Kan. Admin. Regs. § 110-4-2

Current through Register Vol. 43, No. 49, December 5, 2024

Section 110-4-2 - Review standards and priorities for approval of proposed agreements; limits on program costs and on project and program size

(a) Each proposal for an agreement concerning a SKILL project or a combined SKILL project and financial assistance through an MPI shall be submitted by an employer to the secretary. Each proposal for an agreement concerning only financial assistance through an MPI shall be submitted by an employer to the secretary. Each proposal shall be submitted as an application on a form provided by the secretary. Each proposal shall include the following, as applicable:

(1) General information, as follows:

(A) The project start and end dates;

(B) the employer's legal name;

(C) the employer's code designation according to the "North American industry classification system" (NAICS), as established by the executive office of the president, office of management and budget, dated 2007;

(D) a description of the employer's business operation or industry;

(E) the employer's federal taxpayer identification number;

(F) the name and title of the employer's designated contact person;

(G) the electronic mail address of the employer's contact person;

(H) the employer's mailing address;

(I) the address of the project facility;

(J) the phone number and fax number of the contact person;

(K) the total number of existing jobs in the state, including annual average wage;

(L) the estimated capital investment;

(M) the projected number of new jobs and retrained jobs, including annual average wage;

(N) the performance percentage of the new and retrained jobs;

(O) a description of the type of training;

(P) a summary of the benefits package offered by a company; and

(Q) the anticipated hiring schedule for all positions;

(2) a description of the company's business operations, including the following:

(A) A company overview, including a brief company history and current information;

(B) a summary of the financial condition of the company; and

(C) a description of type of products or services;

(3) if a company will be using a Kansas educational institution for direct services, the following information for each participating institution:

(A) The name of the educational institution;

(B) the educational institution's address;

(C) the name and title of the contact person;

(D) the phone number and fax number of the contact person;

(E) the electronic mail address of the contact person;

(F) the federal identification number;

(4) for any proposal that includes a SKILL project, information relating to the new jobs or retrained jobs, as follows:

(A) A summary of the type of training or instruction to be provided to each trainee;

(B) the number of hours of instruction for each trainee by course area or title;

(C) the salaries of instructors, including the number of hours of instruction and hourly rates;

(D) the costs of adult basic education and job-related instruction;

(E) the costs of vocational and skill-assessment services and testing;

(F) the costs for lease of training equipment, including the costs of installation;

(G) the costs to the educational institution for purchase of training equipment, including the costs of installation;

(H) the costs of training materials and supplies;

(I) the costs of services with educational institutions, federal, state, or local agencies, vendors, or consultants;

(J) the costs of contractual or professional services;

(K) the training curriculum planning and development costs;

(L) the costs of textbooks, manuals, audiovisual materials, or other training aids;

(M) the travel expenses of trainers or trainees;

(N) the costs of temporary training facilities;

(O) the amount, if any, of tuition, student fees, or special charges included in the project costs;

(P) the total estimated project costs;

(Q) the amount of project costs proposed to be paid by the employer, by the educational institution, and by federal, state, or other public or private grants;

(R) the amount of project costs requested to be paid from the IMPACT program services fund; and

(5) for any proposal that includes a request for financial assistance through an MPI, information relating to the financial assistance requested as follows:

(A) An itemization of the business costs to be paid through an MPI, and the estimates of these business costs;

(B) background information relating to the undertaking and an explanation of how the financial assistance provided through an MPI will contribute to the relocation of the employer in the state; and

(C) if the proposal includes only a request for financial assistance through an MPI, an explanation of the training or education programs to be undertaken or funded by the employer for its employees each year during the term of the agreement, with evidence demonstrating that the employer will meet the minimum training and education requirement in K.S.A. 74-50,106(d)(1), and amendments thereto; and

(D) for all proposals, any other information deemed necessary by the secretary.

(b) Each application shall be reviewed by the secretary for completeness and compliance with the funding limitations in the IMPACT act. Additional data may be requested by the secretary to verify the accuracy and completeness of the information in an application. The review of each application shall be completed by the secretary within 30 days of the date a complete application is filed.

(c)

(1) The best method of funding the qualified projects shall be determined by the secretary and the funding requirements of part or all of two or more qualified projects may be pooled to facilitate the issuance of bonds by the Kansas development finance authority. One or more qualified projects may be funded from amounts on deposit or anticipated to be on deposit in the IMPACT program services fund that are not required to be used to pay program costs for other qualified projects.

(2) The maximum funding amount for any qualified project may be funded in more than one increment as may be necessary to accommodate the needs, funding resources, and limitations of the IMPACT program. However, the sum of these increments shall not exceed the maximum funding amount for the qualified project. The determinations by the secretary as to whether a qualified project will be funded in increments and the amount of these increments shall be made on the basis of the considerations listed in subsection (d).

(d) The following factors shall be used to determine whether a qualified project should be funded and the amount of the funding. If two or more qualified projects compete for limited funds, these same factors shall be applied to determine the level of funding for each project:

(1) The per capita cost of training expenses to be funded from the IMPACT program services fund;

(2) the amount of funds used to pay project costs from sources other than funds from the IMPACT program services fund;

(3) the local economic needs and the impact of the project, including current local employment conditions, resultant new economic activity, the project schedule, leveraging of other resources, beneficial impact on the tax base and project feasibility, as well as the probability that the project will accomplish the projected benefits;

(4) the quality of jobs to be created, with priority given to those full-time jobs that have a higher wage scale, higher benefit levels, a low turnover rate, an opportunity for career development or advancement, or other related factors;

(5) the extent to which the project is being coordinated with other projects of that applicant or other applicants to be funded from the IMPACT program services fund. Priority shall be given to projects that are able to share training facilities, instructors, training equipment, and other program services;

(6) the extent to which the project or components of the project do not duplicate existing training resources;

(7) the extent to which the project utilizes funds in the most efficient and effective manner to train employees. Each proposal that includes a SKILL project shall demonstrate that a reasonable effort has been made to investigate alternate training methods and has selected the most efficient and effective method of training;

(8) the extent to which funding from the IMPACT program services fund is essential to the training of the employees, the creation of the new jobs, or both;

(9) the extent to which the employer requesting assistance can continue in business at the levels necessary to retain the new jobs created for the periods indicated in its application if provided with the requested assistance;

(10) the extent to which the employer intends to continue its operations in Kansas for the periods indicated in its application;

(11) if an MPI is requested, the extent to which the project utilizes funds in the most efficient and effective manner to defray business costs;

(12) the extent to which the business costs to be defrayed and paid through an MPI are directly related to the creation of new jobs in Kansas; and

(13) the extent to which the financial assistance provided through an MPI will confer benefits on the state, the community, local educational institutions or other persons or entities in addition to the benefits it will confer on the employer.

Kan. Admin. Regs. § 110-4-2

Authorized by K.S.A. 2009 Supp. 74-50,104, 74-50,106; implementing K.S.A. 2009 Supp. 74-50,104, 74-50,105, 74-50,106; effective, T-110-3-27-92, March 27, 1992; effective, T-110-7-23-92, July 23, 1992; effective Sept. 8, 1992; amended Aug. 29, 1997; amended Jan. 28, 2011.