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Montana Administrative Register Notice 8-99-103 No. 8   04/26/2012    
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BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the adoption of new Rule I and Rule II pertaining to the implementation of the Big Sky Economic Development Trust Program and the repeal of ARM 8.99.901, 8.99.902, 8.99.903, 8.99.904, 8.99.905, 8.99.906, 8.99.907, 8.99.908, 8.99.909, 8.99.910, 8.99.911, 8.99.912, 8.99.913, 8.99.914 , 8.99.915, 8.99.916 pertaining to the implementation of the Big Sky Economic Development Trust Program

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND REPEAL

 

TO:  All Concerned Persons

 

1.  On May 17, 2012, at 1:00 p.m., the Department of Commerce will hold a public hearing in Room 228, of the Park Avenue Building, 301 South Park Avenue, Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules.

 

2.  The Department of Commerce will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Commerce no later than 5:00 p.m., May 11, 2012, to advise us of the nature of the accommodation that you need.  Please contact Nancy Faroni, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2744; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to nfaroni@mt.gov.

 

3.  The rules are proposed to be adopted provides as follows:

 

NEW RULE I  INCORPORATION BY REFERENCE OF RULESGOVERNING SUBMISSION AND REVIEW OF APPLICATIONS

(1)  The department adopts and incorporates by reference the Big Sky Economic Development Trust Fund Application Guidelines, with the most current guidelines being posted on the Big Sky Economic Development Trust Fund web site, as rules governing the submission and review of applications under the program.

(2)  The guidelines incorporated by reference relate to the following:

(a)  program inquiries;

(b)  program funding;

(c)  application deadlines;

(d)  eligibility;

(e)  program requirements;

(f)  penalties;

(g)  application procedures;

(h)  review of applications; and

(i)  procedures for accessing funds.

 

AUTH: 90-1-204, MCA

IMP: 90-1-203, 90-1-204, 90-1-205, MCA

 

REASON: The Big Sky Economic Development Trust Fund Application Guidelines are incorporated, by reference, into the rules to streamline the process for applicants and thereby making the program more accessible and easily understood.

 

NEW RULE II  PROGRAMMATIC REQUIREMENTS

(1)  The department has established the following distribution method, for non administrative expenses, of the Big Sky Economic Development Trust Funds:

(a)  75% must be allocated for distribution to local governments and tribal governments to be used for job creation projects; and

(b)  25% must be distributed to certified regional development corporations, tribal governments, and eligible economic development organizations for economic development planning activities.

(2)  The department has established the following eligible use of Big Sky Economic Development Trust Funds:

(a)  Awards to local governments and tribal governments for job creation projects shall include, but are not limited to:

(i)  purchase of land, building, or equipment for the direct use of the assisted business;

(ii)  lease rate reduction for lease of publicly or privately owned real property for the direct use of the assisted business;

(iii) relocation costs incurred in connection with moving the assisted business's physical assets to Montana;

(iv)  employee training; and

(v)  administration.

(b)  Awards to certified regional development corporations, tribal governments, and other eligible economic development organizations shall include the following economic development planning activities:

(i)  support for business improvement districts and central business district redevelopment;

(ii)  industrial development;

(iii)  feasibility studies;

(iv)  creation and maintenance of baseline community profiles;

(v)  matching funds for federal funds; and

(vi)  administration.

(3)  The maximum funding levels are as follows:

(a)  Local governments and tribal governments may not exceed $5,000 for each eligible job to be created by an eligible business, except that funding for a project in a high-poverty county may not exceed $7,500 for each eligible job.

(b)  The eligible jobs used as the basis for determining the award amount shall be net new jobs to the business associated with the project in Montana and shall not include jobs transferred from any existing Montana operations of the business or any related entity.

(4)  Entities must provide matching funds as specified below:

(a)  Local governments and tribal governments shall provide equal matching funds for all job creation awards allocated under the program, except that the department may allow a 50% to 100% match requirement for projects located in a high-poverty county.

(b)  Certified regional development corporations, tribal governments and other eligible economic development organizations may be required to document or provide matching funds for economic development planning awards allocated under the program.

(5)  The department will require full or partial repayment of the award, if the assisted business fails to create or maintain the number of net new eligible jobs as specified in the executed contract.

 

AUTH: 90-1-204, MCA

IMP: 90-1-203, 90-1-204, 90-1-205, MCA

 

REASON: The Programmatic Requirements rule provides specific information concerning the statutory requirements of the program.

 

4.  The department proposes to repeal the following rules:

 

8.99.901  DEFINITIONS, found at page 8-3661 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-201, MCA

IMP: 90-1-201, MCA

 

8.99.902  SCOPE AND PURPOSE OF ADMINISTRATIVE RULES, found at page 8-3662 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.903  PURPOSE OF BIG SKY ECONOMIC DEVELOPMENT PROGRAM, found at page 8-3662 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-202, MCA

IMP: 90-1-202, MCA

 

 8.99.904  INCORPORATION BY REFERENCE OF RULES

GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS, found at page 8-3662.1 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.905  DISTRIBUTION OF FUNDS FROM THE BIG SKY

ECONOMIC DEVELOPMENT ACCOUNT, found at page 8-3662.1 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-205, MCA

IMP: 90-1-205, MCA

 

            8.99.906  ENTITIES BARRED FROM RECEIVING FUNDS, found at page 8-3662.1 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.907  FORM OF FINANCIAL ASSISTANCE, found at page 8

3662.2 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-203, MCA

IMP: 90-1-203, MCA

 

8.99.908  MAXIMUM AWARD AMOUNT, found at page 8-3662.2 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.909  AWARD LIMITATIONS, found at page 8-3662.2 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.910  AWARD MATCH REQUIREMENT, found at page 8-3662.2 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

 8.99.911  ELIGIBLE USES OF AWARDS, found at page 8-3662.3 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.912  ELIGIBLE BUSINESS, found at page 8-3662.3 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.913  APPLICATION REVIEW PROCEDURE, found at page 8-3662.3 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.914  AWARD DECISION CRITERIA, found at page 8-3662.4 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.915  ABILITY TO REQUEST ADDITIONAL INFORMATION, found at page 8-3662.4 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA

 

8.99.916  FAILURE TO PROVIDE INFORMATION, found at page 8-3662.4 of the Montana Administrative Rules of Montana.

 

AUTH: 90-1-204, MCA

            IMP: 90-1-204, MCA

 

REASON:  The rules are being rewritten to streamline the process for the applicants, making the program more accessible and easily understood.

 

5.  Concerned persons may submit their data, views, or arguments in written form or a request for opportunity to submit data, views, or arguments in oral form to: Nancy Faroni, Department of Business Resources Division,301 South Park Avenue, P.O. Box 200501, Helena, Montana, 59620-0501; telephone (406) 841-2744; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to nfaroni@mt.gov, and must be received no later than 5:00 p.m., May 26, 2012.

           

Nancy Faroni, Section Manager, has been designated to preside over and conduct this hearing.

 

6.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list may make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to bmartello@mt.gov, or by completing a request form at any rules hearing held by the Department.

 

7.  An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

/s/  MARTY TUTTLE                                                /s/  DORE SCHWINDEN               

MARTY TUTTLE                                                      DORE SCHWINDEN

Rule Reviewer                                                         Director

                                                                                    Department of Commerce

 

Certified to the Secretary of State April 13, 2012.

 

 

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