File No. 36321
This rule was published in the July 1, 2012, issue (Vol. 2012, No. 13) of the Utah State Bulletin.
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
(Repeal)
DAR File No.: 36321
Filed: 06/05/2012 01:36:24 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
H.B. 139 (Department of Community and Culture Amendments) passed in the 2012 Legislative General session. The intent of this bill was to restructure the Department of Community and Culture into the new Department of Heritage and Arts, and to move the Home and Community Development program to the Department of Workforce Services (DWS). The purpose of this repeal is to remove this rule as the content is now under DWS. (DAR NOTE: The proposed new rule is R990-8 published in the June 1, 2012, issue of the Bulletin under DAR No. 36216.)
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Title 35A, Chapter 8
Anticipated cost or savings to:
the state budget:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
local governments:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
small businesses:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
persons other than small businesses, businesses, or local governmental entities:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
Compliance costs for affected persons:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
Julie Fisher, 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 CultureHousing and Community DevelopmentRoom 500
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:
08/01/2012
This rule may become effective on:
08/15/2012
Authorized by:
Michael Hansen, Deputy Director
RULE TEXT
[R199. Community and Culture, Housing and Community
Development.
R199-8. Permanent Community Impact Fund Board Review and
Approval of Applications for Funding Assistance.
R199-8-1. Purpose.
The Permanent Community Impact Fund Board (the Board)
provides loans and/or grants to State agencies and subdivisions
of the State which are or may be socially or economically
impacted, directly or indirectly, by mineral resource
development. Authorization for the Board is contained in Section
9-4-301 et seq.
R199-8-2. Eligibility.
Only those applications for funding assistance which are
submitted by an eligible applicant for an eligible project shall
be funded by the Board.
Eligible projects include: a) planning; b) the
construction and maintenance of public facilities; and c) the
provision of public services. "Public Facilities and
Services" means public infrastructure or services
traditionally provided by local governmental entities.
Eligible applicants include state agencies and
subdivisions of the state and Interlocal agencies as defined in
Subsection 9-4-302, which are or may be socially or economically
impacted, directly or indirectly, by mineral resource
development.
R199-8-3. Application Requirements.
A. Applicants shall submit their funding requests on the
Board's most current application form, furnished by the
Department of Community and Culture (DCC). Applicants submitting
incomplete applications will be notified of deficiencies and
their request for funding assistance will be held by the
Board's staff pending submission of the required information
by the applicant.
Complete applications which have been accepted for
processing will be placed one of the Trimester's upcoming
"Application Review Meeting" agendas.
B. Additional general information not specifically
covered by the application form should also be furnished to the
Board and its staff when such information would be helpful to the
Board in appraising the merits of the project.
C. For proposed drinking water and sewer projects,
sufficient technical information must be provided to the Utah
Department of Environmental Quality (DEQ) to permit their review.
The Board will not act on any drinking water or sewer project
unless they receive such review from DEQ.
D. Planning grants and studies normally require a fifty
percent cash contribution by the applicant.
E. The Board requires all applicants to have a vigorous
public participation effort. All applicants shall hold at least
one formal public hearing to solicit comment concerning the size,
scope and nature of any funding request prior to its submission
to the Board. In that public hearing, the public shall be advised
the financing may be in the form of a loan, even if the
application requests a grant.
Complete and detailed information shall be given to the
public regarding the proposed project and its financing. The
information shall include the expected financial impact including
potential repayment terms and the costs to the public as user
fees, special assessments, or property taxes if the financing is
in the form of a loan. The Board may require additional public
hearings if determines the applicant did not adequately disclose
to the public the impact of the financial assistance during the
initial public hearing.
When the Board offers the applicant a financial package
that is substantially different in the amounts, terms or
conditions initially requested by an applicant, the Board may
require additional public hearings to solicit public comment on
the modified funding package.
A copy of the public notice and transcript or minutes of
the hearing shall be attached to the funding request. Public
opinion polls may be submitted in addition to the transcript or
minutes.
F. Letters of comment outlining specific benefits (or
problems) to the community and State may be submitted with the
application.
G. All applicants are required to notify in writing the
applicable Association of Governments of their intention to
submit a funding request to the Board. A copy of any comments
made by the Association of Governments shall be attached to the
funding request. It is the intent of the Board to encourage
regional review and prioritization of funding requests to help
ensure the timely consideration of all worthwhile
projects.
H. Section 9-8-404 requires all state agencies before
they expend any state funds or approves any undertaking to take
into account the effect of the undertaking on any district, site,
building structure or specimen that is included in or eligible
for inclusion in the National Register of Historic Places or the
State Register and to allow the state historic preservation
officer (SHPO) a reasonable opportunity to comment on the
undertaking or expenditure. In order to comply with that duty,
the Board requires all applicants provide the Board's staff
with a detailed description of the proposed project attached to
the application. The Board's staff will provide SHPO with
descriptions of applications which may have potential historic
preservation concerns for SHPO's review and comment in
compliance with the CIB/SHPO Programmatic Agreement. SHPO
comments on individual applications will be provided to the Board
as part of the review process outline in R199-8-4. Additionally
the Board requires that if during the construction of the project
the applicant discovers any cultural/paleontological resources,
the applicant shall cease project activities which may affect or
impact the cultural/paleontological resource, notify the Board
and SHPO of the discovery, allow the Board to take into account
the effects of the project on cultural/paleontological resources,
and not proceed until further approval is given by the
Board.
I. All applicants must provide evidence and arguments to
the Board as to how the proposed funding assistance provides for
planning, the construction and maintenance of public facilities
or the provision of public services.
J. All applicants must demonstrate that the facilities or
services provided will be available and open to the general
public and that the proposed funding assistance is not merely a
device to pass along low interest government financing to the
private sector.
K. All applicants must demonstrate that any arrangement
with a lessee of the proposed project will constitute a true
lease, and not a disguised financing arrangement. The lessee must
be required to pay a reasonable market rental for the use of the
facility. In addition, the applicant shall have no arrangement
with the lessee to sell the facility to the lessee, unless fair
market value is received.
L. Each applicant must submit evidence and legal opinion
that it has the authority to construct, own and lease the
proposed project. In the case of a request for an interest
bearing loan, the applicant must provide an opinion of
nationally-recognized bond counsel that the interest will not be
subject to federal income taxes.
M. All applicants shall certify to the Board that they
will comply with the provisions of Titles VI and VII of the Civil
Rights Act of 1964 (42 USC 2000e), as amended, which prohibits
discrimination against any employee or applicant for employment
or any applicant or recipient of services, on the basis of race,
religion, color, or national origin; and further agree to abide
by Executive Order No. 11246, as amended, which prohibits
discrimination on the basis of sex; 45 CFR 90, as amended, which
prohibits discrimination on the basis of age; Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act
of 1990 and 28 CFR 35, as amended, which prohibit discrimination
on the basis of disabilities; Utah Anti-Discrimination Act,
Section 34A-5-101 et seq., which prohibits discrimination against
any employee or applicant for employment because of race, color,
sex, age, religion, national origin, or handicap, and to certify
compliance with the ADA to the Board on an annual basis and upon
completion of the project.
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 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.
R199-8-6. Modification or Alteration of Approved
Projects.
A recipient of PCIFB grant funds may not, for a period of
ten years from the approval of funding by the Board, change or
alter the use, intended use, ownership or scope of a project
without the prior approval of the Board. A recipient of PCIFB
loan funds may not, for the term of the loan, change or alter the
use, intended use, ownership or scope of a project without the
prior approval of the Board. The recipient shall submit a written
request for such approval and provide such information as
requested by the Board or its staff, including at a minimum a
description of the modified project sufficient for the Board to
determine whether the modified project is an eligible use of
PCIFB funds.
The Board may place such conditions on the proposed
modifications or modified project as it deems appropriate,
including but not limited to modifying or changing the financial
terms, requiring additional project actions or participants, or
requiring purchase or other satisfaction of all or a portion of
the Board's interests in the approved project. Approval shall
only be granted if the modified project, use or ownership is also
an eligible us of PCIFB funds, unless the recipient purchases or
otherwise satisfies in full the Board's interest in the
previously approved or the proposed project.
R199-8-7. Procedures for Electronic Meetings.
A. These provisions govern any meeting at which one or
more members of the Board or one or more applicant agencies
appear telephonically or electronically pursuant to Section
52-4-7.8.
B. If one or more members of the Board or one or more
applicant agencies may participate electronically or
telephonically, public notices of the meeting shall so indicate.
In addition, the notice shall specify the anchor location where
the members of the CIB not participating electronically or
telephonically will be meeting and where interested persons and
the public may attend, monitor, and participate in the open
portions of the meeting.
C. Notice of the meeting and the agenda shall be posted
at the anchor location. Written or electronic notice shall also
be provided to at least one newspaper of general circulation
within the state and to a local media correspondent. These
notices shall be provided at least 24 hours before the
meetings.
D. Notice of the possibility of an electronic meeting
shall be given to the members of the Board and applicant agencies
at least 24 hours before the meeting. In addition, the notice
shall describe how the members of the Board and applicant
agencies may participate in the meeting electronically or
telephonically.
E. When notice is given of the possibility of a member of
the Board appearing electronically or telephonically, any member
of the Board may do so and shall be counted as present for
purposes of a quorum and may fully participate and vote on any
matter coming before the Board. At the commencement of the
meeting, or at such time as any member of the Board initially
appears electronically or telephonically, the Chair shall
identify for the record all those who are appearing
telephonically or electronically. Votes by members of the Board
who are not at the physical location of the meeting shall be
confirmed by the Chair.
F. The anchor location shall be designated in the notice.
The anchor location is the physical location from which the
electronic meeting originates or from which the participants are
connected. In addition, the anchor location has space and
facilities so that interested persons and the public may attend,
monitor, and participate in the open portions of the
meeting.
KEY: grants
Date of Enactment or Last Substantive Amendment: January 13,
2011
Notice of Continuation: September 13, 2007
Authorizing, and Implemented or Interpreted Law: 9-4-305]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20120701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact 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.