Ala. Admin. Code r. 335-13-10-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 335-13-10-.04 - Disbursement Of Funds

(1) Upon review and approval of the application, the Department shall determine the exact amount of the grant award and prepare a grant agreement.

(2) The grant agreement will be forwarded to the applicant to be signed by a local government official, authority official or officer of the nonprofit organization.

(3) The applicant may request advance funds through the application process; however, known needs must be documented before advance funds can be approved. Following approval by the Department, the advance funds will be forwarded to the applicant.

(4) Any local government, authority, or non-profit organization receiving grant funds will be reimbursed for actual expenses incurred from the implementation of the approved project or program. Each semi-annual report shall report on the status of the recycling project or program to be funded by the grant, and shall include information necessary for review by the Department for reimbursement of actual costs. Each report must be submitted fifteen (15) days from the end of the previous semester.

Semesters shall run October 1st through March 31st, and April 1st through September 30th of each year.

(5) The Director, or his designee, may terminate a grant award in whole or in part and demand refund of grant funds when there is substantial non-compliance with the terms of the award or these rules, a determination made by the Department that the grant was obtained by fraudulent means, a finding that grant monies have been used for non-allowable costs, or a determination made by the Department that gross abuse or corrupt practices have been used in the administration of the grant project by the recipient.

(a) The Director, or his designee, shall give written notice to the recipient (via certified mail, return receipt requested) of its intent to terminate a Fund grant, in whole or in part, at least 30 days prior to the intended date of termination.

(b) The Director, or his designee, shall afford the grant recipient an opportunity for consultation prior to any termination. After such opportunity for consultation, the Department may, in writing (via certified mail, return receipt requested), terminate the Fund grant in whole or in part.

(c) In event of such termination, the local government, authority, or non-profit organization shall be ineligible to make application for further participation in the grant program until the grantee complies with the terms of the grant award or these rules.

(6) The amount of each grant awarded under this Chapter shall be at the sole discretion of the Director, or his designee; however no single grant award may exceed 20% of the total funds appropriated to the Alabama Recycling Fund during the previous fiscal year. These grant award limitations may be waived by the Director if the total amount of grant funds requested by eligible applicants for a fiscal year does not exceed the funds appropriated to the Alabama Recycling Fund during the previous fiscal year, or if there are less than five total grant applications submitted to the Department.

(7) Grant funds not awarded due to insufficient requests or applications, shall remain in the Alabama Recycling Fund and shall be available for award in future grant years.

(8) Eligible grant applications will be divided into two categories for the purpose of awarding funds.

(a) Category 1 applications shall be those applications submitted by a jurisdiction or jurisdictions for projects or programs which will serve geographic areas containing more than 40,000 households, based on data from the most recent U.S. census or equivalent.

(b) Category 2 applications shall be those applications submitted by a jurisdiction or jurisdictions for projects or programs which will serve geographic areas with fewer than 40,000 households, as determined by the most recent U.S. census or equivalent.

(c) The Department shall award no less than 60 % of the total grant funds available during a fiscal year to Category 1 applications. Provided, however, at least 20 percent of the total grant funds must be awarded to Category 2 applications, if sufficient applications for one or both categories are received and approved by the Department. If sufficient applications are not received, the Director may, for a given grant year, adjust Category 1 and Category 2 thresholds to meet the no less than 60% and at least 20% of the total grant funds awarded.

Ala. Admin. Code r. 335-13-10-.04

New Rule: Filed December 15, 2008; effective January 19, 2009.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 11, August 30, 2024, eff. 10/14/2024.

Author: Phillip D. Davis. Jason Wilson, Blake B. Pruitt.

Statutory Authority: Code of Alabama.1975, §§ 22-27-12, 22-27-17.