No. 29071 (Amendment): R199-8-5. Local Capital Improvement Lists

DAR File No.: 29071
Filed: 09/20/2006, 11:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make the submission of the capital improvements lists concurrent with the first funding cycle of the calendar year.

Summary of the rule or change:

The amendment changes the due date for capital improvements lists from April 1st of a calendar year to December 1st of the preceding calendar year.

State statutory or constitutional authorization for this rule:

Section 9-4-305

Anticipated cost or savings to:

the state budget:

Because this revision does not create any new requirements, no change in costs is expected to the state budget.

local governments:

Because this revision does not create any new requirements, no change in costs is expected for local governments.

other persons:

Because this revision does not create any new requirements, no change in costs is expected for other persons.

Compliance costs for affected persons:

Because this revision does not create any new requirements, no change in costs is expected for affected persons.

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

Because this revision does not create new requirements, no change in costs is expected for businesses. 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
Housing and Community Development
324 S STATE ST
SALT LAKE CITY UT 84111-2388

Direct questions regarding this rule to:

Mark Bedel at the above address, by phone at 801-538-8765, by FAX at 801-538-8888, 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:

11/14/2006

This rule may become effective on:

11/21/2006

Authorized by:

Palmer DePaulis, Executive Director

RULE TEXT

R199. Community and Culture, Housing and Community Development.

R199-8. Permanent Community Impact Fund Board Review and Approval of Applications for Funding Assistance.

R199-8-5. Local Capital Improvement Lists.

A. A consolidated list of the anticipated capital needs for eligible entities shall be submitted from each county area, or in the case of state agencies, from DCC. This list shall be produced as a cooperative venture of all the eligible entities within each county area.

B. The list shall contain a short term (one year) and a medium term (five year) component.

C. The list shall contain the following items: jurisdiction, summary description, project time frame, anticipated time of submission to PCIFB, projected overall cost of project, anticipated funding sources, the individual applicant's priority for their own projects, and the county area priority for each project. The county area priority for each project shall be developed as a cooperative venture of all eligible entities within a county area.

D. Projects not identified in a county area's or DCC 's list, will not be funded by the PCIFB, unless they address a bona fide public safety or health emergency or for other compelling reasons.

E. An up-dated list shall be submitted to the Board no later than [April]December 1st of each year. The up- dated list shall be submitted in the uniform format required by the Board.

F. If the consolidated list from a county area does not contain the information required in R-199-8-5-C, or is not in the uniform format required in R-199-8-5-E, all applications from the affected county area will be held by the Board's staff until the next funding cycle pending submission of the required information in the uniform format.

G. The Board has authorized its staff to hold any application that does not appear on the applicable local capital improvement list. Such applications will be held until the next funding cycle to allow the applicant time to pursue amending the local capital improvement list.

H. The amendment to include an additional project must follow the process used for the original list, and it must contain the required information and be submitted in the uniform format, particularly the applicant and county area prioritization.

I. The regional Association of Governments are the compilers of the capital improvement lists. The AOG cannot simply add additional applications to any given list without the applicant meeting the process requirements outlined in Item III-B, above.

J. Not withstanding Item III-C, above, allowing an applicant to add a project to the capital improvement list just prior to the application deadline subverts the intent of the capital improvement list process. Such applications will be held by the Board's staff until the next funding cycle.

 

KEY: grants

Date of Enactment or Last Substantive Amendment: [December 8, 2003]2006

Notice of Continuation: November 5, 2002

Authorizing, and Implemented or Interpreted Law: 9-4-305