Utah Admin. Code 653-11-8

Current through Bulletin No. 2024-21, November 1, 2024

Section R653-11-8 - Grants for District Administered Water Efficient Landscaping Incentives

(1) A district may obtain a grant from the division to help fund a financial incentive provided to an owner through a landscaping conversion incentive program administered by the district.

(2) To obtain a grant, a district shall file an application with the division that includes:

(a) the district's name, address, and contact information;

(b) verification that the district:

(i) has an operational landscaping conversion incentive program;

(ii) commits to implement the minimum requirements of Subsection 73-10-37(4)(c) and either this rule or program guidelines approved by the division under Subsection (3) in administering the program;

(iii) commits to use grant money exclusively to fund financial incentives provided to owners that remove lawn or turf from a project area in the district's landscaping conversion incentive program;

(iv) commits not pay an incentive amount with grant money that exceeds the maximum amounts established in Subsection R653-11-7(4)(d); and

(v) commits to provide an equal amount or more of matching funds for its landscaping conversion incentive program from sources other than the grant money the district receives under this rule;

(c) a detailed description of the landscaping conversion incentive program;

(d) a copy of the program guidelines governing the district's landscaping conversion incentive program;

(e) a request that the division approve the district's program guidelines under Subsection (3), if the district wants to be subject to program guidelines in lieu of rule requirements; and

(f) any additional information requested by the division.

(3)

(a) The division may approve a district's request to use its program guidelines in lieu of requirements in this rule that are not specifically mandated in Section 73-10-37 when the program guidelines satisfy the criteria in Subsection (b).

(b) The district's program guidelines must:

(i) result in at least as much water use savings as the waived rule provisions; and

(ii) accomplish the same objectives as the waived rule provisions.

(4) To obtain a grant under this rule, a district shall enter in a contract with the division that:

(a) identifies the amount of grant funding provided by the division;

(b) confirms the district's contribution of matching funds from sources other than the grant, that equal or exceed the grant amount, for its landscaping conversion incentive program;

(c) restricts the district from paying an incentive amount with grant money that exceeds the maximum amounts established in Subsection R653-11-7(4)(d);

(d) confirms the district's commitment to comply with and ensure all grant funded landscaping conversion projects proposed, undertaken, and completed by participants under its landscaping conversion incentive program satisfy the requirements in Subsection 73-10-37(3) and the contract before using grant money for a financial incentive;

(e) enjoins the use of grant money for a financial incentive in any landscaping conversion project that fails to satisfy the requirements in Subsection 73-37-10(3) and either this rule or program guidelines approved by the division under Subsection (3);

(f) requires the district submit to the division quarterly reports on funding status;

(g) requires the district to prepare and submit an annual accounting to the division on the use of grant money for financial incentives in the district's landscaping conversion incentive program;

(h) directs return to the division of all grant funding not dispersed by the district pursuant to Section 73-10-37 and this rule within 24 months of receiving the grant; and

(i) includes other matters determined by the division necessary to effectively administer the grant award.

(5)

(a) The quarterly report referenced in Subsection (4)(f) should include a summary detailing:

(i) grant funding status;

(ii) the division and district's cumulative contributions, respectively, to all incentive payments dispersed by the district over the reporting period; and

(iii) the estimated amount of grant funding needed to satisfy incentive payments for approved projects that are underway but not completed.

(b) The annual accounting referenced in Subsection (4)(g) should include the:

(i) division and district's cumulative contributions, respectively, to all incentive payments dispersed by the district over the reporting period; and

(ii) following information pertaining to each incentive payment:

(A) an identifying number or participant name for the landscape conversion project;

(B) landscape conversion project location;

(C) total square feet of lawn converted to water efficient landscaping;

(D) date of project approval;

(E) date of project completion;

(F) date of incentive payment;

(G) photographs of the project area before lawn removal and after conversion to water efficient landscaping;

(H) total amount paid as an incentive; and

(I) division and district's respective contributions to the incentive payment.

(6)

(a) Upon verification of expending 70% of the total grant award and an annual accounting on the use of that grant money, a district may apply for additional grant money in accordance with Subsections (2) and (4).

(b) The division may award a district an additional grant based on the:

(i) availability of grant money;

(ii) priority or importance of the grant proposal in relation to the availability of grant money for:

(A) the division's landscaping conversion incentive program under Section R653-11-7;

(B) other landscaping conversion incentive program grant requests; and

(C) regional needs and goals;

(iii) effectiveness of the district's landscaping conversion incentive program in incentivizing owners to convert lawn or turf to water efficient landscaping;

(iv) district's past compliance with Section 73-10-37, this rule, and contract terms and conditions; and

(v) any matter bearing on the district's ability to responsibly handle and disperse grant money consistent with the requirements in Section 73-10-37, this rule, and contract terms and conditions.

Utah Admin. Code R653-11-8

Adopted by Utah State Bulletin Number 2023-14, effective 7/11/2023

Amended by Utah State Bulletin Number 2024-13, effective 6/21/2024