BEFORE THE DEPARTMENT OF COMMERCE

                                               OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 8.94.3727, 8.94.3729, and 8.94.3730, and the repeal of ARM 8.94.3726 pertaining to the administration of CDBG program

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

TO:  All Concerned Persons

 

            1.  On April 2, 2020, at 2:00 p.m., the Department of Commerce will hold a public hearing in Room 228 of the Park Avenue Building at 301 South Park Avenue, in Helena, Montana, or by conference call 1-877-273-4202, conference room 7865396, 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., March 31, 2020, to advise us of the nature of the accommodation that you need.  Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0523; telephone (406) 841-2596; TDD 841-2702; fax (406) 841-2771; or e-mail docadministrativerules@mt.gov.

 

3.  The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            8.94.3727  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2015-2016 CDBG PROGRAM  (1)  The Department of Commerce adopts and incorporates by reference the following as rules for the administration of the CDBG and NSP programs:

      (a)  the Montana Community Development Block Grant Program FFY 2015-2016 Application Guidelines for Community Planning Grants;

      (b)  the FFY 2015-2016 Application Guidelines for Noncompetitive Housing Grants;

            (c)  the FFY 2011 Application Guidelines for the Community Development Block Grant Economic Development Program as amended April 2012;

            (a) (d)  the FFY 2012 Application Guidelines for the Community Development Block Grant Economic Development Program; and

            (b) (e)  the Montana Community Development Block Grant Program and Neighborhood Stabilization Program FFY 2015-2016 Grant Administration Manual;

            (f)  the Montana Community Development Block Grant Program FFY 2015-2016 Application Guidelines for Public Facilities Projects; and

            (g)  the FFY 2015-2016 Application Guidelines for Housing and Neighborhood Renewal Projects.

            (2)  The rules incorporated by reference in (1) relate to the following:

      (a) remains the same.

      (b)  requirements for CDBG Economic Development applicants;

      (c)  procedures for evaluating CDBG Economic Development applications;

      (d) through (3) remain the same.

             

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

REASON:  It is reasonably necessary to amend this rule to remove outdated material for the administration of the CDBG and NSP grant programs.

 

            8.94.3729  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – COMMUNITY AND PUBLIC FACILITIES PROJECTS APPLICATION AND GUIDELINES  (1)  The Department of Commerce adopts and incorporates by reference the 2018-2019 Application and Administrative Guidelines for Public Facilities Projects Grants 2020 Community and Public Facilities Application and Guidelines as rules for the administration of the 2018-2019 Community Development Block Grant (CDBG) Program.

      (2)  The rules incorporated by reference in (1) relate to the scope and procedures for the applying and awarding, administration, monitoring, and close-out of matching planning grants to cities, towns, counties, and consolidated governments.

      (3)  Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Community Development Division's web site at http://comdev.mt.gov/Programs/CDBG/Facilities/Overview https://comdev.mt.gov/Programs/CDBG/Facilities/ApplicationForms.

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

REASON:  It is reasonably necessary to amend this rule to incorporate updated material for the administration of the 2020 Community and Public Facilities Application and Guidelines.

 

      8.94.3730  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – AFFORDABLE HOUSING DEVELOPMENT AND REHABILITATION PROJECTS APPLICATION AND GUIDELINES  (1)  The Department of Commerce adopts and incorporates by reference the 2018-2019 Application and Administrative Guidelines for Affordable Housing Development Projects 2020 Affordable Housing Development and Rehabilitation Application and Guidelines as rules for the administration of the 2018-2019 Community Development Block Grant (CDBG) Program.

      (2)  The rules incorporated by reference in (1) relate to the scope and procedures for the applying and awarding, administration, monitoring, and close-out of matching project grants to cities, towns, counties, and consolidated governments.

      (3)  Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Community Development Division's web site at http://comdev.mt.gov/Programs/CDBG/Housing/Overview https://comdev.mt.gov/Programs/CDBG/Housing/ApplicationForms.

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

REASON: It is reasonably necessary to amend this rule to incorporate updated material for the administration of the 2020 Affordable Housing Development and Rehabilitation Application and Guidelines.

 

            4.  The department proposes to repeal the following rule:

 

            8.94.3726  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2010-2011 CDBG

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

REASON:  The Department of Commerce has determined there is reasonable necessity to repeal ARM 8.94.3726 because all projects initiated hereunder have been closed out. Therefore, this rule is no longer necessary and has no effect.

 

            5.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to the Department of Commerce, Legal Department, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; TDD 841-2702; fax (406) 841-2771; or e-mail docadministrativerules@mt.gov, and must be received no later than 5:00 p.m., April 10, 2020.

 

6.  The Office of Legal Affairs, Department of Commerce, has been designated to preside over and conduct this hearing.

 

7.  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 shall 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 contact listed in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

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

 

9.  With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Amy Barnes                                                         /s/ Tara Rice                        

Amy Barnes                                                              Tara Rice

Rule Reviewer                                                          Director

                                                                                  Department of Commerce

           

Certified to the Secretary of State March 3, 2020.