No. 32949 (New Rule): Rule R207-3. Capital Funds Request Prioritization

(New Rule)

DAR File No.: 32949
Filed: 09/03/2009 05:02:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish the procedure of prioritization of annual capital facilities requests by the Utah Arts Council Board of Directors and the Office of Museum Services Advisory Board.

Summary of the rule or change:

This rule establishes submission requirements and review criteria related to applications for prioritization of requests for state financial assistance for capital facility projects. Prioritization is not a guarantee of funding.

State statutory or constitutional authorization for this rule:

• Section 9-6-205
• Section 9-6-605

Anticipated cost or savings to:

the state budget:

Anticipated costs to the state budget include staff review of grant applications, copies of documentation for board review and costs associated with regular board meetings. As this is the first year of the program, the Division of Arts and Museums has no data upon which to base an estimate of how many applications will be received and reviewed. It is anticipated each application will require about two hours of staff time for processing, review, and analysis.

local governments:

If a local government is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of Arts and Museums has no data upon which to base an estimate of how much local government staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form.

small businesses:

If a small business is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of Arts and Museums has no data upon which to base an estimate of how much staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form.

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

If a non-profit or community organization is an applicant, it will incur costs associated with the application process. Gathering necessary information and entering that information in the online grant application form will require staff or volunteer time. However, as this is the first year of the process, the Division of Arts and Museums has no data upon which to base an estimate of how much staff time will be required to complete an application. Applicants will likely already have the information required on the application and will copy such information into the division form.

Compliance costs for affected persons:

Gathering necessary information and entering that information in the online grant application form will require time on the part of affected persons. However, as this is the first year of the process, the Division of Arts and Museums has no data upon which to base an estimate of how many applications will be completed by eligible applicants. Applicants will likely already have the information required on the application and will copy such information into the division form.

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

While it is not anticipated businesses will apply for capital facility assistance request prioritization, the only time they will incur a cost is if they apply and have related staff time spent on the application. As this is the first year of the process, the department has no data upon which to base an estimate of how much staff time will be required to complete an application.

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
Arts and Museums
617 E SOUTH TEMPLE
SALT LAKE CITY, UT 84102-1177

Direct questions regarding this rule to:

• Lynnette Hiskey at the above address, by phone at 801-236-7552, by FAX at 801-236-7556, 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:

Palmer DePaulis, Executive Director

RULE TEXT

R207. Community and Culture, Arts and Museums.

R207-3. Capital Funds Request Prioritization.

R207-3-1. Purpose.

The purpose of this rule is to establish the procedure regarding annual capital grant request prioritization by the Utah Arts Council Board of Directors and the Office of Museum Services Advisory Board in the Division of Arts and Museums within the Department of Community and Culture.

R207-3-2. 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.

R207-3-3. Application Submission and Review.

The Board of the Utah Arts Council and the Advisory Board of the Office of Museum Services shall accept applications for capital facilities grant prioritization through June 1 of each year.

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 in 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.

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 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.

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: 9-6-205; 9-6-605

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