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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

Wednesday, May 10, 2017/Categories: Administrative Rules, Community Development

BEFORE THE DEPARTMENT OF COMMERCE

                                               OF THE STATE OF MONTANA

In the matter of the amendment of ARM 8.94.3729 pertaining to the administration of the 2017 and 2018 Program Year Federal Community Development Block Grant (CDBG) Program – Public Facilities Projects and ARM 8.94.3730 pertaining to the administration of the 2017 and 2018 Program Year Federal Community Development Block Grant (CDBG) Program – Affordable Housing Projects

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 1.  On June 1, 2017, at 11:00 a.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, to consider the proposed amendment 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 30, 2017, 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 bmartello@mt.gov.

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

8.94.3729  INCORPORATION BY REFERENCE OF RULES FOR THE APPLICATION AND ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – PUBLIC FACILITIES PROJECTS  (1)  The Department of Commerce adopts and incorporates by reference the 2016-2017 2017-2018 Application and Administrative Guidelines for Public Facilities Projects Grants as rules for the administration of the 2016-2017 2017-2018 Community Development Block Grant (CDBG) Program.

(2)  The rules incorporated by reference in (1) relate to the scope and procedures for the award, administration, monitoring, and close-out of matching planning grants to cities, towns, counties, and consolidated governments, county or multicounty water, wastewater or solid waste districts, and tribal governments.

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

AUTH:  90-1-103, MCA
IMP:  90-1-103, MCA

REASON:  It is reasonably necessary to adopt this rule because the federal regulations governing the state's administration of the Community Development Block Grant Program (CDBG) and 90-1-103, MCA, require the department to adopt rules to implement the program.

8.94.3730  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – AFFORDABLE HOUSING DEVELOPMENT PROJECTS  (1)  The Department of Commerce adopts and incorporates by reference the 2016-2017 2017-2018 Application and Administrative Guidelines for Affordable Housing Development Projects as rules for the administration of the 2016-2017 2017-2018 Community Development Block Grant (CDBG) Program.

(2)  The rules incorporated by reference in (1) relate to the scope and procedures for the award, administration, monitoring, and close-out of matching project grants to cities, towns, counties, and consolidated governments, county or multicounty water, wastewater or solid waste districts, and tribal governments.

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

AUTH:  90-1-103, MCA
IMP:  90-1-103, MCA

REASON:  It is reasonably necessary to adopt this rule because the federal regulations governing the state's administration of the Community Development Block Grant Program (CDBG) and 90-1-103, MCA, require the department to adopt rules to implement the program.

 4.  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, Grants Bureau, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2770; TDD 841-2702; fax (406) 841-2771; or e-mail DOCCDBG@mt.gov, and must be received no later than 5:00 p.m., June 9, 2017.

5.  Kathy Plettenberg, CDBG Public Facility and Housing Program Manager, Department of Commerce, 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 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 4 above or may be made 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.

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

/s/ Marty Tuttle                                              /s/ Douglas Mitchell                        

Marty Tuttle                                                   Douglas Mitchell
Rule Reviewer                                              Deputy Director
                                                                     Department of Commerce

            Certified to the Secretary of State May 1, 2017.

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DIRECTOR'S OFFICE | MONTANA DEPARTMENT OF COMMERCE
301 S. PARK AVE. | PO BOX 200501 | HELENA, MT 59620-0501 | P: (406) 841-2700 | F: (406) 841-2701 | TDD: (406) 841-2702