W. Va. Code R. § 145-10-5
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 145-10-5 - Fund Administration5.1. Administration of program. 5.1.1. Grants are administered according to the State fiscal year, July 1 to June 30.5.1.2. Grant Agreements will be reviewed each fiscal year.5.2. Sources of Money for Program. 5.2.1. The fund receives moneys from the tax collected and moneys not approved or reallocated from previous fiscal year.5.2.2. Any Eligible County that has failed to have its Plan, or an amended and resubmitted Plan approved by the Director for period of eighteen months immediately subsequent to the Initial Plan Submission Date shall lose its entitlement to its Provisional Share of the Fund attributable to the fiscal year to which that unapproved Plan relates and that Provisional Share shall be pooled with all other receipts in the Fund and be reallocated equally to all Eligible Counties as part of the Provisional Share of each.5.2.3. If the Director determines that moneys previously distributed to a Grantee have not been used as required under the approved Plan or there appears to be reasonable probability that encumbered funds will not be used according to the approved Plan, the Director may revoke the encumbrance and those funds may be pooled with all other receipts in the Fund and be reallocated equally to Eligible Counties as part of the Provisional Share of each. 5.2.3.1. The Director may give the County the opportunity to cure the non qualified use and submit alternate plan.5.3. Uses of Money in the program. 5.3.1. The Director may use up to $60,000 for administration of the program.5.3.2. The Director may use up to $2,000,000 for grant distribution as set forth in the Act. 5.3.2.1. Ninety percent of the Fund will be used for Infrastructure Projects.5.3.2.2. Ten percent of the Fund will be used for Economic Development Projects.5.4. Limit on Grant Amount. The amount of each Eligible County's Provisional Share is derived by dividing the share computation base by the number of synthetic fuel-producing counties in the State during the applicable fiscal year. The share computation base is the sum of (A) Net revenues deposited in the synthetic fuel-producing counties grant fund for the fiscal year, and (B) any amounts repooled for the fiscal year into the synthetic fuel producing counties grant fund, less (C) the amount dedicated for administration of the Fund.5.5. Terms of Grant. 5.5.1. Each Grantee must adopt a resolution/order authorizing the acceptance of the grant agreement and submit such resolution/order to the State Development Office.5.5.2. Each grant recipient must agree that the grant funds will be included in its annual audit by the Chief Inspector.5.5.3. Grant funds will not be committed or spent by the Grantee until an executed grant agreement is received from the State Development Office.5.5.4. The annual plan, or amended or resubmitted plan or plans, must be approved within eighteen months of the Plan Submission Date and include specific uses for all available funds, including funds to be encumbered for use in subsequent fiscal years.5.5.5. The Grantee will designate in writing an individual to maintain all records and oversee each Project.5.5.6. The Grantee agrees that it will perform the work for which the Grant was made.5.5.7. The Grantee agrees that any changes in the scope of the work specified in the Grant Agreement will be submitted in writing for prior written approval by the Director.5.5.8. The amount to be distributed to the Grantee shall not exceed the amount of the Grantee's Provisional Share for the applicable fiscal year plus amounts encumbered and carried over from a prior period.5.5.9. No money in the Fund may be used by a Grantee as money to be matched under the funds matching program authorized by W. Va. Code § 5b-2-3(b).W. Va. Code R. § 145-10-5