AUTHORITY: Implementing and authorized by Sections 5(f)(4), (5), (5.5), (5.10) and 10 of the Illinois Emergency Management Agency Act [20 ILCS 3305].

SOURCE: Adopted at 26 Ill. Reg. 3036, effective February 26, 2002; amended at 31 Ill. Reg. 11565, effective July 26, 2007; amended at 42 Ill. Reg. 15933, effective July 31, 2018; emergency amendment at 44 Ill. Reg. 10814, effective June 8, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 17631, effective October 31, 2020.

SUBPART A: GENERAL PROVISIONS

 

Section 301.110  Purpose, Scope, Applicability

 

a)         In serving the IEMA mandate to prepare the State of Illinois to deal with disasters, to preserve the lives and property of the people of this State and to protect the public peace, health and safety in the event of a disaster, the purposes of this Part are:

 

1)         To encourage local policy makers and emergency management program administrators to plan and coordinate a comprehensive emergency management strategy to improve prevention, protection, response, recovery and mitigation capabilities at the local level; and

 

2)         To establish requirements for:

 

A)        Emergency management programs;

 

B)        Emergency operations plans;

 

C)        Exercises of emergency operations plans;

 

D)        Other required plans;

 

E)        Accreditation and certification of ESDAs;

 

F)         Workers' compensation coverage and workers' occupational diseases coverage for volunteers; and

 

G)        The emergency management assistance grant program.

 

b)         The provisions of this Part apply to all emergency services and disaster agencies established pursuant to the Illinois Emergency Management Agency Act [20 ILCS 3305].

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.120  Definitions

 

All definitions set forth in this Section have the following meanings throughout this Part, unless specifically provided otherwise.  Words and terms not defined have the meanings set forth in the Illinois Emergency Management Agency Act.

 

"Act" means the Illinois Emergency Management Agency Act [20 ILCS 3305].

 

"Accreditation" means recognition of an emergency services and disaster agency by the Illinois Emergency Management Agency, in accordance with the requirements of Section 301.510.

 

"Annex" means descriptions in the emergency operations plan of policies, processes, roles and responsibilities that agencies and departments carry out before, during and after any disaster or emergency.  Annexes focus on critical operational functions and entities responsible for those functions. 

 

"Assumptions" means the information, facts and data treated as true for development of the emergency operations plan.

 

"Certification" means recognition of a non-mandated emergency services and disaster agency by an accredited county or multiple county emergency services and disaster agency in conjunction with the Illinois Emergency Management Agency, or by the Illinois Emergency Management Agency in the event that no accredited county or multiple county emergency services and disaster agency serves the county in which the non-mandated emergency services and disaster agency is located, in accordance with Section 301.520.

 

"Concept of Operations" means the overall approach of the political subdivision to the management of a disaster, such as who directs response efforts, what should happen, and when it should happen, including, but not limited to, how the political subdivision will implement the concepts and procedures of a recognized incident command system.

 

"Coordinator" means the staff assistant to, or the person appointed in accordance with Section 10(i) of the Act by, the principal executive officer of a political subdivision with the duty of coordinating the emergency management programs of that political subdivision.

 

"Damage Assessment" means an appraisal or determination of the effects of the disaster on physical, economic and natural resources and on human life.

 

"Disaster" means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, or acts of domestic terrorism. [20 ILCS 3305/4]

 

"Emergency Management" means the efforts of the political subdivisions to develop, plan, analyze, conduct, provide, implement and maintain programs for disaster mitigation, preparedness, response and recovery.

 

"Emergency Operations Center" or "EOC" means a location where policy and strategic management decisions are made during a disaster or disaster exercise.

 

"Emergency Operations Plan" or "EOP" means the written plan of a political subdivision describing the organization, mission, and functions of the political subdivision government and supporting services for responding to and recovering from disasters.

 

"Emergency Planning and Community Right-to-Know Act" or "federal EPCRA" means 42 USC 11001.

 

"Emergency Services and Disaster Agency" or "ESDA" means the agency by this name, by the name emergency management agency, or by any other name that is established by ordinance within a political subdivision to coordinate the emergency management program within that political subdivision and with private organizations, other political subdivisions, the State and federal governments.  [20 ILCS 3305/4]

 

"Exercise" means a planned event realistically simulating a disaster, conducted for the purpose of evaluating the political subdivision's coordinated emergency management capabilities, including, but not limited to, testing emergency operations plans. [20 ILCS 3305/4]

 

"Exercise Design Team" means the people selected in accordance with Section 301.420(a) to develop and coordinate the exercise and the team from which a team member is designated to be the design team leader.

 

"FEMA" means the Federal Emergency Management Agency.

 

"Goals" mean concepts adopted by strategic decision makers to give overall direction to disaster response and recovery, derived from one or more emergency management functions of the emergency operations plan and accomplished through decision makers of the emergency operations center and incident command system.

 

"Homeland Security Exercise and Evaluation Program" or "HSEEP" means a guiding set of fundamental principles for exercise programs through which exercise program managers can develop, execute, and evaluate exercises that address the priorities established by a jurisdiction's/organization's senior leaders.  It provides a method for jurisdictions/organizations to shape planning, assess and validate capabilities, and address areas for improvement in their emergency management programs.  Further information regarding HSEEP may be found on FEMA's website at https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep.

 

"IEMA" means the Illinois Emergency Management Agency.

 

"Illinois Emergency Planning and Community Right to Know Act" or "Illinois EPCRA" means 430 ILCS 100.

 

"Incident Command" means a system that combines facilities, equipment, personnel, procedures, and communications to operate within a common organizational structure and that designates responsibility for the management of assigned resources to effectively accomplish stated goals and objectives.

 

"Local Emergency Planning Committee" or "LEPC" means the committee appointed in each emergency planning district by the State Emergency Response Commission pursuant to federal EPCRA and Illinois EPCRA.

 

"Mandated Emergency Services and Disaster Agency" or "Mandated ESDA" means each ESDA required to be established pursuant to Section 10 of the Act:

 

Each county ESDA, unless multiple county ESDA consolidation is authorized by IEMA with the consent of the respective counties in accordance with Section 301.140;

 

Each multiple county ESDA authorized in accordance with Section 301.140;

 

Each ESDA in a municipality with a population of over 500,000; and

 

Each ESDA determined by the Governor to be required for a municipal corporation pursuant to Section 10(d) of the Act.

 

"Mitigation" means actions taken to eliminate or reduce the degree of risk to life and property from hazards, either prior to or following a disaster.

 

"National Standard" means the version of the Emergency Management Standard developed by the Emergency Management Accreditation Program and accepted by IEMA.  The National Standard can be obtained at https://www.emap.org or by contacting an IEMA regional office (https://www2.illinois.gov/iema/Contacts /Pages/Contacts-Regional.aspx).

 

"Non-Mandated Emergency Services and Disaster Agency" or "Non-Mandated ESDA" means an ESDA not required to be established pursuant to the Act, but established by ordinance of the political subdivision it serves.

 

"Objectives" mean definable and measurable concepts adopted by tactical decision makers to accomplish the goals of disaster response and recovery, usually derived from one or more emergency management functions of the emergency operations plan.

 

"Political Subdivision" means any county, city, village, or incorporated town or township if the township is in a county having a population of more than 2,000,000. [20 ILCS 3305/4]

 

"Preparedness" means actions taken and programs and systems developed prior to a disaster to support and enhance response to and recovery from a disaster.

 

"Principal Executive Officer" means chair of the county board, supervisor of a township if the township is in a county having a population of more than 2,000,000, mayor of a city or incorporated town, president of a village, or in their absence or disability, the interim successor as established under Section 7 of the Emergency Interim Executive Succession Act [5 ILCS 275]. [20 ILCS 3305/4]

 

"Recovery" means restoration actions and programs.

 

"Response" means the actions taken to address the immediate and short-term effects of a disaster.

 

"State Emergency Response Commission" or "SERC" means the Illinois Emergency Management Agency in accordance with Illinois EPCRA.

 

"Strategic Decisions" means policy decisions that determine the goals of disaster response and recovery, usually made by elected officials or by designees appointed by ordinance, law, or emergency operations plan to act on behalf of elected officials during a disaster.

 

"Tactical Decisions" means decisions that determine the objectives to satisfy the goals set by strategic decision makers, usually made by designees of the strategic decision makers, including command or general staff within the incident command system.

 

"Work Plan" means a narrative description of the ESDA's specific actions to be accomplished.

 

(Source:  Amended at 44 Ill. Reg. 17631, effective October 31, 2020)

 

Section 301.125  Waivers, Exemptions, and Exceptions

 

IEMA may, upon application or upon its own initiative, grant such waivers, exemptions or exceptions from the requirements of this Part as it determines are authorized by law and will not result in undue hazard to public health and safety or property.  Waivers, exemptions, or exceptions may only be granted for situations that arise from, or relate to, a federally-declared emergency or a federal, State, or local disaster, or other circumstance beyond the control of the entity seeking the waiver, exemption, or exception.

 

(Source:  Added at 44 Ill. Reg. 17631, effective October 31, 2020)

 

Section 301.130  Severability

 

If any Section, subsection, sentence or clause of this Part is adjudged unconstitutional, invalid or otherwise not effective for any reason, such adjudication shall not affect the validity of this Part as a whole or of any Section, subsection, sentence or clause thereof not adjudged unconstitutional, invalid or otherwise not effective for any reason.

 

Section 301.140  Multiple County ESDA Consolidation

 

IEMA may authorize a multiple county ESDA consolidation, if all of the following requirements are met:

 

a)         At least one of the counties to be consolidated has been determined by IEMA to have an inability to comply with the ESDA requirements of the Act and of this Part, including, but not limited to, the EOP and exercise requirements, that can be remedied by consolidation or all the counties that are to be consolidated determine that the consolidation would better serve the interest of life-safety and protection of property and the environment;

 

b)         The counties to be consolidated are geographically connected; and

 

c)         The counties seeking to consolidate present to IEMA a signed intergovernmental agreement between the counties seeking to consolidate ESDAs that provides at a minimum:

 

1)         Evidence of consolidation approval and authorization by each of the county boards involved;

 

2)         A beginning and ending date to the term of the consolidation agreement;

 

3)         A description of how the county boards will divide or distribute authority for the consolidated ESDA in a way that will ensure that the emergency management interests of the affected counties are adequately addressed and of how issues will be addressed by the counties, such as funding and budget issues and legal representation for ESDA issues, including tort and workers' compensation issues; and

 

4)         A description of how the consolidated ESDA will achieve command and control, as well as coordinate response and recovery in a situation of concurrent disasters in each of the consolidated counties.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.170  Program Requirements

 

The responsible ESDA shall have a documented emergency management program that should be consistent with the national standard, including program administration and evaluation; the use of advisory committee and coordination processes; administrative and financial processes and procedures; processes for requesting changes to ordinances and authorities; completion of a hazard identification risk assessment and threat and hazard identification risk assessment; hazard mitigation; implementation of prevention processes and programs; operational planning for emergency operations, recovery, continuity of operations and continuity of government plans; incident management; resource management and logistics; mutual aid; communications and warning capabilities; implementation and maintenance of operational procedures; the use and testing of facilities; implementation of training and exercise programs; and public information, crisis communications and education programs.

 

(Source:  Added at 42 Ill. Reg. 15933, effective July 31, 2018)

SUBPART B: EMERGENCY OPERATIONS PLAN REQUIREMENTS

 

Section 301.210  Authority

 

a)         In accordance with requirements of Section 10(g) of the Act, each ESDA established pursuant to the Act shall prepare an emergency operations plan for its geographic boundaries that complies with the planning, review and approval standards set forth in this Part.

 

b)         If the corporate boundaries of a municipality fall within the boundaries of more than one county jurisdiction, the principal executive officer of the municipality may choose which county jurisdiction to be included for planning and exercise purposes after the following:

 

1)         The chosen county jurisdiction agrees to be responsible for the entire municipality for planning and exercise purposes through an intergovernmental agreement or equivalent legally binding document.  The intergovernmental agreement or equivalent legally binding document shall set the term of the agreement;

 

AGENCY NOTE:  If an agreement cannot be reached between the municipality and county jurisdictions involved, the county jurisdiction where the primary business address for the municipality is located shall be responsible for the planning and exercise requirements of this Part for the municipality.

 

2)         Notice is given to all county emergency management jurisdictions affected by the decision, including all other jurisdictions in which population of the municipality lies; and

 

3)         Notice is given to IEMA and IEMA has provided written approval prior to any change in responsibility.  The intergovernmental agreement or equivalent legally binding document indicating agreement of the county in accordance with subsection (b)(1) shall be provided to IEMA.

 

c)         The responsible county jurisdiction under subsection (b)(1) shall provide all county emergency management jurisdictions affected by subsection (b) a copy of the EOP and copies of exercise and training records for the municipality.

 

d)         Nothing in this Section shall require a municipality to choose only one county nor shall it prevent more than one county from sharing responsibility for planning and exercise purposes.  In addition, nothing in this Section shall require a county to accept full responsibility for a municipality unless it has agreed to do so under subsection (b)(1).

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.220  Initial Analysis and Assessment

 

To begin the planning process and in conjunction with EOP updates, representatives of the political subdivision organizations involved with emergency response shall jointly conduct all of the following tasks:

 

a)         Conduct a hazard identification and risk assessment for the political subdivision:

 

1)         Identify hazards, including natural, technological and human-caused;

 

2)         Hazard profiles shall include risk and vulnerability assessments and consequence analysis; and

 

3)         Compare, prioritize and document risks of the hazards identified.

 

b)         Develop a profile of the political subdivision:

 

1)         Collect demographic data (such as daily population patterns, traffic patterns, seasonal population changes, populations with functional and access needs) from public and private sources to determine potential consequences of identified hazards for people and community functions.

 

2)         Collect structural inventory data (including data on critical facilities, residential, commercial, and industrial structures, lifelines, and transportation) to determine potential consequences of identified hazards for community functions, property and sites of potential secondary hazards.

 

c)         Complete a Threat and Hazard Identification Risk Assessment to assess all core capabilities for prevention, protection, response, recovery and mitigation mission areas of the political subdivision, identify shortfalls in core capabilities and develop strategies to alleviate shortfalls in planning, organization, equipment, training and exercises.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.230  Basic Plan Requirements

 

a)         The EOP shall have a basic plan that includes:

 

1)         A document signed and dated by the principal executive officer of the political subdivision approving the plan.

 

2)         A register for recording changes and entering change dates.

 

3)         For non-mandated ESDAs, except those accredited pursuant to Section 301.510, evidence that each county or multiple county ESDA coordinator serving the county in which the non-mandated ESDA is located, other than the county or multiple county ESDA reviewing the EOP for acceptance pursuant to Section 301.320, concurs with the portions of the plan applicable to the ESDA they represent.

 

4)         A table of contents listing all sections of the plan.

 

b)         Each ESDA shall have an EOP that individually addresses:

 

1)         The EOP's purpose and:

 

A)        scope; or

 

B)        goals and objectives;

 

2)         Authority;

 

3)         Situation and assumptions;

 

4)         Functional roles and responsibilities for internal and external agencies, organizations, departments and positions;

 

5)         Logistical support and resource requirements necessary to implement the EOP;

 

6)         The concept of operations for the EOP; and

 

7)         Assignment of responsibility for EOP maintenance, review and updating.

 

c)         The EOP shall identify and assign specific areas of responsibility for performing functions in response to an emergency or disaster.

 

d)         The EOP shall contain a list of formal mutual aid agreements, memoranda of understanding (MOUs), and other written agreements affecting the emergency response and recovery functions of the political subdivision.

 

e)         The EOP shall delineate processes for the political subdivision to supplement resources provided through MOUs.

 

f)         For EOPs due for review on or after September 1, 2020, ESDAs shall include in the EOP how the political subdivision will perform each of the following functions, and identify and assign specific areas of responsibility for performing the functions in response to an emergency or disaster:

 

1)         administration and finance;

 

2)         agriculture and natural resources;

 

3)         critical infrastructure and key resource restoration;

 

4)         debris management;

 

5)         detection and monitoring;

 

6)         donation management;

 

7)         energy and utilities services;

 

8)         firefighting/fire protection;

 

9)         human services (including food, water and commodities distribution);

 

10)         incident and needs assessment;

 

11)         information collection, analysis, and dissemination;

 

12)         law enforcement;

 

13)         mutual aid;

 

14)         private sector coordination;

 

15)         public works and engineering;

 

16)         search and rescue;

 

17)         transportation systems and resources; and

 

18)         volunteer management

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.240  Functional Annex Requirements  

 

a)         For EOPs due for review on or after September 1, 2020, ESDAs shall include in the EOP annexes addressing how the political subdivision will perform each of the following functions:

 

1)         Direction, Control and Coordination – The means the political subdivision will use to establish and maintain a unified and coordinated operational structure and process to direct and control activities throughout response and recovery that integrates all critical stakeholders and supports the execution of strategies, priorities and functional roles and responsibilities.

 

2)         Communications – The means, organizations and processes by which the political subdivision will communicate among and between affected communities and organizations involved in response and recovery in support of situational awareness and operations.

 

3)         Warning/Emergency Information – The means, organizations and processes by which officials will coordinate the delivery of alerts and warning that provide the public with life-saving information and instructions on actions to be taken for potential or actual emergencies.

 

4)         Public Information – The means, organizations and processes by which a political subdivision will coordinate the delivery of prompt, reliable and actionable information to the whole community through the use of clear, consistent, accessible and culturally and linguistically appropriate methods to effectively relay information regarding any threat or hazard, as well as the actions being taken and the assistance being made available, as appropriate.

 

5)         Disaster Intelligence/Damage Assessment – The means the political subdivision will use to coordinate timely, accurate and actionable information resulting from the identification, planning, collection, processing, analysis, evaluation and dissemination of information among government or private sector entities, as appropriate.

 

6)         Evacuation and Population Protection – The means the political subdivision will use to coordinate the evacuation and movement of people to a safe area, or instruct the public to shelter-in-place, when conditions require immediate protection for potential or actual emergencies.

 

7)         Mass Care or Population Related Disaster Services – The means the political subdivision will use to coordinate life-sustaining and human services to the affected population, to include hydration, feeding, sheltering, temporary housing, evacuee support, reunification, and distribution of emergency supplies and other essential life support needs to people displaced from their homes because of a disaster situation.

 

8)         Health and Medical – The means the political subdivision will use to coordinate lifesaving medical treatment via Emergency Medical Services and related operations and avoid additional disease and injury by providing targeted public health, medical and behavioral health support and products to all affected populations in emergencies and disasters.

 

9)         Mortuary Services or Fatality Management – The means the political subdivision will use to coordinate fatality management services, including:

 

A)        decedent remains recovery and victim identification;

 

B)        inventorying and protecting deceased's personal effects;

 

C)        working with local, State and federal authorities to provide mortuary processes, temporary storage or permanent internment solutions;

 

D)        sharing information with mass care services for the purpose of locating and notifying the next of kin and reunifying family members and caregivers with missing persons/remains; and

 

E)        providing counseling to the bereaved.

 

10)       Resource Management or Logistics – The process the political subdivision will use to coordinate resources and material to satisfy the needs generated by a disaster through the delivery of essential commodities, equipment, services and personnel in support of impacted communities and survivors, to include emergency power and fuel support, as well as the coordination of access to community staples.

 

b)         Each functional annex required by subsection (a) shall individually address:

 

1)         The annex's purpose and:

 

A)        scope; or

 

B)        goals and objectives;

 

2)         Authority;

 

3)         Situation and assumptions;

 

4)         Identification of and functional roles and responsibilities for internal and external agencies, organizations, departments and positions;

 

5)         Logistical support and resource requirements necessary to implement the annex;

 

6)         A description of situations that trigger implementation of the annex;

 

7)         A description of assumptions that apply to the annex;

 

8)         The concept of operations for the annex; and

 

9)         Assignment of responsibility for annex maintenance, review and updating.

 

c)         In addition to the above requirements of subsections (a) and (b), each annex may include functional appendices, tabs, check-lists and job aids.

 

d)         The ESDA may include additional annexes in the EOP as determined by the ESDA to be necessary for the emergency management efforts of the political subdivision in the event of a disaster.  IEMA may require the ESDA to include additional annexes in the EOP, if IEMA determines that those annexes are necessary preparation for protection of the public peace, health and safety in the event of a disaster.

 

e)         The ESDA may use traditional, functional, core capability or Emergency Support Function (ESF) annexes in the EOP as determined by the ESDA to be necessary for the emergency management efforts of the political subdivision in the event of a disaster.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.250  Hazard Specific Annexes

 

a)         Each hazard specific annex of the EOP shall individually address:

 

1)         The annex's purpose and:

 

A)        scope; or

 

B)        goals and objectives;

 

2)         Authority;

 

3)         Situation and assumptions;

 

4)         Identification of and functional roles and responsibilities for internal and external agencies, organizations, departments and positions;

 

5)         Logistical support and resource requirements necessary to implement the annex;

 

6)         The concept of operations for the hazard specific annex; and

 

7)         Assignment of responsibility for annex maintenance, review and updating.

 

b)         In addition to the above requirements of subsection (a), each hazard specific annex of the EOP may include functional appendices, tabs, check-lists and job aids.

 

c)         The EOP shall include, as a Hazardous Materials annex, all applicable portions of an LEPC chemical emergency response plan for the political subdivision, developed in accordance with the requirements of the Illinois EPCRA.  The SERC shall appoint an ESDA coordinator from within the LEPC's emergency planning district to serve as a member of the LEPC in the development of the LEPC chemical emergency response plan.

 

d)         Based upon United States Geological Survey calculations of probable areas subject to earthquake damage, IEMA has determined that the EOPs of the following county ESDAs and of political subdivision ESDAs located within the following counties shall include an Earthquake annex: Alexander, Calhoun, Crawford, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Jersey, Johnson, Lawrence, Madison, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, Saline, St. Clair, Union, Wabash, Washington, Wayne, White, and Williamson.  In addition to addressing the requirements of subsection (a), the Earthquake annex shall address, at a minimum:

 

1)         For Direction and Control purposes:

 

A)        The use of ground or aerial surveys, or both, to determine the scope of the damage, casualties, and the status of critical facilities.

 

B)        The use of damage assessment information to identify the facilities and areas where urban search and rescue operations are to be conducted and to establish priorities for search and rescue operations.

 

i)          Provisions to control access into and out of damaged areas.

 

ii)         The inspection of buildings and other structures to determine habitability or the need for condemnation or demolition and how such determinations will be marked.

 

2)         For Public Information purposes:

 

A)        The development and distribution of survival tips on what to do during and immediately after an earthquake.

 

B)        The distribution of warnings and advice on the continuing threats of fire, unsafe areas, building collapse, aftershocks, and other hazards.

 

C)        Public notification of emergency assistance locations, such as shelter, medical services, and food and water.

 

3)         For Evacuation purposes, provisions for moving residents of custodial facilities, including, but not limited to, hospitals and jails, following an earthquake due to structural damage from the earthquake or projected aftershocks.

 

4)         For Mass Care purposes:

 

A)        Identification of mass care facilities in low seismic risk areas that are away from secondary effect threats.

 

B)        Identification of mass care facilities that are structurally sound, well retrofitted, or built to code, based on the knowledge of a structural engineer.

 

C)        A ranking of the mass care facilities based on the amount of earthquake resistance protection offered.

 

e)         An ESDA may include additional Hazard Specific annexes for threats and hazards identified through the process set forth in Section 301.220.  IEMA may require the ESDA to include additional Hazard Specific annexes in the EOP, if IEMA determines that those annexes are necessary preparation for protection of the public peace, health and safety in the event of a disaster.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.260  Other Annexes (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.280  Supporting Plans

 

a)         For EOPs due for review on or after September 1, 2020, ESDAs shall have a recovery plan that addresses short- and long-term recovery priorities and provides guidance for restoration of critical community functions, services, vital resources, facilities, programs, and infrastructure to the affected area.

 

b)         For EOPs due for review on or after September 1, 2020, ESDAs shall have a continuity of operations plan (COOP) that describes how the ESDA's essential functions will be continued and recovered in an emergency or disaster.  The plan shall identify essential positions and lines of succession, and provide for the protection or safeguarding of critical applications, communications resources, vital records/databases, process and functions that must be maintained during response activities and identify and prioritize applications, records, processes and functions to be recovered if lost.

 

c)         For EOPs due for review on or after September 1, 2020, ESDAs shall have a continuity of government (COG) plan that identifies the jurisdiction's leadership succession authorities and addresses how the ESDA will support the preservation, maintenance or reconstitution of the jurisdiction's constitutional responsibilities. The plan shall include identification of succession of leadership, delegation of emergency authority, and command and control.

 

d)         The plans required in subsections (a) through (c) may be separate plans, included within the basic plan, or contained in annexes.

 

(Source:  Added at 42 Ill. Reg. 15933, effective July 31, 2018)

SUBPART C: EMERGENCY OPERATIONS PLAN SUBMISSION AND REVIEW REQUIREMENTS

 

Section 301.310  EOP Submission and Review Requirements for Mandated ESDAs and Accredited ESDAs

 

a)         Each mandated ESDA and each ESDA eligible for and seeking accreditation pursuant to Section 301.510 shall submit to IEMA for review and approval an emergency operations plan for their geographic boundaries that complies with the planning standards of this Part.

 

            AGENCY NOTE:  For review of EOPs, "approval" means that IEMA has determined that the requirements specified in this Part have been included in the plan. 

 

b)         The principal executive officer of the political subdivision and the ESDA coordinator shall review and approve the EOP submission prior to the submission to IEMA.  The EOP submission shall include a statement, signed by the principal executive officer and the ESDA coordinator, that the plan has been reviewed and approved by all departments or organizations with assigned emergency responsibilities.

 

c)         Each ESDA should review and update its EOP at least annually, except the ESDA shall review and update the Hazardous Materials annex to the EOP based on changes provided by the LEPC as a result of the LEPC's annual review of its chemical emergency response plan.  A review and update should be considered by the ESDA at a lesser interval for any circumstances that impact the jurisdiction and the functions described in the EOP.

 

d)         Each ESDA shall submit a copy of its EOP to IEMA in accordance with the review schedule established by IEMA.

 

            AGENCY NOTE:  Written notification shall be given to IEMA of any revisions to the EOP made during those periods of time where the ESDA's EOP is not due for review by IEMA.

 

e)         IEMA shall review the plan and give written notification to the ESDA of IEMA approval or disapproval of the EOP in accordance with the planning standards set forth in this Part.

 

f)         If the EOP is disapproved, IEMA shall provide a written list of deficiencies and suggested means of remediation to the ESDA.  The ESDA has 60 calendar days after receipt of the disapproval to remediate the plan and resubmit it to IEMA. IEMA may arrange for technical assistance in remediating the plan.

 

g)         IEMA shall notify the ESDA and the principal executive officer of the political subdivision of its final determination of approval or disapproval.

 

h)         Upon approval of the EOP, IEMA will retain a copy of the approved plan in the IEMA regional office.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.320  EOP Submission and Review Requirements for Non-Mandated ESDAs

 

a)         Except for those non-mandated ESDAs eligible for and seeking accreditation pursuant to Section 301.510, each non-mandated ESDA shall biennially submit to the county or multiple county ESDA serving the county in which the non-mandated ESDA is located, for acceptance by the county or multiple county ESDA, an EOP for its geographic boundaries that complies with the planning standards.  The county or multiple county ESDA shall send a letter of acceptance or non-acceptance to the non-mandated ESDA.

 

b)         For non-mandated ESDAs eligible for and seeking accreditation pursuant to Section 301.510, the EOP submission and review requirements of Section 301.310 shall apply.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

SUBPART D: EXERCISE REQUIREMENTS

 

Section 301.410  Exercise Requirements for the Emergency Operations Plan

 

a)         The ESDA shall have a documented exercise program for its EOP and conduct or participate in an IEMA-approved exercise for hazards identified through the processes set forth in Section 301.220, and exercise all core capabilities, within a four-year cycle beginning with IEMA's approval of the EOP, including at least one full-scale exercise.

 

b)         The ESDA shall have a process for corrective actions to prioritize and track the resolution of deficiencies in exercise events.  Corrective actions identified in the process shall be used to revise relevant plans.

 

c)         The ESDA may combine hazards and core capabilities into one or more exercises and must submit required documentation to IEMA for approval pursuant to Sections 301.420 and 301.430.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.420  Exercise Planning

 

a)         The ESDA coordinator shall select an exercise design team and exercise design team leader for each exercise.

 

b)         The ESDA coordinator should submit to IEMA for design approval, at least 30 days, or 60 days if State assistance is being requested, in advance of the exercise, a description of:

 

1)         The type of exercise and exercise date;

 

2)         The exercise scenario;

 

3)         The scope of participation;

 

4)         The exercise objectives, meaning the ends toward which exercise efforts are directed; and

 

5)         The EOP functional areas and core capabilities being tested.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.430  Exercise Evaluation and Approval for Mandated ESDAs and Accredited ESDAs

 

a)         IEMA shall coordinate the evaluation of the exercise for mandated ESDAs and for accredited ESDAs.

 

b)         IEMA shall determine if the exercise is approved in accordance with FEMA's Homeland Security Exercise and Evaluation Program (HSEEP)  and issue to the ESDA written notice of the determination within 14 days.

 

c)         If the exercise is not approved, the ESDA shall, within 45 days after receipt of the IEMA determination of disapproval:

 

1)         Plan a suitable corrective exercise to correct the deficiencies identified by the evaluation;

 

2)         Notify IEMA no less than 10 days in advance of the corrective exercise; and

 

3)         Have IEMA coordinate the evaluation of the corrective exercise.

 

d)         IEMA shall determine if the corrective exercise is approved in accordance with HSEEP and shall issue the final IEMA determination by written notice, within 45 days after completion of the corrective exercise, to the ESDA and to the principal executive officer of the political subdivision.

 

e)         In the event that the ESDA fails to obtain IEMA approval of an exercise within the time frames established in this Subpart, IEMA may coordinate the planning and conducting of an exercise that complies with the exercise requirements of this Part in order to fulfill the IEMA mission of ensuring statewide disaster preparedness.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.440  Exercise Evaluation and Acceptance for Non-Mandated ESDAs

 

a)         Except for those non-mandated ESDAs eligible for and seeking accreditation pursuant to Section 301.510, each non-mandated ESDA shall:

 

1)         Coordinate the approval and evaluation of the exercise in accordance with FEMA's Homeland Security Exercise and Evaluation Program (HSEEP); and

 

2)         Submit documentation at least 45 days in advance of the exercise and evaluation to the county or multiple county ESDA serving the county in which the non-mandated ESDA is located, for acceptance by the county or multiple county ESDA.  The county or multiple county ESDA shall send a letter of acceptance or non-acceptance to the non-mandated ESDA. If the exercise and evaluation is not accepted by the county or multiple county ESDA, and upon request of the non-mandated ESDA, IEMA may provide professional and technical exercise assistance, through the county or multiple county ESDA serving the county in which the non-mandated ESDA is located.

 

b)         For non-mandated ESDAs eligible for and seeking accreditation pursuant to Section 301.510, the exercise evaluation and approval requirements of Section 301.430 shall apply.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.450  Waiver of Exercise Requirement

 

a)         If an actual disaster occurs during a jurisdiction's four-year exercise cycle, IEMA, or the county for non-mandated unaccredited ESDAs, has the discretion to waive the requirements of this Subpart.  In addition to a letter requesting a waiver, ESDAs shall submit the following documentation as directed by IEMA or the county, but no later than 60 days prior to the application for accreditation or certification:

 

1)         Mandated ESDAs and non-mandated accredited ESDAs shall submit an After Action Report (AAR) and a Corrective Action/Improvement Plan to their IEMA regional office.  In addition, for information purposes only, non-mandated accredited ESDAs shall also submit the AAR and Corrective Action/Improvement Plan to the county in which they reside.

 

2)         Except for those non-mandated ESDAs accredited pursuant to Section 301.510, non-mandated ESDAs shall submit an AAR and a Corrective Action/Improvement Plan to the county in which they reside.

 

AGENCY NOTE:  Prior to an ESDA submitting the required documents for a waiver, IEMA or the county, as appropriate, shall determine which core capabilities will be evaluated to meet the exercise requirement.

 

b)         The IEMA State Exercise Officer, in conjunction with the respective Regional Coordinator, shall be responsible for evaluating waiver requests for mandated and non-mandated accredited ESDAs.  Counties shall be responsible for evaluating waiver requests for non-mandated unaccredited ESDAs. The AAR and Corrective Action/Improvement Plan shall be evaluated for consistency with HSEEP. The ESDA shall be granted a waiver if its AAR and Corrective Action/Improvement Plan are approved for the core capabilities determined by IEMA or the county, as appropriate, for the specific disaster.

 

c)         The IEMA State Exercise Officer and counties shall provide approvals of waiver requests in writing.

 

(Source:  Amended at 44 Ill. Reg. 17631, effective October 31, 2020)

SUBPART E: ACCREDITATION AND CERTIFICATION OF ESDAS

 

Section 301.510  Accreditation of ESDAs

 

a)         The following ESDAs are eligible to apply for IEMA accreditation:

 

1)         Mandated ESDAs; and

 

2)         Non-mandated ESDAs determined biennially by the IEMA Director, or his/her designee, to have demonstrated justification to IEMA for accreditation eligibility based on the following political subdivision criteria:

 

A)        Heightened, greater than average disaster vulnerability;

 

B)        An increased need for ESDA services in the political subdivision due to all of the following:

 

i)          Population size and concentration;

 

ii)         Insufficiency of county ESDA resources to meet the emergency management needs of the political subdivision; and

 

iii)        A high concentration of emergency management resources in the political subdivision existing prior to the accreditation eligibility review;

 

C)        Evidence that the ESDA coordinator provides to the political subdivision a paid emergency management work effort as coordinator of at least 50% of the political subdivision's standard full-time work week, not including exercise hours; and

 

D)        Documentation of the emergency management services provided to the political subdivision by the ESDA, including, but not limited to, documentation of emergency operations plans, training, exercises, and actual responses, during a minimum of the past 5 years.

 

b)         For IEMA accreditation, eligible applicants, determined in accordance with subsection (a), shall satisfy all of the following requirements:

 

1)         Submit a copy of the political subdivision ordinance creating the ESDA affixed with the official seal by the clerk of the political subdivision.

 

2)         Submit documentation of the ESDA coordinator's Notice of Appointment card.

 

3)         Submit evidence that the political subdivision supports a paid emergency management work effort of at least 50% of the political subdivision's standard full-time work week, not including exercise hours.

 

4)         Submit documentation that:

 

A)        An ESDA coordinator appointed after January 1, 2002 has completed, within 12 months after the date of appointment, the IEMA New Coordinators Workshop Course and the Principles of Emergency Management Course or courses determined by IEMA to be consistent with or at least as stringent as these courses; and

 

B)        After the first year of appointment, or for ESDA coordinators appointed prior to January 1, 2002, the ESDA coordinator has biennially completed 48 hours of professional development training, of which a minimum of 24 hours is IEMA-sponsored professional development training.  The IEMA-sponsored professional development training program shall, at a minimum, be consistent with and at least as stringent as the FEMA Professional Development Series.  Coordinators may receive credit for up to 24 hours of non-IEMA-sponsored professional development training, including, but not limited to, emergency management conferences, independent study courses, college courses or internet courses, but only if such training is consistent with or at least as stringent as training in the IEMA-sponsored professional development training program and is pre-approved for a specific number of credit hours in writing by IEMA prior to the training.

 

5)         Complete an EOP that meets the requirements of Subparts B and C.

 

6)         Conduct an exercise in accordance with the requirements of Subpart D.

 

7)         Complete and submit all current National Incident Management System (NIMS) compliance documents as established by IEMA.

 

c)         The term of accreditation shall be at least two years but not longer than four years, with beginning and ending dates indicated on the accreditation document issued by IEMA.  IEMA may extend an existing term of accreditation as long as the total term of accreditation does not exceed four years.  Eligible ESDA applicants may seek accreditation renewal by satisfying the requirements of subsection (b).

 

d)         IEMA shall issue an accreditation document, including extensions of an existing term of accreditation, under signature of the IEMA Director.

 

(Source:  Amended at 44 Ill. Reg. 17631, effective October 31, 2020)

 

Section 301.520  Certification of Non-Mandated ESDAs

 

a)         Except for those non-mandated ESDAs accredited in accordance with Section 301.510, non-mandated ESDAs may apply to an accredited county or multiple county ESDA serving the county in which the non-mandated ESDA is located, for certification, or to IEMA in the event that no accredited county or multiple county ESDA serves the county in which the non-mandated ESDA is located.  Each accredited county or multiple county ESDA, or IEMA in the event that no accredited county or multiple county ESDA serves the county in which the non-mandated ESDA is located, may issue certification to non-mandated ESDAs located within its geographic boundaries, if the non-mandated ESDAs satisfy the following requirements:

 

1)         Submit a copy of the political subdivision ordinance creating the ESDA affixed with the official seal by the clerk of the political subdivision.

 

2)         Submit documentation of the ESDA coordinator's Notice of Appointment card.

 

3)         Submit documentation that:

 

A)        An ESDA coordinator appointed after January 1, 2002, has completed, within 12 months after the date of appointment, the IEMA New Coordinators Workshop Course and the Principles of Emergency Management Course or courses determined by IEMA to be consistent with or at least as stringent as these courses; and

 

B)        After the first year of appointment, or for ESDA coordinators appointed prior to January 1, 2002, the ESDA coordinator has biennially completed 48 hours of professional development training, of which a minimum of 24 hours is IEMA-sponsored professional development training.  The IEMA-sponsored professional development training program shall, at a minimum, be consistent with and at least as stringent as the FEMA Professional Development Series.  Coordinators may receive credit for up to 24 hours of non-IEMA-sponsored professional development training, including, but not limited to, emergency management conferences, independent study courses, college courses or internet courses, but only if such training is consistent with or at least as stringent as training in the IEMA-sponsored professional development training program and is pre-approved for a specific number of credit hours in writing by IEMA prior to the training.

 

4)         Complete an EOP that meets the requirements of Subparts B and C that is reviewed and accepted by the county or multiple county ESDA in accordance with Section 301.320.

 

5)         Conduct an exercise in accordance with the requirements of Subpart D.

 

b)         The certification term shall be at least two years, but no longer than four years, with beginning and ending dates indicated on the certificate issued by the accredited county or multiple county ESDA under signature of the appropriate jurisdiction.  The existing certification may be extended by the appropriate jurisdiction as long as the total certification does not exceed four years.  The non-mandated ESDA may seek renewal of its certification.

 

(Source:  Amended at 44 Ill. Reg. 17631, effective October 31, 2020)

SUBPART F: WORKERS' COMPENSATION ACT AND WORKERS' OCCUPATIONAL DISEASES ACT COVERAGE FOR VOLUNTEERS

 

Section 301.610  Authority

 

Pursuant to Section 10(k) of the Act, benefits under the Workers' Compensation Act [820 ILCS 305] and Workers' Occupational Diseases Act [820 ILCS 310] are available to volunteers suffering disease, injury or death in specific circumstances for the purpose of encouraging volunteerism during disaster response, disaster exercises, training related to the EOP or specific search-and-rescue team responses, subject to the requirements or conditions set forth in this Subpart.

 

Section 301.620  Eligibility

 

Only a volunteer meeting all of the following requirements is eligible for State coverage under the Workers' Compensation Act or Workers' Occupational Diseases Act:

 

a)         Volunteer, age 18 and above, of IEMA or of an ESDA accredited pursuant to Section 301.510;

 

b)         Volunteer not compensated;

 

c)         Duly qualified through appointment by IEMA or the ESDA to perform disaster response functions consistent with the IEMA Act and the political subdivision's ESDA ordinance;

 

d)         Enrolled (sworn in) in accordance with Section 20 of the Act; and

 

e)         Suffering disease, injury or death while participating in any of the following:

 

1)         Disaster response if:

 

A)        IEMA is notified at the time of disaster response by contacting the IEMA Communications Center at 1-800-782-7860; and

 

B)        The coverage request, on a form prescribed by IEMA, is received by IEMA within 10 calendar days after the disaster response has ended.

 

2)         Disaster exercise or training if:

 

A)        The exercise or training is related to the EOP of IEMA or the political subdivision;

 

B)        The exercise or training is specifically and expressly pre-approved in writing by IEMA for a specific date; and

 

C)        The coverage request, on a form prescribed by IEMA, is received by IEMA at least 5 calendar days, but not more than 30 calendar days, in advance of the planned exercise or training and is placed on the State Exercise or Training Calendar.

 

3)         Search-and-rescue team response if:

 

A)        The search-and-rescue team response is to an occurrence or threat of injury or loss of life that is beyond local response capabilities;

 

B)        The search-and-rescue team response is specifically and expressly requested by IEMA or by the ESDA that appointed and enrolled the search-and-rescue team volunteer and is specifically and expressly approved by IEMA prior to the search-and-rescue team response.  The Director of IEMA shall determine the termination of the approval period.  IEMA shall document its approval and termination on a form prescribed by IEMA; and

 

C)        Each search-and-rescue team volunteer used in the response has completed training appropriate to the function he or she performs during the search-and-rescue team response.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.630  Procedures for Filing A Claim

 

a)         To file a claim for a volunteer under the Workers' Compensation Act or the Workers' Occupational Diseases Act, the accredited ESDA that appointed and enrolled the volunteer shall submit to IEMA, in a timely manner, all of the following:

 

1)         Evidence that the notification or pre-approval requirements of Section 301.620(e) have been satisfied for the disaster response, disaster exercise, training, or search-and-rescue team response;

 

2)         Information provided by the volunteer including:

 

A)        Evidence of immediate notification to the volunteer's supervisor of the disease or injury;

 

B)        Evidence that the volunteer, or a supervisor in the event the volunteer is seriously injured or incapacitated, contacted the early intervention partner prescribed by the Illinois Department of Central Management Services (CMS) at 800-773-3221 immediately after suffering the disease or injury;

 

C)        Completed documentation on the forms prescribed by CMS (available at http://www2.illinois.gov/cms/Employees/benefits /rm/Pages /WorkersCompensation.aspx), including, but not limited to:

 

i)          The Employee's Notice of Injury;

 

ii)         The Initial Workers' Compensation Medical Report;

 

iii)        An Information Release Authorization; and

 

iv)        The Demands of the Job;

 

3)         A Workers Compensation Coverage Request, on a form prescribed by IEMA, submitted by the ESDA coordinator;

 

4)         A copy of the sworn oath taken by the volunteer in accordance with Section 20 of the Act, signed and dated by the volunteer;

 

5)         A Supervisor's Report of Injury or Illness, on a form prescribed by CMS that may be found on the CMS website; and

 

6)         The Workers' Compensation Witness Report, on a form prescribed by CMS that may be found on the CMS website.

 

b)         Completed claims shall be forwarded to CMS for compensation determinations in accordance with requirements of the Workers' Compensation Act and the Workers' Occupational Diseases Act.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

SUBPART G: REQUIREMENTS FOR THE EMERGENCY MANAGEMENT ASSISTANCE GRANT PROGRAM

 

Section 301.710  Purpose

 

IEMA administers the Emergency Management Assistance (EMA) grant program using federal funds to aid in the administration of effective emergency management in the political subdivisions.  Through the program grantees may receive contributions of up to 50 percent of the political subdivision's necessary and essential emergency preparedness ESDA personnel and administrative expenses.

 

Section 301.720  Eligible Applicants

 

ESDAs accredited by IEMA pursuant to Section 301.510 of this Part are eligible to apply for EMA grant funds.

 

Section 301.730  Application Procedures

 

a)         Applicants seeking Emergency Management Assistance (EMA) grant funds shall  submit, within 30 days after notification from IEMA, a completed EMA application packet, in the format prescribed by IEMA, that includes the following:

 

1)         Documentation of current IEMA accreditation to satisfy the eligibility requirement stated in Section 301.720;

 

2)         A completed application form, as prescribed by IEMA, that includes the budget of the applicant's EMA eligible personnel and administrative expenses and an annual work plan; and

 

3)         The requested grant amount.

 

b)         IEMA shall notify applicants of their EMA grant program acceptance or rejection within 45 days after the application deadline.  Accepted applicants are grantees.

 

c)         Grantees for the EMA grant program shall enter into a Grant Agreement with IEMA setting forth the terms of the grant, including the grantee's agreement to satisfy all grant related assurances and certifications required by the State of Illinois and by the United States Government.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.740  Allocation Determination

 

a)         The Director of IEMA shall annually determine the amount of funding available for the EMA grant program prior to the award of any grants, based on the level of funding provided by FEMA.  Such amount shall be allocated annually to EMA grantees by IEMA up to 50 percent of the grantee's political subdivision's eligible EMA expenses, in accordance with the requirements of this Section.

 

b)         To assist ESDAs in accomplishing the basic preparedness requirements of the Act (ESDA coordinators' organization, administration, training, and operation of the ESDA and ESDA development and exercise of the EOP, exclusive of contractor fees), the following EMA fund allocations shall be made:

 

1)         Basic Amount.  A basic amount of funding, as established annually by the Director of IEMA not to exceed 40 percent of the total annual amount available for the EMA grant program determined pursuant to subsection (a), shall annually be allocated equally among all EMA grantees.  However, if a grantee's Basic Amount allocation exceeds the amount requested in the grantee's EMA application, the EMA application amount shall be used as the Basic Amount allocation for that grantee.

 

2)         Population Share. 50 percent of the total EMA grant amount remaining, after the final allocations in subsection (b)(1) have been made, shall annually be allocated among all EMA grantees who have requested an eligible grant amount in excess of the Basic Amount allocation, on a per capita basis according to the most recent census data available through the Illinois Secretary of State's office or, if unavailable, through the U.S. Department of Commerce, Bureau of the Census.  EMA grantees whose geographic borders encompass another EMA grantee's jurisdiction shall have their per capita figures reduced accordingly.  If a grantee's Basic Amount allocation plus Population allocation exceeds the total amount requested in the grantee's EMA application, the EMA application amount shall be used as the final allocation for that grantee.

 

c)         Additional Program Needs – The total EMA grant amount remaining, after the allocations in subsection (b) have been made, shall annually be allocated for ESDA Additional Program Needs. This amount shall be completely allocated among all EMA grantees who have requested an eligible grant amount in excess of the Base Amount plus Population allocation, on a per capita basis according to the most recent census data available through the Illinois Secretary of State's office or, if unavailable, through the U.S. Department of Commerce, Bureau of the Census. EMA grantees whose geographic borders encompass another EMA grantee's jurisdiction shall have their per capita figures reduced accordingly. However, for an Additional Program Needs allocation, the EMA grantee shall present documentation justifying the additional needs request for necessary and essential local emergency preparedness ESDA personnel and administrative purposes including, but not limited to:

 

1)         Additional exercises beyond the biennial EOP exercise;

 

2)         Personnel costs beyond those required for basic preparedness;

 

3)         Mitigation planning and awareness; and

 

4)         Emergency management public awareness efforts.

 

d)         If the grantee's allocation amount calculated under this Section exceeds the amount requested in the EMA application, the EMA application amount shall be used as the final EMA grant amount.

 

e)         IEMA shall monitor the expenditure of allocated EMA funds and may reallocate unobligated funds, among all EMA grantees who have requested an eligible grant amount in excess of the allocation determined in accordance with subsections (b) and (c) of this Section, on a per capita basis according to the most recent census data available through the Illinois Secretary of State's office or, if unavailable, through the U.S. Department of Commerce, Bureau of the Census. EMA grantees whose geographic borders encompass another EMA grantee's jurisdiction shall have their per capita figures reduced accordingly.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.750  Reimbursement Procedures

 

a)         Reimbursement for eligible expenses is available to grantees up to the amount of the grantee's annual EMA grant amount determined in accordance with Section 301.740.  However, reimbursements under the EMA grant program shall not exceed 50 percent of the dollar amount spent on the requested reimbursement by the grantee's political subdivision.  Prior approval from IEMA is required for requested reimbursement expenses not included in the political subdivision budget submitted in the grantee's original EMA application pursuant to Section 301.730.

 

b)         Eligible expenses for reimbursement are reasonable expenses in the categories listed on the Eligible Expenses form prescribed by IEMA as eligible expenses and any other reasonable expenses approved by IEMA through the application and allocation process of this Subpart. However, none of the ineligible expenses on the Ineligible Expense form prescribed by IEMA are reimbursable.

 

c)         Grantees who have a signed EMA grant agreement with IEMA may apply to IEMA for reimbursement of eligible expenses on a quarterly basis by submitting to IEMA, no later than 30 calendar days after the last day of the preceding quarter, unless an extension has been pre-approved by IEMA, the following:

 

1)         A list and documentation of incurred expenses for which reimbursement is being requested in a format prescribed or authorized by IEMA.  IEMA may request additional documentation to validate the claim.

 

2)         A narrative quarterly report describing the ESDA's specific actions accomplished during the quarter for which reimbursement is being requested.

 

d)         IEMA may deny a reimbursement request if the grantee fails to comply with any of the requirements of this Part.  If denying a reimbursement request, IEMA shall notify the grantee in the grants management system or successor systems.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)

 

Section 301.760  Reconsideration of Reimbursement Denial

 

a)         A grantee may request reconsideration of a reimbursement denial by sending a written reconsideration request to the IEMA manager of the EMA grant program within 15 days after the reimbursement denial. The reconsideration request shall include:

 

1)         Specific identification of the item or submission for which reimbursement was denied;

 

2)         The basis for the requested reconsideration; and

 

3)         Documentation or exhibits to support the requested reconsideration.

 

b)         Upon receipt of the reconsideration request, the manager of the EMA grant program shall review the original decision, the reconsideration request and all relevant documentation or exhibits.  The manager of the EMA grant program shall notify the grantee in writing of his or her reconsideration decision and rationale.

 

c)         If the grantee seeks further review of the reimbursement decision, the grantee may request a final reconsideration by the Director of IEMA by sending a written reconsideration request to the Director of IEMA within 15 days after receipt of the EMA manager's decision in subsection (b).  The Director shall issue a final reimbursement decision.

 

(Source:  Amended at 42 Ill. Reg. 15933, effective July 31, 2018)