(a) There is created a fund within the state treasury to be known as the governor's response and recovery fund. The fund consists of grants, appropriations by the general assembly, loan repayments, federal funds, to the extent permitted by federal law and regulation, and any other moneys made available to the department of TEMA for the purposes of such fund from any other source or sources. Moneys deposited in the fund must be invested for the benefit of the fund pursuant to § 9-4-603; provided, however, that some or all interest earnings may be transferred to the Hurricane Helene interest payment fund created pursuant to § 9-4-215. Moneys in the governor's response and recovery fund must not revert to the general fund but must remain available to be used by the department of TEMA exclusively for the purposes specified in subsection (b). The director of the department of TEMA may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in order to ensure the funds are received and expended for the purposes consistent with subsection (b).
(b) The purpose of the governor's response and recovery fund is to respond to, or recover from, an emergency, as defined in § 58-2-101, including, but not limited to, the following:(1) Agricultural recovery efforts related to an emergency;(2) Unemployment assistance related to an emergency; and(3) Business recovery assistance related to an emergency.
(1) Agricultural recovery efforts related to an emergency;
(2) Unemployment assistance related to an emergency; and
(3) Business recovery assistance related to an emergency.
(c) (1) In addition to subsection (b), the governor's response and recovery fund may be used to provide monies to eligible local governmental entities and to eligible individuals in qualifying counties following an emergency or disaster, subject to subsection (d).(2) As used in this section:(A) “Eligible individual in a qualifying county” means an individual who resides in a county where the county government or metropolitan government has declared a state of emergency and who demonstrates:(i) Tennessee residency and lawful presence in the United States, as determined by the department of TEMA's procedures; and(ii) Proof of loss or need, as determined by the department of TEMA's procedures; and(B) “Eligible local governmental entity” means a county, city, municipality, metropolitan government, or local education agency.
(1) In addition to subsection (b), the governor's response and recovery fund may be used to provide monies to eligible local governmental entities and to eligible individuals in qualifying counties following an emergency or disaster, subject to subsection (d).
(2) As used in this section:(A) “Eligible individual in a qualifying county” means an individual who resides in a county where the county government or metropolitan government has declared a state of emergency and who demonstrates:(i) Tennessee residency and lawful presence in the United States, as determined by the department of TEMA's procedures; and(ii) Proof of loss or need, as determined by the department of TEMA's procedures; and(B) “Eligible local governmental entity” means a county, city, municipality, metropolitan government, or local education agency.
(A) “Eligible individual in a qualifying county” means an individual who resides in a county where the county government or metropolitan government has declared a state of emergency and who demonstrates:(i) Tennessee residency and lawful presence in the United States, as determined by the department of TEMA's procedures; and(ii) Proof of loss or need, as determined by the department of TEMA's procedures; and
(i) Tennessee residency and lawful presence in the United States, as determined by the department of TEMA's procedures; and
(ii) Proof of loss or need, as determined by the department of TEMA's procedures; and
(B) “Eligible local governmental entity” means a county, city, municipality, metropolitan government, or local education agency.
(d) (1) Monies from this fund may be made available as a grant or a loan to an eligible local governmental entity only if the following conditions are met:(A) The governor has declared a state of emergency or issued a disaster declaration, pursuant to § 58-2-107(b)(1)(A);(B) The local jurisdiction where the eligible local governmental entity is located has declared a state of emergency;(C) Federal assistance under the Stafford Act (42 U.S.C. § 5121 et seq.), is unavailable or does not adequately meet the needs of the eligible local governmental entity;(D) Eligible costs, as determined by the department of TEMA, sustained within a county exceed the most recent countywide per capita impact indicator published by the department of TEMA on its website; and(E) The chief elected official of the local jurisdiction where the eligible local governmental entity is located submits a written request to the director of the department of TEMA for the monies and shows that the other requirements under this subdivision (d)(1) are satisfied.(2) Monies from this fund may be used to provide individual assistance to an eligible individual in a qualifying county only if the following conditions are met:(A) The governor has declared a state of emergency or issued a disaster declaration, pursuant to § 58-2-107(b)(1)(A);(B) State damage totals from the emergency or disaster are unlikely to meet the federal emergency management agency threshold for individual assistance through a major disaster declaration, as determined by the director of the department of TEMA or the director's designee;(C) Eligible costs, as determined by the department of TEMA, sustained within a county exceed an amount to be determined by the department of TEMA. Damage to public property is not an eligible cost; and(D) The chief elected official of the local jurisdiction submits a written letter to the director of the department of TEMA requesting that aid to eligible individuals be made available and shows that the requirements under this subdivision (d)(2) are satisfied.(3) Monies from this fund may be expended to cover any portion of a loss or need consistent with this section; provided, that such portion is not otherwise eligible for coverage through an insurance provider or another federal, state, or local government entity; and provided, that assistance has not already been provided for such portion from any source.(4) An eligible local governmental entity receiving monies under subdivision (d)(1) shall use procurement methods authorized under 2 CFR Part 200.(5) Monies received by an eligible local governmental entity under subdivision (d)(1) may only be used on the following types of projects:(A) The removal of debris, which includes clearing, removing, and disposing of debris. Debris may include damaged automobiles and aquatic vessels, as well as vegetative debris, construction and demolition debris, sand, dirt, gravel, pebbles, and boulders;(B) The use of emergency protective measures to eliminate or reduce immediate threats to life, public health, or safety;(C) The elimination or reduction of immediate threats of significant additional damage to improved public or private property;(D) The repair or replacement of roads, bridges, and other transportation infrastructure;(E) The repair or replacement of buildings, including structural and nonstructural components such as mechanical, electrical, and plumbing systems;(F) The repair or replacement of equipment, including vehicles and construction machinery; and(G) The repair or replacement of public utilities, including water storage facilities, sewage collection, and power and communication systems.(6) Projects described in subdivision (d)(5) must be completed within eighteen (18) months of the date the department of TEMA awarded the monies, unless an extension has been granted by the agency. Otherwise, costs incurred after eighteen (18) months are not eligible for reimbursement.(7) If monies are made available in the form of a grant for projects described in subdivision (d)(5), then such grant must have a local cost share that corresponds with the department of economic and community development's index of county economic status. The portion of the cost for which the eligible local governmental entity is responsible must be determined by the county's economic status on the date the emergency or disaster began, as follows:(A) Attainment - fifty percent (50%);(B) Competitive - forty percent (40%);(C) Transitional - thirty percent (30%);(D) At-Risk - twenty percent (20%); and(E) Distressed - twelve and one-half percent (12.5%).(8) Subdivision (d)(7) does not prohibit the governor from waiving all or part of the required local cost share.(9) Loan repayments must become part of the fund and remain available for the purposes described in this section.(10) Monies from this fund must not be used to cover any portion of an insurance deductible.(11) Within one hundred twenty (120) days from the date of approval for monies under subdivision (d)(1), an eligible local governmental entity must have full coverage for all-risk property insurance and for flood insurance. The director of the department of TEMA may extend this deadline upon a showing of reasonable need.
(1) Monies from this fund may be made available as a grant or a loan to an eligible local governmental entity only if the following conditions are met:(A) The governor has declared a state of emergency or issued a disaster declaration, pursuant to § 58-2-107(b)(1)(A);(B) The local jurisdiction where the eligible local governmental entity is located has declared a state of emergency;(C) Federal assistance under the Stafford Act (42 U.S.C. § 5121 et seq.), is unavailable or does not adequately meet the needs of the eligible local governmental entity;(D) Eligible costs, as determined by the department of TEMA, sustained within a county exceed the most recent countywide per capita impact indicator published by the department of TEMA on its website; and(E) The chief elected official of the local jurisdiction where the eligible local governmental entity is located submits a written request to the director of the department of TEMA for the monies and shows that the other requirements under this subdivision (d)(1) are satisfied.
(A) The governor has declared a state of emergency or issued a disaster declaration, pursuant to § 58-2-107(b)(1)(A);
(B) The local jurisdiction where the eligible local governmental entity is located has declared a state of emergency;
(C) Federal assistance under the Stafford Act (42 U.S.C. § 5121 et seq.), is unavailable or does not adequately meet the needs of the eligible local governmental entity;
(D) Eligible costs, as determined by the department of TEMA, sustained within a county exceed the most recent countywide per capita impact indicator published by the department of TEMA on its website; and
(E) The chief elected official of the local jurisdiction where the eligible local governmental entity is located submits a written request to the director of the department of TEMA for the monies and shows that the other requirements under this subdivision (d)(1) are satisfied.
(2) Monies from this fund may be used to provide individual assistance to an eligible individual in a qualifying county only if the following conditions are met:(A) The governor has declared a state of emergency or issued a disaster declaration, pursuant to § 58-2-107(b)(1)(A);(B) State damage totals from the emergency or disaster are unlikely to meet the federal emergency management agency threshold for individual assistance through a major disaster declaration, as determined by the director of the department of TEMA or the director's designee;(C) Eligible costs, as determined by the department of TEMA, sustained within a county exceed an amount to be determined by the department of TEMA. Damage to public property is not an eligible cost; and(D) The chief elected official of the local jurisdiction submits a written letter to the director of the department of TEMA requesting that aid to eligible individuals be made available and shows that the requirements under this subdivision (d)(2) are satisfied.
(A) The governor has declared a state of emergency or issued a disaster declaration, pursuant to § 58-2-107(b)(1)(A);
(B) State damage totals from the emergency or disaster are unlikely to meet the federal emergency management agency threshold for individual assistance through a major disaster declaration, as determined by the director of the department of TEMA or the director's designee;
(C) Eligible costs, as determined by the department of TEMA, sustained within a county exceed an amount to be determined by the department of TEMA. Damage to public property is not an eligible cost; and
(D) The chief elected official of the local jurisdiction submits a written letter to the director of the department of TEMA requesting that aid to eligible individuals be made available and shows that the requirements under this subdivision (d)(2) are satisfied.
(3) Monies from this fund may be expended to cover any portion of a loss or need consistent with this section; provided, that such portion is not otherwise eligible for coverage through an insurance provider or another federal, state, or local government entity; and provided, that assistance has not already been provided for such portion from any source.
(4) An eligible local governmental entity receiving monies under subdivision (d)(1) shall use procurement methods authorized under 2 CFR Part 200.
(5) Monies received by an eligible local governmental entity under subdivision (d)(1) may only be used on the following types of projects:(A) The removal of debris, which includes clearing, removing, and disposing of debris. Debris may include damaged automobiles and aquatic vessels, as well as vegetative debris, construction and demolition debris, sand, dirt, gravel, pebbles, and boulders;(B) The use of emergency protective measures to eliminate or reduce immediate threats to life, public health, or safety;(C) The elimination or reduction of immediate threats of significant additional damage to improved public or private property;(D) The repair or replacement of roads, bridges, and other transportation infrastructure;(E) The repair or replacement of buildings, including structural and nonstructural components such as mechanical, electrical, and plumbing systems;(F) The repair or replacement of equipment, including vehicles and construction machinery; and(G) The repair or replacement of public utilities, including water storage facilities, sewage collection, and power and communication systems.
(A) The removal of debris, which includes clearing, removing, and disposing of debris. Debris may include damaged automobiles and aquatic vessels, as well as vegetative debris, construction and demolition debris, sand, dirt, gravel, pebbles, and boulders;
(B) The use of emergency protective measures to eliminate or reduce immediate threats to life, public health, or safety;
(C) The elimination or reduction of immediate threats of significant additional damage to improved public or private property;
(D) The repair or replacement of roads, bridges, and other transportation infrastructure;
(E) The repair or replacement of buildings, including structural and nonstructural components such as mechanical, electrical, and plumbing systems;
(F) The repair or replacement of equipment, including vehicles and construction machinery; and
(G) The repair or replacement of public utilities, including water storage facilities, sewage collection, and power and communication systems.
(6) Projects described in subdivision (d)(5) must be completed within eighteen (18) months of the date the department of TEMA awarded the monies, unless an extension has been granted by the agency. Otherwise, costs incurred after eighteen (18) months are not eligible for reimbursement.
(7) If monies are made available in the form of a grant for projects described in subdivision (d)(5), then such grant must have a local cost share that corresponds with the department of economic and community development's index of county economic status. The portion of the cost for which the eligible local governmental entity is responsible must be determined by the county's economic status on the date the emergency or disaster began, as follows:(A) Attainment - fifty percent (50%);(B) Competitive - forty percent (40%);(C) Transitional - thirty percent (30%);(D) At-Risk - twenty percent (20%); and(E) Distressed - twelve and one-half percent (12.5%).
(A) Attainment - fifty percent (50%);
(B) Competitive - forty percent (40%);
(C) Transitional - thirty percent (30%);
(D) At-Risk - twenty percent (20%); and
(E) Distressed - twelve and one-half percent (12.5%).
(8) Subdivision (d)(7) does not prohibit the governor from waiving all or part of the required local cost share.
(9) Loan repayments must become part of the fund and remain available for the purposes described in this section.
(10) Monies from this fund must not be used to cover any portion of an insurance deductible.
(11) Within one hundred twenty (120) days from the date of approval for monies under subdivision (d)(1), an eligible local governmental entity must have full coverage for all-risk property insurance and for flood insurance. The director of the department of TEMA may extend this deadline upon a showing of reasonable need.
(e) At least annually, the department of TEMA shall submit to the chair of the finance, ways and means committee of the senate and the chair of the committee in the house of representatives having jurisdiction over matters related to public funds a report stating the amount expended from the fund in the past year, the purposes for which the money was expended, and the amount remaining in the fund.