Montana Administrative Register Notice 8-111-185 No. 24   12/24/2020    
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In the matter of the amendment of ARM 8.111.602 definitions and 8.111.603 housing credit allocation procedure







TO: All Concerned Persons


           1. On January 13, 2021, at 11:00 a.m., the Department of Commerce will hold a public hearing by conference call, 1-877-273-4202, conference room 7865396, 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., January 11, 2021, 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) 841-2770; 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:


            8.111.602 DEFINITIONS (1) and (2) remain the same.

            (3)  "QAP" means the board's "Housing Credit Program 2021 2022 Qualified Allocation Plan," which sets forth the application process and selection criteria used by the board for evaluation and selection of projects to receive awards for allocation of housing credits for calendar year 2021 2022. The board adopts and incorporates by reference the Housing Credit Program 2021 2022 Qualified Allocation Plan, copies of which may be obtained by contacting the Board of Housing by mail at P.O. Box 200528, Helena, MT 59620-0528, by telephone at (406) 841-2845 or (406) 841-2838, or at the board's web site www.housing.mt.gov.

            (4) remains the same.


AUTH: 90-6-106, MCA

IMP: 90-6-104, MCA


REASON: The proposed amendments to ARM 8.111.602 are necessary to adopt and incorporate by reference the board's Housing Credit Program 2022 Qualified Allocation Plan (QAP).


Federal low-income housing tax credits are allocated by the federal government to the states, according to their population, for allocation to particular buildings. Each state's share of federal low-income housing tax credits is allocated to particular buildings under programs administered by the respective states' housing credit agencies. The Montana Board of Housing is Montana's housing credit agency for purposes of administering the tax credit program and allocating tax credits in the state of Montana. In Montana, the program is known as the Montana Housing Credit Program. Federal law requires that tax credits allocated to the state by the federal government must be allocated by the state pursuant to a "qualified allocation plan" or QAP.


Prior to publication of this notice, the board conducted several public meetings to consider suggestions and comments regarding the provisions of the 2022 QAP. Thereafter, at its September 15, 2020 meeting, the board considered and approved public notice and distribution of the proposed 2022 QAP. After public notice of the proposed 2022 QAP and of the opportunity for public comment was published and distributed, a public hearing on the proposed 2022 QAP was held on October 27, 2020 and written comments were also received. At its November 2, 2020 meeting, after considering all written and oral comments on the proposed 2022 QAP, staff recommendations, additional public comment and various proposed revisions in response to comments, the board approved the 2022 QAP for submission to and approval by the Montana Governor, as required by the federal tax credit statute, 26 U.S.C. § 42. Governor Bullock approved the 2022 QAP on November 13, 2020.


A copy of the 2022 QAP is available on the internet at http://housing.mt.gov/MFQAP or by requesting a copy from: Nicole Whyte, Board of Housing, Department of Commerce, 301 South Park Avenue, P.O. Box 200528, Helena, Montana, 59620-0528; telephone (406) 841-2048; fax (406) 841-2841; or e-mail nicole.whyte@mt.gov.


8.111.603 HOUSING CREDIT ALLOCATION PROCEDURE  (1) through (5) remain the same.

(6)  Copies of applications and other information submitted to the board in connection with applications are available to other applicants for housing credit projects and members of the public to the extent provided and according to the procedures specified in the board's information request and release policy, available on the board's Department of Commerce web site at https://commerce.mt.gov/Contact/Legal www.housing.mt.gov.

      (7) through (9) remain the same.


AUTH: 90-6-106, MCA

IMP: 90-6-104, MCA


REASON: The proposed amendment to ARM 8.111.603(6) is necessary to update the rule to provide that public record requests will be handled in accordance with the Department of Commerce public information request policy, available on the department's website. Public record requests previously were addressed in a separate Board of Housing policy, but are now handled under a general department policy.


            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, 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 docadministrativerules@mt.gov, and must be received no later than 5:00 p.m., January 21, 2021.


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 person 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.


                                                                        MONTANA BOARD OF HOUSING

                                                                        Patrick E. Melby, Chairman



/s/ Amy Barnes                                                         /s/ Adam Schafer                

Amy Barnes                                                              Adam Schafer         

Rule Reviewer                                                          Deputy Director

                                                                                  Department of Commerce


Certified to the Secretary of State December 15, 2020.









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