Community and Culture, Housing and Community Development

Rule R199-8

Permanent Community Impact Fund Board Review and Approval of Applications for Funding Assistance

Notice of Proposed Rule

(Amendment)

DAR File No.: 34135
Filed: 10/05/2010 03:29:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is two fold: 1) allows the chairman to reschedule or cancel Community Impact Fund Board (CIB) meetings; and 2) moves a required submission date from December 1st to April 1st to more closely align the CIB program year with the state fiscal year.

Summary of the rule or change:

There are two proposed changes: 1) CIB meetings may be rescheduled or canceled by the chairman in addition to formal motion of the Board; and 2) the submission date of the Local Capital Improvement Lists is moved from December 1st to April 1st to align certain portions of the CIB's program year with the state fiscal year.

State statutory or constitutional authorization for this rule:

• Section 9-4-305

Anticipated cost or savings to:

the state budget:

There will be no cost to the state budget associated with the proposed amendment. The proposed amendment deals with: 1) rescheduling or cancellation of CIB meetings by the chairman, as well as by motion of the board; and 2) the submission date for the Local Capital Improvement Lists is moved from December 1st to April 1st to align the CIB's program year with the state fiscal year.

local governments:

There will be no cost to local governments associated with the proposed amendment. The proposed amendment deals with: 1) rescheduling or cancellation of CIB meetings by the chairman, as well as by motion of the board; and 2) the submission date for the Local Capital Improvement Lists is moved from December 1st to April 1st to align the CIB's program year with the state fiscal year.

small businesses:

There will be no impacts from the proposed amendment on small businesses. Small businesses are ineligible for financial assistance from the CIB.

persons other than small businesses, businesses, or local governmental entities:

There will be no impacts from the proposed amendment on persons other than small businesses, businesses, or local governmental entities. Such persons are ineligible for financial assistance from the CIB.

Compliance costs for affected persons:

There will be no cost of compliance associated with the proposed amendment. The proposed amendment deals with: 1) rescheduling or cancellation of CIB meetings by the chairman, as well as by motion of the board; and 2) the submission date for the Local Capital Improvement Lists is moved from December 1st to April 1st to align the CIB's program year with the state fiscal year.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no impacts from the proposed amendment on businesses. Businesses are ineligible for financial assistance from the CIB.

Michael Hansen, Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Community and Culture
Housing and Community Development
324 S STATE ST
SALT LAKE CITY, UT 84111-2388

Direct questions regarding this rule to:

• Keith Burnett at the above address, by phone at 801-538-8725, by FAX at 801-538-8888, or by Internet E-mail at kjburnett@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2010

This rule may become effective on:

12/08/2010

Authorized by:

Michael Hansen, Interim Executive Director

R199. Community and Culture, Housing and Community Development.

R199-8. Permanent Community Impact Fund Board Review and Approval of Applications for Funding Assistance.

R199-8-4. Board Review Procedures.

A. The Board will review applications and authorize funding assistance on a "Trimester" basis. The initial meetings of each "Trimester" are "Project Review Meetings". The final meeting of each "Trimester" is the "Project Funding Meeting". Board meetings shall be held monthly on the 1st Thursday of each month, unless rescheduled or cancelled by the chairman or by formal motion of the board. The Trimesters shall be as follows:

1. 1st Trimester: application deadline, June 1st; Project Review Meetings, July, August, September; Project Funding Meeting October.

2. 2nd Trimester: application deadline, October 1st; Project Review Meetings, November, December, January; Project Funding Meeting, February.

3. 3rd Trimester: application deadline, February 1st; Project Review Meetings, March April, May; Project Funding Meeting, June.

B. The process for review of new applications for funding assistance shall be as follows:

1. Submission of an application, on or before the applicable deadline to the Board's staff for technical review and analysis.

2. Incomplete applications will be held by the Board's staff pending submission of required information.

3. Complete applications accepted for processing will be placed on one of the Trimester's upcoming "Project Review Meeting" agendas.

4. At the "Project Review Meeting" the Board may either:

a. deny the application;

b. place the application on the "Pending List" for consideration at a future "Project Review Meeting" after additional review, options analysis and funding coordination by the applicant and the Board's staff;

c. place the application on the "Priority List" for consideration at the next "Project Funding Meeting".

C. Applicants and their representatives shall be informed of any "Project Review Meeting" at which their applications will be considered. Applicants shall make formal presentations to the Board and respond to the Board's questions during the "Project Review Meetings". If an applicant or its representatives are not present to make a presentation, the board may either:

1. deny the application;

2. place the application on the "Pending List" for consideration at a future "Project Review Meeting".

D. No funds shall be committed by the Board at the "Project Review Meetings", with the exception of circumstances described in Subsection F.

E. Applications for funding assistance which have been placed on the "Priority List" will be considered at the "Project Funding Meeting" for that Trimester. At the "Project Funding Meeting' the Board may either:

1. deny the application;

2. place the application on the "Pending List" for consideration at a future "Project Review Meeting".

3. authorize funding the application in the amount and terms as determined by the Board.

F. In instances of bona fide public safety or health emergencies or for other compelling reasons, the Board may suspend the provisions of this section and accept, process, review and authorize funding of an application on an expedited basis.

 

R199-8-5. Local Capital Improvement Lists.

A. A consolidated list of the anticipated capital needs for eligible entities shall be submitted from each county area, or in the case of state agencies, from DCC. This list shall be produced as a cooperative venture of all the eligible entities within each county area.

B. The list shall contain a short term (one year) and a medium term (five year) component.

C. The list shall contain the following items: jurisdiction, summary description, project time frame, anticipated time of submission to the Board, projected overall cost of project, anticipated funding sources, the individual applicant's priority for their own projects, and the county area priority for each project. The county area priority for each project shall be developed as a cooperative venture of all eligible entities within a county area.

D. Projects not identified in a county area's or DCC's list, will not be funded by the Board, unless they address a bona fide public safety or health emergency or for other compelling reasons.

E. An up-dated list shall be submitted to the Board no later than [December]April 1st of each year. The up- dated list shall be submitted in the uniform format required by the Board.

F. If the consolidated list from a county area does not contain the information required in R199-8-5-C, or is not in the uniform format required in R199-8-5-E, all applications from the affected county area will be held by the Board's staff until a future Trimester pending submission of the required information in the uniform format.

G. The Board has authorized its staff to hold any application that does not appear on the applicable local capital improvement list. Such applications will be held until a future Trimester to allow the applicant time to pursue amending the local capital improvement list.

H. The amendment to include an additional project must follow the process used for the original list, and it must contain the required information and be submitted in the uniform format, particularly the applicant and county area prioritization.

I. The regional Association of Governments are the compilers of the capital improvement lists. The AOG cannot simply add additional applications to any given list without the applicant meeting the process requirements outlined in Subsection C.

J. Not withstanding Subsection I, allowing an applicant to add a project to the capital improvement list just prior to the application deadline subverts the intent of the capital improvement list process. Such applications will be held by the Board's staff until the next Trimester.

 

KEY: grants

Date of Enactment or Last Substantive Amendment: [November 18, 2008]2010

Notice of Continuation: September 13,2007

Authorizing, and Implemented or Interpreted Law: 9-4-305