No. 32936 (New Rule): Rule R223-3. Capital Funds Request Prioritization

(New Rule)

DAR File No.: 32936
Filed: 09/02/2009 08:35:31 AM

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 State Library Division within the Department of Community and Culture.

Summary of the rule or change:

This rule implements the provisions of Section 9-7-205, as amended by H.B. 236 2009 General Session, by establishing submission requirements and review criteria related to applications for capital facilities grants. (DAR NOTE: H.B. 236 (2009) is found at Chapter 62, Laws of Utah 2009, and was effective 05/12/2009.)

State statutory or constitutional authorization for this rule:

• Section 9-7-205

Anticipated cost or savings to:

the state budget:

State Library Division: potential cost may approximate 100 man-hours = $3,000

local governments:

Local Library Staff potential cost may approximate 5 man-hours per agency = $600. Other Agencies: Local legal representative (i.e., city or county attorney) potential cost may approximate 5 man-hours per agency = $1,250

small businesses:

Small Business potential costs may approximate 5 man-hours = $500

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

Only municipal and county libraries may apply to the State Library Division for capital facilities grants. Therefore, this rule does not apply to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Since this capital facilities grant applicant program is new, directed impact on participants is difficult to determine. However, tasks required to complete a grant application form include, but are not necessarily limited to: expend time answering questions on the form related to the specific capital project in terms of basic applicant information; project details including plan of work and supplies; labor costs; and funding sources. Total time to complete the application form by just the applicant may approximate 5 man-hours.

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

The cost of compliance with the new rule is in terms of man-hours of labor for the State Library Division, and local library staff required to review and prepare the documentation for compliance with the rule. Participation in this grant program is voluntary; therefore compliance costs are not mandated by the state statute upon any agency or entity, except the State Library Division, and Department of Community and Culture, thus there is no directed impact on private businesses resulting from this rule.

Palmer DePaulis, Executive Director

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

Community and Culture
Library
250 N 1950 W
SALT LAKE CITY, UT 84116-7901

Direct questions regarding this rule to:

• Stephen Matthews at the above address, by phone at 801-715-6722, by FAX at 801-715-6767, or by Internet E-mail at [e-mail]

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:

11/02/2009

This rule may become effective on:

11/09/2009

Authorized by:

Donna Morris, Director

RULE TEXT

R223. Community and Culture, Library.

R223-3. Capital Funds Request Prioritization.

R223-3-1. Purpose.

The purpose of this rule is to establish the procedure regarding annual capital grant request prioritization by the State Library in the Division of Utah State Library within the Department of Community and Culture.

R223-3-2. 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.

R223-3-3. Application Submission and Review.

(1) The Board of the State Library shall accept applications for capital facilities grant prioritization through June 1 of each year.

(2) All applications must be submitted electronically via the Department of Community and Culture (DCC) 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 DCC 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.

(3) Prioritization will be based on the following criteria:

(a) Goals of application

(b) Public benefit of project

(c) Strategic value of partnerships

(4) The Board shall submit its final prioritized list to DCC 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.

(5) DCC Administration will submit the Board's prioritized lists to the DCC-assigned budget analyst in the Governor's Office of Planning and Budget and the DCC-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: 2009

Authorizing, and Implemented or Interpreted Law: 9-7-205

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