Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since July 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R307. Environmental Quality, Air Quality.

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

As in effect on July 1, 2019

Table of Contents

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. 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 R307-125-3(4).

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

R307-125-4. 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

March 3, 2017

Authorizing, Implemented, or Interpreted Law

19-1-203; 19-2-203


Additional Information

Contact

For questions regarding the content or application of rules under Title R307, please contact the promulgating agency (Environmental Quality, Air Quality). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.