BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 8.94.3814 and 8.94.3815 pertaining to the submission and review of applications for funding under the Montana Coal Endowment Program (MCEP)

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On March 31, 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:

1. Video:

    

   https://mt-gov.zoom.us/j/85796010633?pwd=Uy9GSmlZVmNEeUFKKzVkdi9uc0VYQT09

    

   Meeting ID: 857 9601 0633                        Password: 949343

   
   

2.  Phone:   Dial in by Telephone: 406-444-9999

    

   Meeting ID: 857 9601 0633                        Password: 949343

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 28, 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 200523, Helena, Montana 59620-0523; telephone (406) 841-2596; TDD (406) 841-2702; facsimile (406) 841-2771; or e-mail to docadmimistrativerules@mt.gov.

 

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

 

8.94.3814 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF TREASURE STATE MONTANA COAL ENDOWMENT GRANTS (1)  The Department of Commerce adopts and incorporates by reference the 2020 Montana Treasure State Coal Endowment Program Project Administration Manual (March 2020) (March 2022) as rules for the administration of TSEP MCEP grants.

(2) remains the same

(3)  Copies of the regulation adopted by reference in (1) may be obtained from the Department of Commerce, Community Development MT Division, 301 S. Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or viewed on the department's web site at http://comdev.mt.gov/Programs/TSEP https://comdev.mt.gov/Programs-and-Boards/Montana-Coal-Endowment-Program/Project-Grants.

 

AUTH: 90-6-710, MCA

IMP: 90-6-710, MCA

 

REASON: It is reasonably necessary to amend this rule to incorporate updated information in the 2025 biennium administration manual.

 

8.94.3815 INCORPORATION BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UNDER THE TREASURE STATE MONTANA COAL ENDOWMENT PROGRAM – PROJECT GRANTS (1) The Department of Commerce adopts and incorporates by reference the 2020 Montana Treasure State Coal Endowment Program 2022 Construction Application Guidelines for the 2025 Biennium (March 2020) as rules governing the submission and review of applications under the TSEP MCEP program.

(2) and (2)(a) remain the same.

(b)  types of grants available under TSEP MCEP;

(c)  general requirements for applying for TSEP MCEP grants; and

(d) remains the same.

(3)  Copies of the regulation adopted by reference in (1) may be obtained from the Department of Commerce, Community Development MT Division, 301 S. Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or viewed on the department's web site at http://comdev.mt.gov/Programs/TSEP https://comdev.mt.gov/Programs-and-Boards/Montana-Coal-Endowment-Program/Project-Grants.

 

AUTH: 90-6-710, MCA

IMP: 90-6-710, MCA

 

REASON: It is reasonably necessary to amend this rule to incorporate updated information in the 2025 biennium guidelines. 

 

4. Concerned persons may present 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, Community MT Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana, 59620-0523; by facsimile to (406) 841-2771, or e-mail to docadministrativerules@mt.gov, and must be received no later than 5:00 p.m., April 8, 2022.

 

5. The Office of Legal Affairs 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 may 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to docadministrativerules@mt.gov, or 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 on March 1, 2022.