No. 31391: R305-4. Clean Fuels and Vehicle Technology Fund Grant and Loan Program

DAR File No.: 31391
Filed: 08/07/2008, 12:03
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to clarify the language of Rule R305-4 in response to public comments.

Summary of the rule or change:

The reference used in the Section R305-4-2 definition of "Fund" was changed to more accurately cite the correct reference. A clarification was made in Subsection R305-4-5(3) which now states that applicant will be issued reimbursement for the applicant's "project costs" rather then the applicant's expenses. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the June 1, 2008, issue of the Utah State Bulletin, on page 84. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 19-1-401

Anticipated cost or savings to:

the state budget:

No anticipated cost or savings are expected with these changes, because no additional requirements were added.

local governments:

No anticipated cost or savings are expected with these changes, because no additional requirements were added.

small businesses and persons other than businesses:

No anticipated cost or savings are expected with these changes, because no additional requirements were added.

Compliance costs for affected persons:

No anticipated cost are expected with these changes, because no additional requirements were added.

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

No anticipated cost or savings are expected for businesses with these changes, because no additional requirements were added. Rick Sprott, Executive Director

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

Environmental Quality
Administration
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

This rule may become effective on:

10/01/2008

Authorized by:

Richard W. Sprott, Executive Director

RULE TEXT

R305. Environmental Quality, Administration.

R305-4. Clean Fuels and Vehicle Technology Fund Grant and Loan Program.

 

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R305-4-2. Definitions.

"Clean fuel" means clean fuel as defined in Subsection 19-1-402(1).

"Clean-fuel vehicle" means clean-fuel vehicle as defined in Subsection 19-1-402(2).

"Department" means the Utah Department of Environmental Quality.

"Fund" means fund as defined in Subsection 19-1-403[(5)].

"Government vehicle" means government vehicle as defined in Subsection 19-1-402(6).

"Grant" means monies awarded to an applicant from the fund that do not have to be repaid.

"Electric-hybrid vehicle" means electric-hybrid vehicle as defined in Subsection 19-1-402(3).

"OEM vehicle" means OEM vehicle as defined in Subsection 19-1-402(8).

"Private sector business vehicle" means private sector business vehicle as defined in Subsection 19-1-402(9).

"Refueling equipment" means refueling equipment as defined in Subsection 19-1-402(10)

"Retrofit" means retrofit as defined in Subsection 19-1-402(11).

 

. . . . . . .

 

R305-4-5. Final Approval Procedure and Payment Process.

(1) Once an applicant's project has been pre-approved to receive a grant or loan, the applicant shall provide all additional documentation required in R307-123.

(2) If rejected at any stage of the process, the applicant may consult with the Department to determine appropriate revisions to the application that should be made prior to submitting the application for reconsideration.

(3) Once an applicant has obtained final approval to receive a grant or loan, including signed contract documents, monies from the fund will be issued as reimbursements for the applicant's [expenses]project costs.

(4) Grant or loan monies for a state match of a federal or non-federal grant will only be issued to the applicant after the applicant's project has been approved by the granting entity for the federal or non-federal grant.

(5) The approved applicant shall continue to comply with the provisions of this rule.

 

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KEY: air pollution, alternative fuels, grants and loans, motor vehicles

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: [19-2-104; ]19-1-401