DAR File No. 40026

This rule was published in the January 15, 2016, issue (Vol. 2016, No. 2) of the Utah State Bulletin.


Navajo Trust Fund, Trustees

Rule R661-8

Utah Navajo Trust Fund Power Lines and House Wiring Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 40026
Filed: 12/28/2015 03:30:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is required by Subsection 51-10-205(4)(a).

Summary of the rule or change:

This rule sets forth the objective, application process, documentation required, retainage policy, and program effectiveness metrics for funding of power lines and individual house wiring by the Utah Navajo Trust Fund.

State statutory or constitutional authorization for this rule:

  • Subsection 51-10-205(4)(a)

Anticipated cost or savings to:

the state budget:

No aggregate anticipated cost or savings to state budget because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund.

local governments:

No aggregate anticipated cost or savings to local government because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund.

small businesses:

No aggregate anticipated cost or savings to small businesses because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund.

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

May provide cost savings to Utah Navajos in need of power and/or electrical wiring.

Compliance costs for affected persons:

Potential costs to applicants/beneficiaries to obtain compliance inspections.

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

This program may have a positive fiscal impact on businesses which obtain contracts from Chapters or individuals to perform the work being funded by the Utah Navajo Trust Fund.

David Damschen, State Treasurer

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

Navajo Trust Fund
TrusteesRoom 180
350 N State Street
Salt Lake City, UT 84114

Direct questions regarding this rule to:

  • Katharine Kinsman at the above address, by phone at 801-366-0140, by FAX at , or by Internet E-mail at kkinsman@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:

02/16/2016

This rule may become effective on:

02/23/2016

Authorized by:

David Damschen, State Treasurer

RULE TEXT

R661. Navajo Trust Fund, Trustees.

R661-8. Utah Navajo Trust Fund Power Lines and House Wiring Program.

R661-8-101. Objective.

(1) Objective of the Power Lines and House wiring program is to provide financial assistance to individuals and entities for development of power line main trunk lines or extensions, and/or house wiring projects.

(2) UNTF match funding will be limited to 50% of the project cost or $400,000, whichever is lower if the project is entirely in the State of Utah. If any power line project extends into other states, UNTF will provide match-funding only for the prorated portion located in Utah.

(3) House wiring work must conform to the requirements of the edition of the National Electrical Code current at the time the wiring work is to be performed.

 

R661-8-201. Applicants.

Applicants shall work directly with their Chapter to apply for financial assistance.

(1) All requests, budget preparation, updates and progress reports, will be initially processed through the Chapter.

(2) Power line/house wiring projects will follow the regular chapter project guidelines .

 

R661-8-301. Documentation Required.

(1) Power Lines: Main Lines or Extensions

(a) Explanation from power line company regarding feasibility, routing, and preliminary cost information.

(b) Project description, including identification of each phase of the work to be completed and which organization/contractor will be responsible for certain tasks.

(i) A map of the proposed route of the power line shall be included.

(ii) An explanation of the total number of families or individuals that will benefit from the power line distribution and extensions.

(c) Proof that the utility company or a private consultant that Rights-of-Way (ROW) are have been or will be obtained for the project. If a consultant is used for the ROW work, at least two (2) quotations from consultants shall be received.

(d) All appropriate clearances for the specified areas to be served from Navajo

Nation and Bureau of Indian Affairs; submission of a letter from all applicable agencies verifying required clearances have been obtained is required.

(e) Identification of all match-funding sources with their scope of responsibility and contribution.

(f) A Resolution from the Chapter, with a final client listing and a current estimate shall be submitted in support of the request.

(1) Individual house wiring Applications require:

(a) At least two (2) quotes from qualified, licensed electricians specifying the cost associated with installing house wiring.

(b) Proof of licensing, bonding, insurance and warranty for all Contractors or sub-contractors hired by the Chapter to install house wiring.

(c) A project description that includes a listing of the dwelling units included in the proposed project and the detailed cost of each dwelling unit installation.

 

R661-8-401. Retainage.

(1) Ten percent (10%) of UNTF funding shall be retained until final inspection and approval of the work performed.

 

R661-8-501. Program Effectiveness Metrics.

(1) The Chapter shall submit documentation that each home to be serviced under the UNTF program has been inspected and determined in compliance with Navajo Tribal Utility Authority (NTUA) or Rocky Mountain Power (RMP) electrical specifications.

(2) The percentage of power line projects physically completed within three (3) years of UNTF commitment of funds

(3) The percentage of individual house wiring projects completed within 12 months of UNTF commitment of funds.

 

KEY: power lines, electrical wiring, Utah Navajo Trust Fund (UNTF)

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 51-10

 


Additional Information

More information about a Notice of Proposed Rule is available online.

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/2016/b20160115.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 Katharine Kinsman at the above address, by phone at 801-366-0140, by FAX at , or by Internet E-mail at kkinsman@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.