No. 31582 (New Rule): R277-606. Grants to Purchase or Retrofit Clean SchoolBuses

DAR File No.: 31582
Filed: 06/16/2008, 03:33
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This result is in response to 2008 legislature in H.B. 146 that provides $100,000 to school districts that agree to provide matching funds to purchase new school buses or retrofit existing school buses to meet designated federal clean air standards. (DAR NOTE: H.B. 146 (2008) is found at Chapter 68, Laws of Utah 2008, and will be effective 07/01/2008.)

Summary of the rule or change:

The rule includes State Board of Education grants and timelines and school district responsibilities.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. School districts selected as grant recipients shall receive funding for purchasing new school buses or retrofitting existing school buses to meet designated federal clean air standards. Any Utah State Board of Education/Utah State Office of Education responsibilities will be administered by existing staff within existing budget.

local governments:

There are no anticipated costs or savings to local government. Grant recipients will receive funding appropriated by the 2008 Legislature to purchase new school buses or retrofit existing school buses to meet designated federal clean air standards.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. The funding is to provide grants to public school districts and does not involve small businesses or persons other than businesses.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Grant recipients will receive funding appropriated by the 2008 Legislature to purchase new school buses or retrofit existing school buses to meet designated federal clean air standards.

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

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

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

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, 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:

07/31/2008

This rule may become effective on:

08/07/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-606. Grants to Purchase or Retrofit Clean School Buses.

R277-606-1. Definitions.

A. "Appropriation" for purposes of this rule means one-time funding provided by the 2008 Utah Legislature for the purpose of encouraging school districts to purchase or retrofit their school buses to meet federal standards as defined in 42 U.S.C. Sec. 16091 which are hereby incorporated by reference.

B. "Board" means "the State Board of Education.

C. "Matching funds" from school districts means monies provided by school district applicants in a fifty/fifty match for funding provided under Section 41-6a-1308 and this rule.

D. "USOE" means the Utah State Office of Education.

 

R277-606-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and by Section 41-6a-1308 which directs the Board to use the appropriation in this section to provide matching grants to school districts that agree to purchase or retrofit school buses to meet the federal standards.

B. The purpose of the rule is to distribute $100,000 appropriated by the Legislature to school districts that agree to provide matching funds to purchase new school buses or retrofit existing school buses to meet designated federal clean air standards.

 

R277-606-3. State Board of Education Grants and Timelines.

A. The USOE acting on behalf of the Board shall provide an electronic application for grants under Section 41-6a-1308 and R277-606 directed to school districts.

B. The USOE shall work closely with the Utah Division of Environmental Quality (DEQ) in developing the application.

C. The USOE shall make applications available by June 1, 2008.

D. The USOE in consultation with the DEQ shall select grant applicants based on:

(1) availability and stability of matching funds;

(2) district support for improving school buses and maintaining and servicing the improvements;

(3) geographic and district-size diversity of applicants; and

(4) other criteria, as determined mutually by the USOE and the DEQ.

E. The USOE shall notify successful grant recipients no later than July 15, 2008.

F. If there are insufficient grant applications that meet all requirements of Section 41-6a-1308 and R277-606, the Board may retain the funding and seek grant applicants throughout the 2008-09 school year and beyond, if necessary.

 

R277-606-4. School District Responsibilities.

A. School district applicants shall identify matching funds from appropriate sources, as required under Section 41-6a-1308(3).

B. School district applicants shall submit grant applications no later than June 30, 2008.

C. School district applicants shall agree to participate in all evaluation and reporting requirements established by the USOE and the DEQ consistent with the purposes of Section 41-6a-1308.

 

KEY: school buses, retrofit, purchase, grants

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 41-6a-1308