DAR File No. 32023

Education, Administration

R277-606

Grants to Purchase or Retrofit Clean School Buses

NOTICE OF PROPOSED RULE

DAR File No.: 32023
Filed: 10/10/2008, 06:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to best maximize the $100,000 one-time monies for grant funding for Utah schools.

Summary of the rule or change:

The amendments provide for changes to definitions, changes in authority and purpose, changes to the state Board of Education Grants and Time lines, and changes to the 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. Funding was provided and will be distributed to the extent of funds available.

local governments:

There are no anticipated costs or savings to local government. Funding was provided and will be distributed to the extent of funds available.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND other persons. Funding was provided and will be distributed to the extent of funds available.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Funding was provided and will be distributed to the extent of funds available.

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 carol.lear@schools.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:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

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, January 3, 2006, 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]means grant funding provided by the federal government or private sources to school districts for the purchase or retrofit of clean school buses as defined in 42 U.S.C. 220 Sec. 1609.

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], in consultation with school districts and the Air Quality Board, to adopt idling programs and standards for public school buses.

B. The purpose of the rule is to distribute [$100,000]state funds appropriated by the 2008 Legislature to school districts [that agree to provide matching funds]to match grants awarded by the federal government or private sources to purchase new school buses or retrofit existing school buses to meet designated federal clean air standards, to the extent of funds available.

 

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 for state funds.

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

D]C. 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]D. The USOE shall notify successful grant recipients [no later than July 15, 2008]upon application approval.

[F]E. 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)]obtain government or private grants and receive state funds appropriated to the Board by the Legislature for the purposes of this rule.

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

C]B. 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, purchases, grants

Date of Enactment or Last Substantive Amendment: [August 7,] 2008

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