§ 8-6-609 - Grant program.
               	 		
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.