NOTICES
DEPARTMENT OF AGRICULTURE
Dog Law Grant Program; Fiscal Year 2012-2013
[42 Pa.B. 1248]
[Saturday, March 10, 2012]
The Department of Agriculture (Department) gives notice that the Grant Program (Program) that will run this year will run from July 1, 2012, through June 30, 2013, and will award up to $250,000 in grants. The Program will award bill reimbursement grants to humane societies or associations for the prevention of cruelty to animals that meet the guidelines and conditions of this Program. Recipients of funds under this Program may not make any claim or request for fees under 7 Pa. Code § 25.1 (relating to general) for holding and disposing. The Program will be funded from the Dog Law Restricted Account, from funds which are hereby declared to be ''surplus'' funds for the limited purposes set forth in section 1002(b) of the Dog Law (3 P. S. § 459-1002(b)).
The Department hereby gives notice that although it proposes the Program for Fiscal Year 2012-2013, there will not likely be a similar program after June 30, 2013. Humane societies or associations for the prevention of cruelty to animals are hereby provided notice of this fact and—for budgeting and financial planning purposes—should proceed with the knowledge that the Department will not likely be offering a similar version of the Program after June 30, 2013, or, at best, will be offering a significantly scaled-back version of the Program.
A proposed version of these guidelines and conditions was published at 42 Pa.B. 565 (January 28, 2012). The Department invited public and legislative review of these proposed guidelines and conditions in accordance with 7 Pa. Code § 23.4 (relating to guidelines and conditions). The Department received comments from the Bucks County Society for the Prevention of Cruelty to Animals (SPCA) and the Federated Humane Societies of Pennsylvania jointly suggesting additions to subsection 2(c) regarding eligibility. Specifically, the Bucks County SPCA and the Federated Humane Societies of Pennsylvania jointly suggested adding to the eligibility requirements that a humane society or association for the prevention of cruelty to animals is eligible to apply to receive a grant under the Program if that humane society or association for the prevention of cruelty to animals: Has, in the performance of its dog control functions, accepted at least 100 stray or unwanted dogs from this Commonwealth into its facility within the year immediately preceding the application date. The Department has reviewed and adopted this addition. The Department has received additional inquiries from another commentator which does not go to the substance of the guidelines and conditions and which will be answered directly by the Department.
The guidelines and conditions for the Program are set as follows.
Guidelines and Conditions for the
Fiscal Year 2012-2013 Dog Law Grant Program
1. Definitions.
The following words and terms, when used in these guidelines and conditions, have the following meanings:
Department—The Department of Agriculture.
Dog control—The apprehending, holding and disposing of stray or unwanted dogs, or as otherwise defined in the Dog Law (3 P. S. § 459-102).
Eligible Bill—A document seeking payment for materials, services (other than veterinary services and spaying/neutering services) or utilities from a grant recipient, setting forth the following:
i. The date the document is issued.
ii. The name and address of the humane society or association for the prevention of cruelty to animals to which the bill is issued.
iii. If for materials, a description of the materials and the date of delivery. Invoices and/or receipts for materials must set forth or be accompanied by a written description of the intended use of the material and the date the material is used. Materials may not include computers, computer equipment or software. Examples of eligible materials include the following:
◦ Cleaning supplies.
◦ Office supplies—typical supplies used to carry on daily office duties.
◦ Materials for building and repair projects.
◦ Purchases of medication, needles, and the like.
iv. If for services, the services must be other than veterinary services or spaying/neutering services, and shall include a description of the nature of the services and the dates upon which the services were rendered. Examples of services include the following:
◦ Labor charges with respect to which the invoice details the exact service performed and the date of performance.
◦ Cremation services with respect to which the invoice either verifies that only dogs were cremated or—in the event that animals other than dogs were cremated—separates the dogs from those other animals and identifies a charge attributable to only the cremation of the dogs.
◦ Exterminator services with respect to which the invoice identifies the date of the service and identifies location of the service.
◦ Property, casualty and liability insurance services (excluding workers compensation insurance).
v. If for utilities (such as electricity, water, sewer, waste disposal and similar purposes), a statement of the period for which the utility, for which payment is sought, was provided.
vi. The name, address and telephone number of the entity issuing the invoice or receipt.
Humane society or association for the prevention of cruelty to animals (SPCA)—A nonprofit society or association duly incorporated under 15 Pa.C.S. Chapter 53, Subchapter A (relating to incorporation generally) for the purpose of prevention of cruelty to animals, or as otherwise defined in the Dog Law (3 P. S. § 459-102).
Program—The July 1, 2012 through June 30, 2013 Dog Law Grant Program.
2. Eligibility.
A humane society or association for the prevention of cruelty to animals is eligible to apply to receive a grant under the Program if that humane society or association for the prevention of cruelty to animals:
a. Has been in operation for at least 1 year immediately preceding the application date.
b. Has performed dog control functions for at least 1 year immediately preceding the application date.
c. Has, in the performance of its dog control functions, accepted at least 100 stray or unwanted dogs from this Commonwealth into its facility within the year immediately preceding the application date.
d. Agrees—as a condition of receiving any grant money under the Program—to continue to perform dog control activities and to accept stray or unwanted dogs from the Department's State Dog Wardens performing dog control functions, through June 30, 2013.
e. Agrees—as a condition of receiving any grant money under the Program—to accept stray or unwanted dogs as described in the preceding paragraph without regard to whether the stray or unwanted dog originates from a county other than the county in which the humane society or association for the prevention of cruelty to animals is located.
f. Maintains a valid Pennsylvania 2012 and 2013 ''Non Profit'' kennel license, and operates only a nonprofit kennel at the facility for which grant reimbursement is requested. Facilities which house kennel operations other than a nonprofit facility (that is, boarding kennel and/or commercial kennel) at the same location are not eligible to participate in this program.
3. Use of Grant Funds.
The Department will allocate a specific maximum grant amount to a successful grant applicant through a written grant agreement. This maximum grant amount will be specified in the grant agreement.
The maximum grant amount will be retained by the Department and used to reimburse the grant recipient for eligible bills the grant recipient has paid with respect to materials, services or utilities provided to the grant recipient from July 1, 2012, through June 30, 2013. The total reimbursement the Department will pay a grant recipient will not exceed the maximum grant amount. Any money remaining in a grant allocation beyond the termination date of the grant agreement will lapse into the Dog Law Restricted Account. If a bill covers materials, services or utilities provided, in whole or in part, before July 1, 2012, or after June 30, 2013, that bill is not an eligible bill and will not be reimbursed by the Department under the Program.
4. Application Process.
a. Application required. A humane society or association for the prevention of cruelty to animals seeking a grant under the Program must complete a written application form and deliver it to the Department no later than 30 days from the date this notice is published in the Pennsylvania Bulletin. Applications received by the Department beyond that date will not be considered.
b. Obtaining an application form. The Department will provide grant application forms upon request, or the application may be downloaded from the Department's web site: www.agriculture.state.pa.us.
Requests for application forms should be directed to Lynn Diehl, Director, Dog Law Enforcement Office, Department of Agriculture, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 787-4833, fax (717) 772-4352.
c. Contents of grant application form. A grant application form shall require the following information:
i. The name and address of the applicant.
ii. Information to verify that the applicant is a humane society or association for the prevention of cruelty to animals and otherwise meets the eligibility requirements set forth in paragraph 2.
iii. The maximum grant amount sought by the applicant.
iv. A description of the eligible bills for which the grant applicant intends to seek reimbursement, including a description (and copies, if available) of bills received by the applicant in 2011 for the same type of materials, services (other than veterinary services and spaying/neutering services) or utilities for which reimbursement will be sought under the grant agreement.
v. Verification that, in the event a grant is awarded, the applicant will continue to perform dog control activities, and to accept stray or unwanted dogs from the Department's State Dog Wardens performing dog control functions, through the Fiscal Year 2012-2013.
vi. Other information as the Department might reasonably require.
5. Review and approval of grant application.
a. Review and notification. The Department will review each timely grant application and provide the applicant written notification of whether the Department awards the grant, denies the grant or awards a grant in some amount less than the applicant sought.
b. Review criteria. The Department will consider the following, among other factors, in determining whether to award a grant application:
i. The number of applications received and the availability of funds for the grants sought.
ii. The relative contribution of the applicant to dog control activities in the area it serves.
iii. The relative contribution of the applicant to dog control as compared to the relative contribution of other applicants.
iv. The relative importance of the grant to the continued operation of the applicant's dog control facility.
v. The expense or logistical difficulty the Department would encounter if the applicant's dog control facility was no longer in operation.
vi. The relative contribution of the applicant in terms of the number of stay or unwanted dogs it accepts from the Department's State Dog Wardens performing dog control functions.
6. Grant agreement.
a. Grant agreement required. A successful grant applicant must execute a grant agreement with the Department, setting forth the terms and conditions under which the grant money will be used by the Department to reimburse the grant recipient for payment of eligible bills.
b. Reimbursement requests. The grant agreement will set forth the exact procedure by which a grant recipient shall seek reimbursement from the Department for payment of eligible bills. The basic reimbursement request procedure will be as follows:
By January 15, 2013, the grant recipient will: (1) deliver copies of the eligible bills it has paid between July 1, 2012, and December 31, 2012; (2) verify that these bills have been paid and are eligible for reimbursement; and (3) provide a detailed report of the dog control activities performed by the successful applicant during the referenced 6-month period.
By July 15, 2013, the grant recipient will: (1) deliver copies of the eligible bills it has paid between January 1, 2013, and June 30, 2013; (2) verify that these bills have been paid and are eligible for reimbursement; and (3) provide a detailed report of the dog control activities performed by the successful applicant during the referenced 6-month period.
c. Payment by the Department. The Department will reimburse a grant recipient for eligible bills within 60 days of receiving a complete and timely reimbursement request.
d. Termination. The Department may terminate a grant agreement at any time by providing the grant recipient written notice of termination at the address set forth on the grant application.
GEORGE D. GREIG,
Secretary
[Pa.B. Doc. No. 12-404. Filed for public inspection March 9, 2012, 9:00 a.m.]
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