File No. 36326
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, Community Services
Rule R202-101
Qualified Emergency Food Agencies Fund (QEFAF)
Notice of Proposed Rule
(Repeal)
DAR File No.: 36326
Filed: 06/05/2012 02:12:10 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 Housing and Community Development, Community Services Division 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 R990-101 published in the June 1, 2012, issue of the Bulletin under DAR No. 36220.)
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This rule is repealed in its entirety.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 Development, Community ServicesRoom 500
324 S STATE ST
SALT LAKE CITY, UT 84111-2388
Direct questions regarding this rule to:
- Jonathan Hardy at the above address, by phone at 801-538-8650, by FAX at 801-538-8888, or by Internet E-mail at jhardy@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
[R202. Community and Culture, Housing and Community
Development, Community Services.
R202-101. Qualified Emergency Food Agencies Fund
(QEFAF).
R202-101-1. Designation as a Qualified Emergency Food Fund
Agency.
A. A qualified emergency food agency is an organization
that is: a) exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code; or b) an association of
governments which, as part of its activities operates a program
that has as the program's primary purpose to i) warehouse and
distribute food to other agencies and organizations providing
food and food ingredients to low-income persons; or ii) provide
food and food ingredients directly to low-income persons. For
initial designation, an organization shall file an application
with the State Community Services Office (SCSO) and must be
approved as a qualified emergency food agency before receiving
distributions under Utah Code Section 9-4-1409. The application
form and instructions are available on the SCSO Website at
http://housing.utah.gov/scso/qefaf.html
B. After initial designation as a qualified emergency
food agency, a non-profit 501(c)(3) organization must maintain a
current Charitable Solicitations Permit issued by the Utah
Department of Commerce, Division of Consumer Protection per Utah
Code Section 13-22-6 or be exempt under Utah Code Section
13-22-8. An association of governments must continue to operate a
program which has, as the program's primary purpose to i)
warehouse and distribute food to other agencies and organizations
providing food and food ingredients to low-income persons; or ii)
provide food and food ingredients directly to low-income
persons.
C. All organizations shall submit a current Board Roster
and contact information for the individual primarily responsible
for maintaining the organization's financial records. This
information should be submitted with the signed copies of the
Memorandum of Understanding each year.
R202-101-2. Use of Funds.
Funds received from the Qualified Emergency Food Agency
Fund must be expended by the Qualified Agency only for purposes
related to: a) warehousing and distributing food and food
ingredients to other agencies and organizations providing food
and food ingredients to low-income persons; or b) providing food
and food ingredients directly to low-income persons.
R202-101-3. Allowable Expenditures.
A. Warehousing - Expenditures directly related to
receiving, sorting, weighing, handling, and storing of food and
food ingredients, including direct staff costs for warehousing
activities, scales, fork lifts, pallet jacks, shelving,
refrigeration equipment, supplies for food storage, and space
costs associated with the warehousing activity such as utilities,
insurance, cleaning supplies, pest control, and minor repairs and
maintenance.
B. Distributing - Expenditures directly related to
packaging and transporting food and food ingredients to other
agencies and organizations which provide food and food
ingredients to qualified low-income individuals and households,
including direct staff costs, transportation equipment costs such
as refrigeration units, insurance on vehicles used exclusively to
pick up and drop off food and food ingredients, fuel, licensing,
repairs and maintenance.
C. Providing - Expenditures directly related to providing
food and food ingredients directly to low-income individuals and
households, including direct staff costs for client intake, case
management, meal preparation and/or delivery of meals to
home-bound clients or congregate meal sites; operational
expenditures, including telephones, computer systems used to
track client eligibility, food intake and distribution; staff and
volunteer training costs such as food safety training; food
handler's permits; and other direct costs which are
reasonable and necessary.
D. Direct staff costs - is defined as salaries and wages,
employer's payroll taxes, and fringe benefits for staff
directly involved in collecting, transporting, receiving,
weighing, sorting, handling, and packaging food and food
ingredients; dispensing food and food ingredients directly to
eligible clients; preparing, serving and/or delivering meals to
eligible clients; and providing case management services directly
to eligible food bank clients. Personnel costs for staff who also
work in non-QEFAF supported activities must be supported by time
and activity reports.
E. Food and food ingredients - reasonable and necessary
purchases of food and food ingredients that are warehoused,
distributed, and/or provided directly to eligible low-income
individuals and households is allowable.
F. Administrative Expenditures - QEFAF funds expended for
administrative costs shall not exceed 5% of the total
distributions received under the QEFAF program for any fiscal
year. Any QEFAF funds unexpended as of the end of Qualifying
Agency's fiscal year should be clearly identified and treated
as temporarily restricted funds.
R202-101-4. Non-Allowable Expenditures.
Expenditures that do not directly pertain to warehousing,
distributing, or providing food and food ingredients to
low-income persons, other than the maximum 5% administrative
costs mentioned above, are not allowed. Specifically,
expenditures associated with soliciting or promoting cash or food
donations, recognizing donors and volunteers, and transportation
costs other than picking up and delivering food and food
ingredients are not allowed. Any other expenditure not
specifically listed under the sections above not
allowed.
R202-101-5. Submission of Claims.
A. Claims shall be submitted no more frequent than
monthly. Claims must be submitted by the Qualified Agency online
using the Web Grants system at the following website address:
http://www.webgrants.community.utah.gov
B. Claims shall be based on the eligible pounds of food
donated to Qualified Agency during the fiscal year beginning July
1, 2009 and ending June 30, 2010 valued at the rate of $0.12 per
pound.
R202-101-6. Limited Funds Available.
Funds available under the Qualified Emergency Food Agency
Fund are limited. In the event funds deposited into the Qualified
Emergency Food Agency Fund are insufficient to meet the claims
for distribution received, the State Community Services Office
(SCSO) shall make distributions to Qualified Agencies in the
order that SCSO receives the claims. The time submitted as
recorded in the Web Grants system shall be used to determine the
order in which claims are received by SCSO.
R202-101-7. Eligible Pounds.
Eligible pounds shall mean the aggregate number of pounds
of food and food ingredients, as defined in Utah Code Section
59-12-102 that are a) donated to Qualified Agency on or after
July 1, 2009; and b) for which Utah sales or use tax was paid by
the person donating the food or food ingredients.
R202-101-8. Recordkeeping Requirements.
A. Qualified Agency agrees to maintain receipts and other
original records for donations of food and food ingredients,
including schedules and work papers supporting claims made under
the Qualified Emergency Food Agency Fund program. Such records
must be maintained for a period of three years following the date
of the last refund for fiscal year ending June 30, 2010.
B. Qualified Agency agrees to maintain a financial
management system that provides accurate, current, and complete
disclosure of the receipt and disbursements of all QEFAF funds,
including accounting records that are supported by source
documentation sufficient to determine that QEFAF funds were
expended only for purposes as stated in Utah Code 9-4-1409 and
the Use of Funds section above.
C. Qualified Agency agrees to maintain effective control
and accountability for all QEFAF funds and all property,
equipment, and other assets acquired with QEFAF funds. Qualified
Agency agrees to adequately safeguard all such assets and assure
they are used solely for authorized purposes. Such records must
be maintained by Qualified Agency for a period of five years
following the date of the last refund for fiscal year ending June
30, 2010.
R202-101-9. Monitoring.
SCSO will monitor Qualified Agency's claims and may
conduct one or more site visits to inspect records supporting the
pounds of food and food ingredients claimed. SCSO may also review
financial records to determine that distributions received are
expended in accordance with Utah Code Section 9-4-1409(8).
Qualified Agency agrees to provide all information needed by SCSO
in performing this monitoring responsibility and will make such
records available, upon reasonable notice, for said
monitoring.
R202-101-10. Overpayment Recoupment.
A. Amounts claimed by Qualified Agency under this
agreement that are determined by audit to be ineligible for
reimbursement because a) such claims were based on ineligible
food or food ingredient donations; or b) lack of adequate
documentation to support the total poundage of food or food
ingredient donations claimed shall be immediately returned to the
State.
B. Expenditures of QEFAF funds determined by audit to be
unallowable because 1) funds were used for purposes not specified
above under Use of Funds; or 2) expenditures not supported by
adequate source documentation shall be a) immediately returned to
the State; or b) properly segregated in the Qualified
Agency's accounting records and identified as temporarily
restricted until such time as those funds are used for the
purposed specified under Use of Funds above.
R202-101-11. Training and Technical Assistance.
SCSO agrees to provide training and technical assistance
to Qualified Agency in regards to accessing and submitting a
claim online using the Web Grants system. Qualified Agency is
responsible for ensuring that its staff receives such training
and assistance.
KEY: Qualified Emergency Food Agencies Fund, QEFAF,
antipoverty programs, community action programs
Date of Enactment or Last Substantive Amendment: February
22, 2010
Authorizing, and Implemented or Interpreted Law:
9-4-1409]
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 Jonathan Hardy at the above address, by phone at 801-538-8650, by FAX at 801-538-8888, or by Internet E-mail at jhardy@utah.gov.