R305. Environmental Quality, Administration.
R305-11. Clean Air Support Restricted Account Grant Program.
R305-11-1. Authorization and Purpose.
(1) As authorized by Section 19-1-109, this rule establishes procedures for providing grants to organizations that:
(a) are tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
(b) have as part of the organization's mission:
(i) to encourage and educate the public about simple changes to improve air quality in the state;
(ii) to provide grants to organizations or individuals with innovative ideas to reduce emissions; and
(iii) to partner with other organizations to strengthen efforts to improve air quality.
(2) As authorized by Section 19-1-109, this rule establishes criteria and conditions for awarding grant monies and procedures for an organization to apply to receive money from the account.
R305-11-2. Definitions.
"Account" means the Clean Air Support Restricted Account as established by Section 19-1-109.
"Applicant" means the organization applying to receive grant monies from the account administered by the Department.
"Department" means the Utah Department of Environmental Quality.
"Grant" means monies awarded to an applicant from the account that do not have to be repaid.
R305-11-3. Grant Eligibility.
Eligibility for grants from the account is limited to tax exempt organizations under Section 501(c)(3), Internal Revenue Code, that meet the eligibility requirements set forth in Subsection 19-1-109(4)(b).
R305-11-4. Preliminary Approval Application Procedure.
(1) Each applicant must apply for grants from the account on forms provided by the Department and must provide additional project information as requested by the Department.
(2) Each applicant must sign a written statement acknowledging that:
(a) an applicant is a tax-exempt organization under Section 501(c)(3), Internal Revenue Code; and
(b) an applicant meets at least one of the eligibility requirements in Subsection 19-1-109(4)(b).
(3) The Department will evaluate each applicant's eligibility according to the criteria provided in Section 19-1-109.
(4) The Department will evaluate each grant application according to the criteria in Subsections R305-11-6 and R305-11-7.
(5) When considering a grant application, the Department may modify the dollar amount or project scope for which a grant is awarded.
(6) Submission of an application under this program and this rule constitutes the applicant's acceptance of the criteria and procedures in this rule.
R305-11-5. Final Approval Procedure and Payment Process.
(1) Once an applicant has obtained final approval to receive a grant, including signed contract documents, monies from the account will be disbursed to the applicant.
(2) The approved applicant must continue to comply with the provisions of this rule.
R305-11-6. Prioritization of Awards for Grant Applications.
(1) The Department will consider the following criteria in prioritizing and awarding grants:
(a) the financial need of the applicant including its financial condition and the availability of other grants, rebates, or low-interest loans for the project; and
(b) the environmental and other benefits to the state and local community attributable to the project.
(2) When determining the environmental and other benefits to the state and local community attributable to the project, the Department may include the following criteria:
(a) the pollution reduction benefits attributable to the project;
(b) the location of the program or project; and
(c) the ratio of the total project cost to the environmental and other benefits attributable to the project and program.
R305-11-7. Grant Program Limitations.
(1) The Department may not approve a grant application if:
(a) awarding a grant to an applicant would result in the Department's inability to fulfill its obligations under this program or this rule;
(b) the applicant does not meet the eligibility requirements of Section R305-11-3;
(c) the project does not meet the requirements in Section R305-11-6; or
(d) awarding a grant to an applicant would result in the account balance being less than zero.
(2) The Department may award a partial grant to an applicant in accordance with Subsection R305-11-4(5) to keep the account balance at zero or above if an applicant meets each eligibility and project requirement of this rule.
