Notice of Public Hearing CDBG Guidelines 2022
BEFORE THE DEPARTMENT OF COMMERCE OF THE STATE OF MONTANA
In the matter of the amendment of ARM 8.94.3727, 8.94.3729, 8.94.3730, and 8.94.3731 pertaining to the administration of the CDBG program
TO: All Concerned Persons
1. On August 25, 2022, at 10:00 a.m., the Department of Commerce will hold a public hearing via zoom to consider the proposed amendment of the above-stated rules. Interested parties may access the remote conferencing platform in the following ways:
a. Video:
https://mt-gov.zoom.us/s/87838354534?pwd=c3ZFaHBmc0NJRnhTV2ZDNitRcCtVUT09
Webinar ID: 878 3835 4534 Password: 444984
b. Phone: Dial in by Telephone: 406-444-9999
Meeting ID: 878 3835 4534 Password: 444984
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., August 23, 2022, 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 CDBG PROGRAM (1) remains the same.
(a) the FFY 2012 Application Guidelines for the Community Development Block Grant Economic Development Program (July 2022); and
(b) and (2) remain the same.
(3) Copies of the Application Guidelines and Grant Administration Manual adopted by reference in (1) can be viewed on the department's web site at http://Comdev.mt.gov/Programs/CDBG, or may be obtained from the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523. Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community MT, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Community MT's web site at https://comdev.mt.gov/Programs-and-Boards/Community-Development-Block-Grant-Program/Economic-Development.
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 Community Development Block Grant Economic Development Program (CDBG-ED) Application Guidelines to increase the application limit from $25,000 to $35,000 per job, allowing for increased total awards from $400,000 to $560,000; streamline application and guidelines for improved clarity and ease of use by program applicants; improve efficiency in the administration of the application process by posting deadlines, contact information, and submission requirements on the Commerce web site, rather than in the regulations; and allow for digital submission of applications.
8.94.3729 INCORPORATION BY REFERENCE OF RULES FOR 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 2021 Community and Public Facilities Application and Guidelines as rules for the administration of the Community Development Block Grant (CDBG) Program (July 2022).
(2) remains the same
(3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division MT, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Community Development Division's MT's web site at https://comdev.mt.gov/Programs/CDBG/Facilities/ApplicationForms https://comdev.mt.gov/Programs-and-Boards/Community-Development-Block-Grant-Program/Public-and-Community-Facilities.
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 Community and Public Facilities Application and Guidelines to increase application limit from $600,000 to $750,000 to help address increased material and labor construction costs; in limited circumstances, and with Commerce approval, allow a city or county applicant to have more than one CDBG Public Facility or Community Facility application open; improve efficiency in administration of the application process by posting deadlines, contact information, and submission requirements on the Commerce web site, rather than in the regulations; and allow for digital submission of applications.
8.94.3730 INCORPORATION BY REFERENCE OF RULES FOR 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 2020 Affordable Housing Development and Rehabilitation Application and Guidelines as rules for the administration of the Community Development Block Grant (CDBG) Program (July 2022).
(2) remains the same.
(3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division MT, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Community Development Division's MT's (July 2022) web site at https://comdev.mt.gov/Programs/CDBG/Housing/ApplicationForms
https://comdev.mt.gov/Programs-and-Boards/Community-Development-Block-Grant-Program/Housing.
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 Affordable Housing Development and Rehabilitation Application and Guidelines to increase application limit from $600,000 to $750,000 to help address increased material and labor construction costs; in limited circumstances, and with Commerce approval, to allow a city or county applicant to have more than one CDBG Public Affordable Housing Development and Rehabilitation application open; to improve efficiency in administration of the application process by posting deadlines, contact information, and submission requirements on the Commerce web site, rather than in the regulations; and to allow for digital submission of applications.
8.94.3731 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – HOUSING STABILIZATION PROGRAM APPLICATION GUIDELINES
(1) The Department of Commerce adopts and incorporates by reference the 2020 Housing Stabilization Program Application Guidelines as rules for the Community Development Block Grant (CDBG) Program (July 2022).
(2) remains the same.
(3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division MT, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Community Development Division MT's web site at https://comdev.mt.gov/Programs/CDBG/Housing/ApplicationForms
https://comdev.mt.gov/Programs-and-Boards/Community-Development-Block-Grant-Program/Housing.
REASON: It is reasonably necessary to amend this rule to incorporate updated material for the administration of the Housing Stabilization Program Application Guidelines; to improve efficiency in administration of the application process by posting deadlines, contact information, and submission requirements on the Commerce web site, rather than in the regulations; and to allow for digital submission of applications.
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, 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., September 2, 2022.
5. The Office of Legal Affairs, 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. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
8. 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/ Amy Barnes /s/ Adam Schafer
Amy Barnes Adam Schafer
Rule Reviewer Deputy Director
Department of Commerce
Certified to the Secretary of State July 26, 2022.
MAR Notice No. 8-94-199 15-8/5/22
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