No. 31921 (Amendment): R199-8-3. Application Requirements

DAR File No.: 31921
Filed: 09/02/2008, 01:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment will streamline the process for providing the State Historic Preservation Office (SHPO) with information regarding potential impacts to historic sites and structures that may result from the Permanent Community Impact Fund Boards (CIB)'s decisions to provide funding assistance for local government community infrastructure projects.

Summary of the rule or change:

The current rule requires all applicants for CIB financial assistance to provide SHPO with a description of the proposed project and attach SHPO's comment to the CIB application. The CIB and SHPO are entering into a Programmatic Agreement under which certain categories of applications will be excluded from having to supply information to SHPO. Applicants whose projects are not categorically excluded will supply the necessary information to the CIB staff, who will package the information in the agreed to format and content and forward the information to SHPO for their review and comment.

State statutory or constitutional authorization for this rule:

Sections 9-4-305 and 9-8-404

Anticipated cost or savings to:

the state budget:

There should be an aggregate saving in staff time between CIB and SHPO as the net number of applications being reviewed and commented on should be reduced by an estimated ten to twenty percent.

local governments:

There should be an aggregate saving in staff time to local governments applying for CIB financial assistance as the net number of applicants being required to supply information for SHPO review and comment should be reduced by an estimated 10 to 20 percent.

small businesses and persons other than businesses:

There will be no costs to small businesses and individuals. Small businesses and individuals are not eligible to apply for CIB financial assistance.

Compliance costs for affected persons:

There should be an aggregate saving in staff time to local governments applying for CIB financial assistance as the net number of applicants being required to supply information for SHPO review and comment should be reduced by an estimated ten to twenty percent.

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

There will be no fiscal impact on businesses. Businesses are not eligible to apply for CIB financial assistance. 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:

Keith J Burnett at the above address, by phone at 801-538-8725, by FAX at 801-538-8725, 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:

10/22/2008

Interested persons may attend a public hearing regarding this rule:

10/02/2008 at 8:30 AM, 324 South State, Suite 500, Salt Lake City, UT

This rule may become effective on:

11/06/2008

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.

R199-8-3. Application Requirements.

A. Applicants shall submit their funding requests on the Board's most current application form, furnished by the Department of Community and Culture (DCC). Applicants submitting incomplete applications will be notified of deficiencies and their request for funding assistance will be held by the Board's staff pending submission of the required information by the applicant.

Complete applications which have been accepted for processing will be placed one of the Trimester's upcoming "Application Review Meeting" agendas.

B. Additional general information not specifically covered by the application form should also be furnished to the Board and its staff when such information would be helpful to the Board in appraising the merits of the project.

C. For proposed drinking water and sewer projects, sufficient technical information must be provided to the Utah Department of Environmental Quality (DEQ) to permit their review. The Board will not act on any drinking water or sewer project unless they receive such review from DEQ.

D. Planning grants and studies normally require a fifty percent cash contribution by the applicant.

E. The Board requires all applicants to have a vigorous public participation effort. All applicants shall hold at least one formal public hearing to solicit comment concerning the size, scope and nature of any funding request prior to its submission to the Board. In that public hearing, the public shall be advised the financing may be in the form of a loan, even if the application requests a grant.

Complete and detailed information shall be given to the public regarding the proposed project and its financing. The information shall include the expected financial impact including potential repayment terms and the costs to the public as user fees, special assessments, or property taxes if the financing is in the form of a loan. The Board may require additional public hearings if determines the applicant did not adequately disclose to the public the impact of the financial assistance during the initial public hearing.

When the Board offers the applicant a financial package that is substantially different in the amounts, terms or conditions initially requested by an applicant, the Board may require additional public hearings to solicit public comment on the modified funding package.

A copy of the public notice and transcript or minutes of the hearing shall be attached to the funding request. Public opinion polls may be submitted in addition to the transcript or minutes.

F. Letters of comment outlining specific benefits (or problems) to the community and State may be submitted with the application.

G. All applicants are required to notify in writing the applicable Association of Governments of their intention to submit a funding request to the Board. A copy of any comments made by the Association of Governments shall be attached to the funding request. It is the intent of the Board to encourage regional review and prioritization of funding requests to help ensure the timely consideration of all worthwhile projects.

H. [State statute]Section 9-8-404 requires [the Board]all state agencies before [it grants or loans any funds]they expend any state funds or approves any undertaking to take into account the effect of the undertaking on any district, site, building structure or specimen that is included in or eligible for inclusion in the National Register of Historic Places or the State Register and to allow the state historic preservation officer (SHPO) a reasonable opportunity to comment on the undertaking or expenditure. In order to comply with that duty, the Board requires all applicants [to ]provide the [SHPO]Board's staff with a detailed description of the proposed project [and ]attached [the SHPO's comments ]to the application. The Board's staff will provide SHPO with descriptions of applications which may have potential historic preservation concerns for SHPO's review and comment in compliance with the CIB/SHPO Programmatic Agreement. SHPO comments on individual applications will be provided to the Board as part of the review process outline in R199-8-4. Additionally [T]the Board [also] requires that if during the construction of the project the applicant discovers any cultural/paleontological resources, the applicant shall cease project activities which may affect or impact the cultural/paleontological resource, notify the Board and [the ]SHPO of the discovery, allow the Board to take into account the effects of the project on cultural/paleontological resources, and not proceed until further approval is given by the Board.

I. All applicants must provide evidence and arguments to the Board as to how the proposed funding assistance provides for planning, the construction and maintenance of public facilities or the provision of public services.

J. All applicants must demonstrate that the facilities or services provided will be available and open to the general public and that the proposed funding assistance is not merely a device to pass along low interest government financing to the private sector.

K. All applicants must demonstrate that any arrangement with a lessee of the proposed project will constitute a true lease, and not a disguised financing arrangement. The lessee must be required to pay a reasonable market rental for the use of the facility. In addition, the applicant shall have no arrangement with the lessee to sell the facility to the lessee, unless fair market value is received.

L. Each applicant must submit evidence and legal opinion that it has the authority to construct, own and lease the proposed project. In the case of a request for an interest bearing loan, the applicant must provide an opinion of nationally-recognized bond counsel that the interest will not be subject to federal income taxes.

M. All applicants shall certify to the Board that they will comply with the provisions of Titles VI and VII of the Civil Rights Act of 1964 (42 USC 2000e), as amended, which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agree to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90, as amended, which prohibits discrimination on the basis of age; Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and 28 CFR 35, as amended, which prohibit discrimination on the basis of disabilities; Utah Anti-Discrimination Act, Section 34A-5-101 et seq., which prohibits discrimination against any employee or applicant for employment because of race, color, sex, age, religion, national origin, or handicap, and to certify compliance with the ADA to the Board on an annual basis and upon completion of the project.

 

KEY: grants

Date of Enactment or Last Substantive Amendment: [January 1], 2008

Notice of Continuation: September 13, 2007

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