DAR File No. 43717

Heritage and Arts, History

Rule R455-13

Capital Funds Request Prioritization

Notice of Proposed Rule

(Repeal)

DAR File No.: 43717
Filed: 05/14/2019 01:18:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish the procedure regarding annual capital grant request prioritization by the Board of State History, in the Division of State History, within the Department of Heritage and Arts. This prioritization was required by former Subsection 9-8-204(4), concerning pass-through funding, which was repealed in the 2017 General Session of the Utah State Legislature. Thus, this rule is no longer needed and should be repealed.

Summary of the rule or change:

It has been determined that this rule is not necessary and should be repealed. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 9-8-203
• Section 63G-3-305
• Section 9-8-205

Anticipated cost or savings to:

the state budget:

This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures because it defines a process that has not been used in several years, is no longer necessary and, therefore, recommended for repeal.

local governments:

This rule repeal is not expected to have any material impact on local governments' revenues or expenditures because it defines a process that has not been used in several years, is no longer necessary and, therefore, recommended for repeal.

small businesses:

This rule repeal is not expected to have any material fiscal impact on small businesses' revenues or expenditures because it defines a process that has not been used in several years, is no longer necessary and, therefore, recommended for repeal.

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

This rule repeal is not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures because it defines a process that has not been used in several years, is no longer necessary and, therefore, recommended for repeal.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

This rule repeal has no fiscal impact on state agencies and will not have a fiscal impact on small or non-small businesses.

Jill Love, Executive Director

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

Heritage and Arts
History
300 RIO GRANDE ST
SALT LAKE CITY, UT 84101-1182

Direct questions regarding this rule to:

• Alycia Aldrich at the above address, by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov
• Nelson Knight at the above address, by phone at 801-245-7244, by FAX at , or by Internet E-mail at nwknight@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:

07/01/2019

This rule may become effective on:

07/08/2019

Authorized by:

Jill Love, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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

This proposed rule repeal is not expected to have any fiscal impacts on non-small businesses' revenues or expenditures for state government, local governments, small businesses, non-small businesses or other persons, because the rule creates a process that has not been used since approximately 2010. In 2008, the Legislature requested (and codified in former Subsection 9-8-204(4)) that State History and other agencies within the Department of Heritage and Arts create a process to review and prioritize capital facilities requests. Typically, the Legislature's Appropriations Committees reviewed these requests during the legislative session. State History created this rule in response to that request. With the new process, individuals, non-profit organizations, and local governments incurred some costs preparing applications. State History also incurred costs associated with the application reviews. However, it quickly became apparent that the prioritized lists produced did not have an effect on the legislative appropriations process and what projects were funded. After approximately two years, this application and prioritization process ended, largely to eliminate the time and costs incurred without significant results. The Legislature repealed Subsection 9-8-204(4) in the 2017 general session. Repealing this rule is essentially a housekeeping measure to eliminate an unused process.

 

The Director of the Division of State History, Don Hartley, and the Board of State History have reviewed and approved this fiscal analysis and agree that the rule should be repealed.

 

The Executive Director of the Department of Heritage and Arts, Jill Love, has also reviewed and approved this fiscal analysis.

 

 

R455. Heritage and Arts, History.

[R455-13. Capital Funds Request Prioritization.

R455-13-1. Purpose.

The purpose of this rule is to establish the procedure regarding annual capital grant request prioritization by the Board of State History, in the Division of State History, within the Department of Heritage and Arts.

 

R455-13-2. Authority.

The division may make, amend, or repeal rules for the conduct of its business in governing the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

 

R455-13-3. Application Submission and Review.

The Board of State History shall accept applications for capital facilities grant prioritization through June 1 of each year.

All applications must be submitted electronically via the Department of Heritage and Arts (DHA) and its division web portals. Before July 1, Division staff will be allowed to re-direct applications if it is determined the applicant would be better served if another DHA board reviewed the request. Applicants will be notified within five working days by the division if the division redirects the application to another division. Incomplete applications will not be considered by the board. By definition, capital facilities grants shall include new construction, preservation, restoration, and renovation.

Prioritization will be based on the following criteria:

(1) Goals of application

(2) Public benefit of project

(3) Strategic value of partnerships

The Board shall submit its final prioritized list to DHA Administration at least three working days prior to September 30 of each year. Each board shall prepare a list of the requested capital facilities grants in a prioritized order and include a written explanation of the total grant amount requested and the basis for prioritization of requested grants on the list.

DHA Administration will submit the Board's prioritized lists to the DHA-assigned budget analyst in the Governor's Office of Planning and Budget and the DHA-assigned analyst in the Legislative Fiscal Analyst's Office by September 30 of each year. The Governor's Office of Planning and Budget will forward the prioritized lists to the Governor. The Legislative Fiscal Analyst's Office will forward the prioritized lists to the appropriate members of the Legislature's Appropriations Subcommittee and leadership.

 

KEY: grant applications, grants, capital facilities, grant prioritizations

Date of Enactment or Last Substantive Amendment: November 18, 2009

Notice of Continuation: October 28, 2014

Authorizing, and Implemented or Interpreted Law: 9-8-203; 9-8-205]