BEFORE THE MONTANA COAL BOARD

 DEPARTMENT OF COMMERCE

 OF THE STATE OF MONTANA

 

 

TO: All Concerned Persons

 

            1. On February 5, 2014, at 10:00 a.m., a public hearing will be held in Room 226 of the Park Avenue Building, 301 South Park Avenue, 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 no later than 5:00 p.m., January 31, 2014, to advise us of the nature of the accommodation that you need. Please contact Andy Fjeseth, Community Development Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2782; TDD (406) 841-2702; fax (406) 841-2771; or e-mail [email protected]. 

 

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

 

      8.101.302 APPLICATION FORM (LIF 1-75) (1) remains the same.

      (2)  Applications will be evaluated based on the five criteria listed in ARM 8.101.301. The application shall be considered by the Coal Board during the next scheduled quarterly meeting after receipt of the completed application, and either be approved, denied, or tabled pending submittal of additional information to the Coal Board. The application form is available online at http://comdev.mt.gov/CDD_CB.asp.

      (3) and (4) remain the same.

      (5)  Coal impact grant funds used for the preparation of plans, studies, analyses, or necessary research for the preparation of a preliminary engineering report must meet the requirements of the most current Uniform Application for Montana Public Facility Projects. Coal impact grant funds used for the preparation of a preliminary architectural report must meet the requirements described in Appendix S of the CDBG Application Guidelines for Public Facilities Projects. The Uniform Application and the CDBG Guidelines are available on the Community Development Division web site at http://comdev.mt.gov. the Coal Impact Grant Application. This application is available online.

 

AUTH: 90-6-205, MCA

IMP: 90-6-208, MCA

 

      REASON: It is reasonably necessary to amend this rule because 90-2-205 and 90-2-208, MCA, require the board through the department to adopt rules to implement the program.

 

      8.101.305  SUBMITTAL DEADLINES  (1)  Grant applications shall be submitted to the administrative officer by the first of the month preceding the month of the next 45 days prior to the quarterly meeting.

(2) and (3) remain the same.

 

AUTH: 90-6-205, MCA

IMP: 90-6-205, MCA

 

REASON: It is reasonably necessary to amend this rule because 90-2-205 and 90-2-208, MCA, require the board through the department to adopt rules to implement the program.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Coal Board, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2782; fax (406) 841-2702; or e-mail [email protected], and must be received no later than 5:00 p.m., February 13, 2014.

 

5. Andy Fjeseth, 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, by fax to (406) 841-2702, by e-mail to [email protected], 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/ Kelly A. Lynch                                         /s/ Douglas Mitchell                        

KELLY A. LYNCH                                       Douglas Mitchell

Rule Reviewer                                             Deputy Director

                                                                  Department of Commerce

           

Certified to the Secretary of State January 6, 2014