DAR File No. 38048

Environmental Quality, Administration

Section R305-4-5

Final Approval Procedure and Payment Process

Notice of Proposed Rule

(Amendment)

DAR File No.: 38048
Filed: 10/08/2013 02:01:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Previously, once an applicant's project for refueling equipment had been pre-approved to receive a grant or loan, there were no administrative rule requirements for the applicant to provide appropriate documentation in order to demonstrate final approval of the grant or loan.

Summary of the rule or change:

Documentation requirements are added for refueling equipment projects that have been pre-approved to receive a grant or loan.

State statutory or constitutional authorization for this rule:

• Section 19-1-401

Anticipated cost or savings to:

the state budget:

The only changes to the rule are to add documentation requirements for the applicant. These will not result in additional costs or savings to the state budget.

local governments:

The only changes to the rule are to add documentation requirements for the applicant. These will not result in additional costs or savings to local government.

small businesses:

The only changes to the rule are to add documentation requirements for the applicant. These changes might add additional administrative costs; however, they are expected to be very minimal.

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

The only changes to the rule are to add documentation requirements for the applicant. These will not result in additional costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The only changes to the rule are to add documentation requirements for the applicant. These will result in very minimal compliance costs for affected persons.

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

The only changes to the rule are to add documentation requirements for the applicant. These will result in very minimal compliance costs for affected persons.

Amanda Smith, Executive Director

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

Environmental Quality
Administration
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Debbie Oberndorfer at the above address, by phone at 801-536-4402, by FAX at 801-536-0061, or by Internet E-mail at doberndorfer@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:

12/02/2013

This rule may become effective on:

12/09/2013

Authorized by:

Amanda Smith, Executive Director

R305. Environmental Quality, Administration.

R305-4. Clean Fuels and Vehicle Technology Fund Grant and Loan Program.

R305-4-5. Final Approval Procedure and Payment Process.

(1) Once an applicant's project has been pre-approved to receive a grant or loan, the applicant shall provide:[ all additional documentation required in R307-123.]

(a) for vehicles, the demonstration of eligibility requirements in R307-123-3 through 5; and

(b) for refueling equipment, the following documentation:

(i) the name of the facility (including facility and/or unit number, if applicable) where refueling equipment will be installed and used;

(ii) the address of the facility where refueling equipment will be installed and used;

(iii) the government-issued building permit for the site at which the refueling equipment will be installed and used;

(iv) an original or copy of the bill of sale or sales contract from the purchase of the refueling equipment; and

(v) if applicable:

(A) the name of the issuing entity for the matching grant;

(B) the name of the matching grant;

(C) the amount of the matching grant;

(D) the type of entity issuing the matching grant; and

(E) the grant agreement between awardee and the matching grant entity or entities.

(2) If rejected at any stage of the process, the applicant may consult with the Department to determine appropriate revisions to the application that should be made prior to submitting the application for reconsideration.

(3) Once an applicant has obtained final approval to receive a grant or loan, including signed contract documents, monies from the fund will be issued as reimbursements for the applicant's project costs.

(4) Grant or loan monies for a state match of a federal or non-federal grant will only be issued to the applicant after the applicant's project has been approved by the granting entity for the federal or non-federal grant.

(5) The approved applicant shall continue to comply with the provisions of this rule.

 

KEY: air pollution, alternative fuels, grants and loans, motor vehicles

Date of Enactment or Last Substantive Amendment: [October 8, 2008]2013

Notice of Continuation: July 15, 2013

Authorizing, and Implemented or Interpreted Law: 19-1-401