HomeMy WebLinkAboutMontana Department of CommerceOctober 6, 2005
Kenneth E. Olson, Mayor
City of Laurel
PO Box 10
Laurel, MT 59044
M N TANA
Department of Commerce
COMMUNITY DEVELOPMENT DIVISION
P.O. Bax 20Q523 * Helena, Montana 59620-057;
Phone: 406-841-2770 ¢r Fax: 406-841-2771
t, L OCT 1.9 z/.,,~5 ~ ,.r~
RE: Adoption of the TSEP Project Administration Manual
Attached is a notice of a public hearing on the proposed adoption of the Treasure State
Endowment Program (TSEP) Project Administration Manual dated May 2005. Copies of
this manual were provided to all local governments that were awarded a construction grant
by the 2005 Legislature. The manual also includes information relative to the
administration of preliminary engineering grants awarded to local governments from the
funds appropriated by the 2005 Legislature. For those of you that do not have a complete
copy of the manual, the manual can be viewed on the program's web site at
http://comdev.mt.govlCDD_TSEP.asp.
A hearing will be conducted on November 17, 2005 to receive comments regarding the
manual, and we will accept written comments until November 28th. Please share this
notice with other padies involved in your project, such as grant administrators and
engineers, so that they also have the opportunity to comment on the manual. Any
comments received will be taken into consideration before final action to adopt the manual
by administrative rule. The public hearing will take place at 1:30 p.m., at the Department of
Commerce, conference room 202, 301 S Park Ave, Helena. Written comments are
strongly encouraged, and the Department will accept them by mail (PO Box 200523,
Helena, MT 59620), email (jedgcomb@mt.gov), or fax (841-2771 ). Comments can also be
submitted at the public hearing so that your concerns or suggestions are clearly
communicated. In order for your comments to be considered, they must be received no
later than November 28, 2005.
If you have any questions, please call me at (406) 841-2785 or send me an email at
ied,q co mb~,,state, mt. us.
Jim Edgcomb, Manager
Treasure State Endowment Program
BEFORE THE COMMUNITY DEVELOPMENT DIVISION
DEPARTMENT OF COMMERCE
STATE OF MONTANA
In the matter of the proposed
adoption of a new rule for the
administration of grants
awarded by the 2005
Legislature and the repeal of
8.94.3801 and 8.94.3803
pertaining to the Treasure
State Endowment Program (TSEP)
NOTICE OF PUBLIC HEARING ON
PROPOSED ADOPTION AND
REPEAL
TO: Ail Concerned Persons
1. On November 17, 2005, at 1:30 p.m., a public hearing
will be held in Room 202, 301 South Park Avenue, Helena,
Montana, to consider the adoption by reference of rules
governing the administration of the Treasure State Endowment
Program (TSEP) grants awarded by the 2005 Legislature and the
repeal of the above-stated rules.
2. The Department of Commerce will make reasonable
accommodations for persons with disabilities who wish to
participate in this public hearing or need an alternative
accessible format of this notice. If you require an
accommodation, contact the Community Development Division no
later than 5:00 p.m., on November 10, 2005, to advise us of
the nature of the accommodation that you need. Please contact
Jim Edgcomb, Community Development Division, 301 South Park
Avenue, P.O. Box 200523, Kelena, Montana 59620; telephone
(406) 841-2785; TDD (406) 841-2702; facsimile (406) 841-2771;
e-mail to jedgcomb@mt.gov.
3. The proposed new rule provides as follows:
NEW RULE I INCORPORATION BY REFERENCE OF RULES FOR THE
ADMINISTRATION OF TREASURE STATE ENDOWMENT GR3kNTS AWARDED BY
THE 2005 LEGISLATURE (1) The department of commerce adopts
and incorporates by reference the Montana Treasure State
Endowment Program 2005 Project Administration Manual published
by it as rules for the administration of grants awarded by the
2005 Legislature to fund TSEP projects.
(2) The rules incorporated by reference in (1) relate to
the following:
MAR Notice No. 8-94-50
(d)
(e)
(g)
(h)
<i)
(k)
(m)
project start up,
environmental requirements,
procurement requirements;
financial management,
civil rights;
labor requirements;
property acquisition;
public facilities construction management;
involving the public;
project monitoring;
project closeout;
preliminary engineering grants; and
emergency grant~ .....
Copies of the regulation adopted by reference in (1)
may be obtained from the Department of Commerce, Community
Development Division, P.O. Box 200523, Helena, Montana 59620-
0523.
AUTH: 90-6-710, MCA
IMP: 90-6-710, MCA
REASON: It is reasonably necessary to adopt this rule
because local government entities must be made aware of tke
department's requirements for obtaining the funds that have
been awarded by the 2005 Legislature, administering the TSEP
funds during the construction of their projects, and managing
their construction projects in general. The rule is also
reasonably necessary to set out the requirements for
administering preliminary engineering and emergency grant
funds appropriated to the department.
4. The department proposes to repeal the following
rules: ~, ' ~
8.94.3801 INCORPORATION BY REFERENCE OF RULES FOR
ADMINISTERING THE TREASURE STATE ENDOWMENT PROGRAM (TSEP)
found on page 8-3429 of the Administrative Rules of Montana.
AUTH: 90-6-710, MCA
IMP: 90-6-710, MCA
8.94.3803 INCORPORATION BY REFERENCE OF RULES FOR
.ADMINISTERING THE 1996 TREASURE STATE ENDOWMENT PROGPJtM found
on page 8-3430 of the Administrative Rules of Montana.
Ar/IH: 90-6-:710, MCA
IMP: 90-6-710, MCA
~R Notice No. 8-94-50
REASON: Both rules were applicable to projects that were
funded by the 1993 and 1997 Legislatures that have now been
completed. The requirements r~lated to applying to the
program and administering the awarded grants for those
projects are no longer required.
5. 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
Community Development Division, 301 South Park Avenue, P.O.
Box 200523, Helena, Montana, 59620; by facsimile to (406) 841-
2771; or by e-mail to jedgcomb@mt.gov to be received no later
than 5:00 p.m., November 28, 2005.
6. An electronic copy of this Notice of Proposed
Adoption and Repeal is available through the department's site
on the World Wide Web at http://commerce.mt.gov. The
Department strives to make the electronic copy of this Notice
of Proposed Adoption and Repeal 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 department strives to keep its website accessible
at all times, concerned persons should be aware that the
website may be unavailable during some periods, due to system
maintenance or tecb~lical problems and that a person's
technical difficulties in accessing or posting to the e-mail
address do not excuse late submission of comments.
7. Jim Edgcormb has been designated to preside over and
conduct this hearing.
8. The Community Development Division maintains a list
of interested persons who wish to receive notices of
rulemaking actions proposed by this Division. Persons who
wish to have their name added to the list may make a written
request, which includes the name and mailing address of the
person to receive notices and specifies that the person wishes
to receive notices regarding rules relating to the Treasure
State Endowment Program. This request may be mailed cr
delivered to the Community Development Division, 301 South
Park Avenue, Helena, Montana 59620, transmitted by facsimile
Notice No. 8-94-50
to (406) 841-2771, or made by completing a request form am any
rules hearing held by the Division.
9. The bill sponsor notice requirements of 2-4-302, MCA,
do not apply.
COMMUNITY DEVELOPMENT DIVISION
DEP~I~TMENT OF COMMERCE
By: /s/ ANTHONY J. PREITE
ANTHONY J. PREITE, DIRECTOR
DEPARTMENT OF COMMERCE ~
By: /s/ G. MARTIN TUTTLE
G. MARTIN TUTTLE, RULE REVIEWER
Certified to the Secretary of State October 17, 2005
Notice No. 8-94-50