BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 8.2.501 pertaining to the administration of the 2015 Biennium Quality Schools Grant Program – Planning Grants, and amendment of ARM 8.2.502 pertaining to the administration of the 2015 Biennium Quality Schools Grant Program – Emergency Grants

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NOTICE OF AMENDMENT

 

            TO: All Concerned Persons

 

            1. On May 9, 2013, the Department of Commerce published MAR Notice No. 8-2-111 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 741 of the 2013 Montana Administrative Register, Issue Number 9.

 

2. The department has amended the above-stated rules as proposed.

 

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: A comment was received – in the form of a question to staff – would it be possible to require a pre-application meeting with the Department of Commerce staff just so we can clarify which priority may be the closest fit to the application?

 

RESPONSE #1: The current planning grant guidelines do not require a pre-application meeting with Community Development Division (CDD) staff because in certain cases this may be a burden for districts to complete prior to making a planning grant application to the department. However, CDD staff is always available to discuss prospective planning applications with potential applicants, whether over the phone via conference call or in person, whenever possible. CDD encourages potential applicants to utilize guidance from staff in determining whether a proposed planning activity would be eligible under the current guidelines or what priority may be best suited to an application. Additionally, planning activities that fall outside one of the six categories identified in Section II of the guidelines, Eligible Planning Projects And Costs, requires that program staff be contacted for additional guidance prior to an application being submitted.

 

COMMENT #2:  A comment was received – in the form of a question to staff – to clarify whether the planning grants can be used for preliminary explorations that might result in a new facility.

 

RESPONSE #2:  Applications for preliminary explorations (PERs or PARs) that may result in an optional new facility will be accepted and evaluated against the criteria set forth in Section IV of the 2015 Quality Schools Application Guidelines, Application Review Process. Applicants proposing a planning activity to study new construction may not be scored as high based on the changes made to the guidelines prioritizing deferred maintenance, repair, or replacement of existing components.

 

COMMENT #3:  A comment was received – in the form of a question to staff – that if for some reason not all the planning grant funds are expended or allocated within the initial review period, would it be possible to have a second round of planning grant applications?

 

RESPONSE #3:  Any planning grant funds not allocated during the 2015 biennium will be recaptured and re-allocated toward future projects in the next biennium.

 

COMMENT #4:  A comment was received – in the form of a question to staff – requesting confirmation that the initial planning grant is for an amount not to exceed $25,000 with a 1:4 match.

 

RESPONSE #4:  To confirm, the 2015 biennium Quality Schools planning grants may be awarded in amounts up to $25,000 per applicant and require a $1 match for every $4 awarded by the state (1:4 match requirement).

 

COMMENT #5:  A comment was received – in the form of a question to staff – asking whether there is a way to look at projects that have been completed and better guide clients through the process. Can there be pre-application meetings with the Department of Commerce to show projects that have been completed with the FCI report? Because we’ve got several districts that have completed some of the work, and are just interested in knowing how best to go about updating that work to keep that (FCI) more current.

 

RESPONSE #5:  CDD staff are always available to discuss prospective planning applications with potential applications, whether over the phone via conference call or in person, whenever possible. Additionally, planning activities that fall outside one of the six categories identified in Section II of the guidelines, Eligible Planning Projects And Costs, requires that program staff be contacted for additional guidance prior to an application being submitted.

 

COMMENT #6:  A comment was received – in the form of a question to staff – asking whether an existing school district could apply to conduct a planning activity to study consolidation of square footage. Would this be an opportunity for project money if it’s within the scope of doing renovations within existing schools to reduce square footage?

 

RESPONSE #6:  A project of this type could be applied for and would be reviewed under the criteria found in Section IV of the 2015 Quality Schools Application Guidelines, Application Review Process.

 

COMMENT #7:  A comment was received – in the form of a question to staff – asking for clarification on the ineligible costs incurred prior to July 1, 2013. As you know, most people aren't having board meetings in July, so most of the meetings to talk about going after a grant would happen in June, so there will be some costs incurred. Is that something that could be thought of just in the future? Right now since we've missed the board meetings in May, June is really the only time to get it out there for a superintendent or a trustee to get approval to pursue a grant, and there is some time that could be starting to be incurred in June.

 

RESPONSE #7:  Planning grant funds cannot reimburse for expenses incurred in the preparation of the planning grant application itself; planning grant funds can be utilized for the preparation of a grant application for the Quality Schools Infrastructure Grant Program, as this process would occur as part of or directly following the planning process itself (pursuant to Section II – Eligible Planning Projects and Costs).

 

 

/s/ G. Martin Tuttle                                        /s/ Meg O'Leary                                

G. Martin Tuttle                                             MEG O'LEARY

Rule Reviewer                                              Director

                                                                       Department of Commerce

 

Certified to the Secretary of State June 24, 2013.