not be provided for the purpose of purchasing mechanical processing equipment or facilities if existing mechanical processing equipment or facilities adequately serve the relevant area, unless the department determines that the equipment or facility is an indispensable component of an otherwise eligible grant project and would more efficiently serve the relevant area.

(3) (A) The total amount of grants for administrative costs set out for all districts shall not exceed five hundred thousand dollars ($500,000) per annum.

(B) The department is granted authority to develop regulations in accordance with this section.

(4) Each regional solid waste management district may use up to twenty-five percent (25%) of its annual allocation for the administration of its regional solid waste management plan as approved by the department.

(5) (A) Each regional solid waste management district is responsible for the grant application process and acceptance of grant applications from its district members.

(B) The district shall prioritize and select grant projects from its district members for submission to the department, the selection being the sole discretion of the district.

(6) Once grant project applications are submitted to the department, the department shall approve those projects which comply with the requirements and intent of this subchapter.

(d) (1) (A) The department shall prepare an annual progress report on grant assistance made under this section.

(B) The report shall include:

(i) The amount of each grant;

(ii) The purpose of the grant;

(iii) How grant funds were expended by the grant recipient;

(iv) The results produced or the progress made; and

(v) The revenues produced and tonnages of materials collected.

(C) The report for each state fiscal year shall be filed by November 1 of the following fiscal year with the office of the Governor and the Legislative Council.

(D) The report shall include information on grant recipients for a period of five (5) years from the date of disbursement of funds by the department.

(2) (A) Until all grant funds have been expended on a project, regional solid waste management boards shall provide the department with an annual report summarizing:

(i) Progress in the project; and

(ii) Expenditures from the grant award.

(B) For a period of five (5) years after a grant recipient's receipt of grant funds, regional solid waste management boards shall provide the department an annual report summarizing:

(i) Tonnages of materials collected by the grant recipient; and

(ii) Revenues produced by the sale of materials collected.

(C) The reports shall be filed annually on or before September 1.

(D) Failure by a board to file the required reports shall provide grounds for the department to withhold disbursement of grant funds for subsequent grant rounds.