DAR File No. 43149

Governor, Economic Development

Rule R357-23

Business Expansion and Retention Initiative Rule

Notice of Proposed Rule

(New Rule)

DAR File No.: 43149
Filed: 08/13/2018 02:07:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B 212, passed by the Legislature during the 2018 General Session, created the Business Expansion and Retention Initiative. The new statutory language permits the Office of Economic Development (Office) to promulgate rules to administer the program. The purpose of this rule filing is to clarify the standards for participation in the program.

Summary of the rule or change:

Section R357-23-102 creates definitions that will be used to administer the program. Section R357-23-103 references the authority granted in the statutory language that permits rulewriting authority. Section R357-23-104 outlines the content of the application for participation in the program. Section R357-23-105 clearly establishes that participation in the application process and approval to participate in the program does not guarantee grant funding. Section R357-23-105 codifies activities, in addition to those outlined in Subsection 63N-3-104.5(7)(a), a rural economic development entity shall use grants funds for.

Statutory or constitutional authorization for this rule:

• Subsection 63N-3-104.5(7)(b)
• Subsection 63N-3-104.5(5)(b)(ii)(c)

Anticipated cost or savings to:

the state budget:

The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature�s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html.

local governments:

There are no anticipated costs or savings created by this proposed rule related to local governments. The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature�s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html.

small businesses:

There are no anticipated costs or savings created by this proposed rule related to small businesses. The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature�s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html.

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

There are no anticipated costs or savings created by this proposed rule related to other persons. The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature�s consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html.

Compliance costs for affected persons:

There are no anticipated costs or savings created by this proposed rule related to the affected persons. The purpose of this proposed rule is to implement H.B 212 (2018), and costs or savings were included in the Legislature's consideration of the bill. A copy of this fiscal analysis is available from the Utah State Legislature website at: https://le.utah.gov/~2018/bills/static/HB0212.html.

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

This new rule implements H.B. 212 (2018) which created the Business Expansion and Retention Initiative. The purpose of this rule filing is to clarify the standards for participation in the program. This rule will have no impact on businesses.

Val Hale, Director

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

Governor
Economic Development
60 E SOUTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Dane Ishihara at the above address, by phone at 801-538-8895, by FAX at , or by Internet E-mail at dishihara@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:

10/01/2018

This rule may become effective on:

10/08/2018

Authorized by:

Val Hale, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

There is no regulatory impact creating financial cost to small businesses, non-small businesses, or other persons. The rule filing is to clarify the standards for participation in the program. There are no general regulations being promulgated by this rule because the program is voluntary and does not require non-participants to do anything. There is no impact to businesses or persons general because this rule only applies to those who chose to participate in this program in order to receive a grant.

 

 

R357. Governor, Economic Development.

R357-23. Business Expansion and Retention Initiative.

R357-23-101. Title.

This rule is known as the "Business and Expansion and Retention Initiative Rule."

 

R357-23-102. Definitions.

In addition to the definitions in Title 63N, Chapter 3, Section 104.5 as defined or used in this rule:

(1) "BEAR" means the Business Expansion and Retention Initiative program.

(2) "Benchmarks" means the points of reference in measuring, tracking and evaluating the performance of a project and the impact on economic development.

(3) "Board" means the Governor's Rural Partnership Board created in Section 63C-10-102.

(4) "Project" means outreach and information gathering efforts, as outlined in Subsection 63N-3-104.5 (7) (a), or other activities approved by the administrator under Subsection R357-22-106.

 

R357-23-103. Authority.

This rule is adopted by the office under the authority of Subsections 63N-3-104.5 (5) (b) (ii) (c) and 63N-3-104.5 (7) (b).

 

R357-23-104. Content of Application.

(1) The following content shall, at minimum, be included in each application for participation in BEAR:

(a) company name;

(b) contact information including:

(i) applicants' physical address;

(ii) telephone number; and

(iii) email address.

(c) if the applicant is a registered vendor with that State of Utah documentation of the vendor number.

(d) copy of a current W-9 form;

(e) evidence that the applicant qualifies as a "rural economic development entity" as defined in Subsection 63N-3-104.5 (1) (b);

(f) executive summary of the proposed project that clearly establishes the primary activity of the project and how the project will:

(i) assist new and existing rural businesses;

(ii) influence rural job creation;

(iii) diversify Utah's rural economies;

(g) the benchmarks of the proposed project and how they will be measured, tracked and reported;

(h) amount of grant funding requested;

(i) list of all entities associated with the proposed project and their anticipated roles;

(j) letters of support from all entities associated with the proposed project;

(k) additional funding sources associated with the proposed project;

(l) timeline of the proposed project; and

(m) detailed budget of the proposed project.

(3) The office will use a scoring system to enable the Board and the Office to analyze the awarding of grants and grant amounts. The scoring system will be made available in the instructions to the application.

 

R357-23-105. Verification.

(1) Participation in the application process and approval to participate in BEAR do not guarantee grant funding.

(2) The office shall verify that all benchmarks have been satisfied prior to an economic development entity receiving a grant.

 

R357-23-106. Other Activities Approved by the Administrator.

Other activities approved by the Administrator include economic development:

(1) planning;

(2) plan implementation;

(3) strategic studies;

(4) revitalization projects;

(5) regional initiatives support;

(6) training, education and cultivation;

(7) seminars and summits; or

(8) other activities if approved by the Board and the Administrator.

 

KEY: business expansion and retention, economic development

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 63N-3-104.5(5)(b)(ii)(c); 63N-3-104.5(7)(b)