DAR File No. 27180

Environmental Quality, Water Quality

R317-103

Rural Communities Hardship Grants Program

NOTICE OF PROPOSED RULE

DAR File No.: 27180
Filed: 05/14/2004, 05:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The funds appropriated under this program have been expended. The administrative rule that governs the program is no longer needed.

Summary of the rule or change:

The rule is being repealed in its entirety. This program pertains to a one-time federal grants program that was developed in 1997. This program is independent of the on-going Hardship Grant Program that is capitalized with state, not federal, funds.

State statutory or constitutional authorization for this rule:

Section 19-4-104

Anticipated cost or savings to:

the state budget:

No change to state budget. This rule applied to a one-time federal grants program that has been discontinued. Funds appropriated for this program have been expended.

local governments:

No costs or savings to local government. This rule applied to a one-time federal grants program that has been discontinued. Funds appropriated for this program have been expended.

other persons:

No costs or savings to other persons. This rule applied to a one-time federal grants program that has been discontinued. Funds appropriated for this program have been expended.

Compliance costs for affected persons:

The rule is being proposed for repeal in its entirety. No compliance costs.

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

The existing rule did not apply to businesses. Repeal of the rule should not have any fiscal impact on businesses.

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

Direct questions regarding this rule to:

Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@utah.gov

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:

07/01/2004

This rule may become effective on:

07/16/2004

Authorized by:

Don Ostler, Director

RULE TEXT

R317. Environmental Quality, Water Quality.

[R317-103. Rural Communities Hardship Grants Program.

R317-103-1. Policies and Guidelines.

A recipient of assistance under this program must apply for a loan from the Utah SRF loan program and must meet criteria described under R317-101-2.I. If a community cannot afford a loan for at least 15 percent of a project's SRF-eligible cost, the Water Quality Board may elect to provide an SRF loan which constitutes less than 15 percent of the total project cost. The Water Quality Board may also provide hardship assistance alone. In these cases, provisions in the general grant regulations of 40 CFR Part 31 and other rules that apply to subrecipients of grants, will apply to the recipient of the hardship grant. In addition to the general grant regulations, which prescribe rules on financial management, procurement and record keeping practices of subgrantees, projects receiving hardship assistance alone or less than 15 percent SRF funding must comply with Federal cross-cutting authorities and with EPA regulations implementing the National Environmental Policy Act of 40 CFR Part 6. The provisions of R317-101, Utah Wastewater Project Assistance Program, apply as a part of this Rule.

R317-103-2. Statutory Authority.

The authority for the Department of Environmental Quality acting through the Utah Water Quality Board to issue grants to political subdivisions to finance all or part of wastewater project costs from a federal grant is provided in Title VI of the Federal Clean Water Act and Sections 73-10c-1 and 73-10c-4 of the Utah Code Annotated.

R317-103-3. Definitions and Eligibility.

A. A qualifying community is defined as any community of more than a single household but no more than 3,000 inhabitants that is identified by the Water Quality Board as a rural community, is not a remote area within the corporate boundaries of a larger city, and satisfies the criteria described below:

1. The community lacks centralized wastewater treatment or collection systems or needs improvements to onsite wastewater treatment systems and the State determines that assistance will improve public health or reduce an environmental risk; and

2. Per capital annual income of residents served by the project does not exceed 80 percent of national, per capita income.

3. On the date the community applies for assistance, the local unemployment rate exceeds by one percentage point or more the most recently reported, average yearly national unemployment rate.

B. Eligible Activities of the Rural Communities Hardship Grants Fund. All funds within the Rural Communities Program fund must be used solely to provide grant awards to individual qualifying Utah communities or to provide technical assistance to qualifying communities for the planning, design and construction of a wastewater project as defined in R317-101-2(c) and which appears on the Utah State Revolving Fund Intended Use Plan.

KEY: wastewater, loans, water quality

October 24, 1997

Notice of Continuation October 7, 2002

73-10c-5]

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For questions regarding the content or application of this rule, please contact Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.