DAR File No. 41099

This rule was published in the January 1, 2017, issue (Vol. 2017, No. 1) of the Utah State Bulletin.


Environmental Quality, Air Quality

Rule R307-125

Clean Air Retrofit, Replacement, and Off-Road Technology Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 41099
Filed: 12/15/2016 10:57:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this amendment is to get rid of the provision that limits the percentage of funding the Division of Air Quality can use from funds allocated for the Clean Air Retrofit, Replacement, and Off-Road Technology (CARROT) Program on the Lawn Mower Exchange Program. The statute authorizing funding of the Lawn Mower Exchange Program does not require a limit on the percent of the CARROT funds that may be used for the Lawn Mower Exchange Program. There is no reason to cap the funding at 50%, and the rule is being amended to reflect that.

Summary of the rule or change:

The 50% limit on the percentage of CARROT funds that may be used toward a program like the Lawn Mower Exchange has been eliminated. If this rule is adopted, any percentage of the CARROT funds may be used for the Lawn Mower Exchange Program.

Statutory or constitutional authorization for this rule:

  • Section 19-2-104
  • Section 19-2-203

Anticipated cost or savings to:

the state budget:

There is no cost or savings to the state budget, because the rule amendment does not change the amount of money in the CARROT fund; it only affects where the money can go.

local governments:

There is no cost or savings to the local governments, because the rule amendment does not change the amount of money in the CARROT fund; it only affects where the money can go.

small businesses:

There is likely no cost or savings to small businesses, because the rule amendment does not change the amount of money in the CARROT fund; it only affects where the money can go. The only business that may notice a difference is the business that partners with the state to do a lawn mower exchange. If the Division allocates more of the funds toward a lawn mower exchange, then it is likely that the business would be able to make more money selling a greater number of lawn mowers for the exchange.

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

There is no cost or savings to "other persons", because the rule amendment does not change the amount of money in the CARROT fund; it only affects where the money can go.

Compliance costs for affected persons:

There are no compliance costs for affected persons, because the rule does not change the total amount of money in the program; it only gives the Division more flexibility in deciding how the money is spent.

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

This rule amendment will have little to no fiscal impact on businesses. The only business that may notice a difference is the business that partners with the state to do a lawn mower exchange. If the Division allocates more of the funds toward a lawn mower exchange, then it is likely that the business would be able to make more money selling a greater number of lawn mowers for the exchange.

Alan Matheson, Executive Director

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

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

  • Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@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:

01/31/2017

This rule may become effective on:

02/08/2017

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-125. Clean Air Retrofit, Replacement, and Off-Road Technology Program.

R307-125-1. Authority and Purpose.

(1) This rule specifies the requirements and procedures of the Clean Air Retrofit, Replacement and Off-Road Technology Program that is authorized in 19-2-203.

(2) The procedures of this rule constitute the minimum requirements for the application for and the awarding of funds that are designated for the Clean Air Retrofit, Replacement, and Off-Road Technology Program.

 

R307-125-2. Definitions.

The terms "certified," "cost," "director," "division," "eligible equipment," "eligible vehicle," and "verified" are defined in 19-2-202.

 

[R307-125-3. Allocation of Funds.

The director may apportion up to 50% of the funds allocated for this program for an exchange, rebate, or low-cost purchase program under 19-2-203(2). The remainder may be allocated to a grant program under 19-2-203(1).

 

]R307-125-[4]3. Grants Under 19-2-203(1).

(1) A grant under 19-2-203(1) may only be used for:

(a) verified technologies for eligible vehicles or equipment; and

(b) certified vehicles, engines, or equipment.

(2) In prioritizing grant awards, the director shall consider:

(a) whether and to what extent the applicant has already secured some other source of funding;

(b) the air quality benefits to the state and local community attributable to the project;

(c) the cost-effectiveness of the proposed project;

(d) the feasibility and practicality of the project; and

(e) other factors that the director determines should apply based on the nature of the application.

(3) In prioritizing grant awards, the director may also, at the request of an applicant, consider the financial need of the applicant.

(4) A successful grant applicant will be required to agree:

(a) to provide information to the division about the vehicles, equipment, or technology acquired with the grant proceeds;

(b) to allow inspections by the division to ensure compliance with the terms of the grant;

(c) to permanently disable replaced vehicles, engines, and equipment from use; and

(d) for any grant that is not given on a reimbursement basis, to commit to complete the project as proposed;

(e) not to change the location or use of the vehicle, engine or equipment from the location or use proposed in their application without approval of the director; and

(f) to any additional terms as determined by the director.

(5) Eligible vehicles are defined in 19-2-202(7). No additional vehicles under 19-2-202(7)(e) are eligible at this time.

(6) The division shall use the following procedures to implement the grant program:

(a) The division shall provide notice on the division's website of the availability of grants and of cut-off dates for applications.

(b) An application for a grant shall be on a form provided by the division.

(c) The director may provide grants on a reimbursement basis or as an advance award.

(d) Successful grant applicants will be required to sign a grant agreement that contains the terms described in R307-125-[4]3(4).

(e) State agencies and employees are eligible to participate in the program and are subject to program requirements.

 

R307-125-[5]4. Exchange, Rebate, or Low-Cost Purchase Programs Under 19-2-203(2).

(1) The director has discretion to choose whether to use an exchange, rebate or low-cost purchase program.

(2) The division shall use the following procedures to implement an exchange, rebate or low-cost purchase program:

(a) The division shall provide notice on the division's website of any exchange, rebate or low-cost purchase program.

(b) An application for an exchange, rebate, or low-cost purchase shall be on a form provided by the division.

(c) State agencies and employees are eligible to participate in any program and are subject to program requirements.

(d) The director may establish additional procedures appropriate to the specific program.

(3) A participant in an exchange, rebate, or low-cost purchase program will be required to agree to the terms outlined in the application as determined by the director.

 

KEY: air quality, grants, rebates, purchase program

Date of Enactment or Last Substantive Amendment: [December 4, 2014]2017

Authorizing, and Implemented or Interpreted Law: 19-1-203; 19-2-203


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/2017/b20170101.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.