11-006 Code Vt. R. 11-020-006-X - RULES FOR THE ALLOCATION AND DISBRIBUTION OF REGIONAL PLANNING FUNDS

Section 2.1 Purpose

These rules establish the means by which regional planning funds will be allocated and distributed to the Vermont regional planning commissions for the purpose of assisting these commissions in meeting their responsibilities under 24 V.S.A Chapter 117.

Section 2.2 Definitions

(A) "Commissioner" means of the Department of Housing and Community Development.

(B) "Department" means the Department of Housing and Community Development.

(C) "Municipality" means a town, a city, an incorporated village, or an unorganized town or gore, meeting the definition of municipality contained in 24 V.S.A. Section 4303(12).

(D) "Regional planning commission" or "RPC" means a planning commission for a region created under 24 V.S.A. Section 4341.

Section 2.3 Eligibility

To qualify for funds under these rules a regional planning commission must meet all of the following conditions.

(A) Be established pursuant to 24 V.S.A. Section 4341,

(B) Make progress toward fulfilling the responsibilities assigned by the Vermont Legislature in 24 V. S.A. 4345 and 4345a , including developing a regional plan, as set out in 24 V.S.A. 4348a , inaccordance with a work plan and annual grant agreement as set forth in Section 2.7(B) of these rules.

(C) Complete progress reports as set forth in Section 2.7(C) of these rules.

(D) Complete and file a copy of a financial audit within 180 days of the close of the RPC's fiscal year.

Section 2.4 Source of Funds

The source of funds for these purposes is the sum appropriated to the Department for assistance to regional planning from the Municipal and Regional Planning Fund as described in 24 V.S.A. Section 4306.

Section 2.5 Allocation of Funds

The funds for regional planning shall be allocated to regional planning commissions in the following manner.

(A) Fifty-percent of the funds to be allocated to the regional planning commissions shall be divided among the commissions in equal shares.

(B) The remaining balance of funds will be allocated as follows:

(1) Forty-five percent of the balance will be allocated on a per capita basis, accounting for the number of Vermont residents a regional planning commission serves. The Vermont population of each region will be determined using annual estimates of the Vermont Department of Health, or U.S. Census data, whichever is more recent.

(2) Forty-five percent of the balance will be allocated according to the number of Vermont member municipalities in each regional planning commission as of July 1 of each year.

(3) Ten percent of the balance will be allocated proportionately, based on Property Transfer Tax receipts coming from the region for the preceding four quarters. According to the most recent data available from the Vermont Department of Taxes.

(C) The Vermont Association of Planning and Development Agencies may review the above allocation formula and recommend any changes to the Department.

Section 2.6 Use of Funds

These funds must be used by the regional planning commission for one or more of the following activities.

(A) Carrying out any of the optional and/or required duties of a regional planning commission as described in 24 V.S.A. Sections 4345 and 4345a.

(B) Adopting and amending a regional plan in accordance with 24 V.S.A. Sections 4348, 4348a and 4348b.

Section 2.7 Administrative Procedures

(A) Annual allocation Estimate

No later than April 1 the Department will prepare an estimate of the next fiscal year's allocation for all the regional planning commissions. The Department will at that time inform the regional planning commissions of their estimated allocation in order for them to develop a work plan for the next fiscal year. The Department will provide the RPC with a final allocation upon close of the legislative session and adoption of the budget.

(B) Work Plan and Annual Grant Agreement

No later than June 1 of every year, each regional planning commission shall submit to the Department a copy of their proposed work plan for the next fiscal year. The Department will review these work plans for consistency with the requirements of 24 V.S.A. Chapter 117 and offer a grant agreement to each regional planning commission for the next fiscal year, incorporating the work plan. In order for funds to be distributed that next fiscal year, the grant agreement must be signed by both the regional planning commission and the Department.

(C) Progress Reports

A mid-year progress report describing the regional planning commission's activities in carrying out their work plan, including the Commission's progress towards adopting a regional plan that is consistent with the provisions of 24 V.S.A. 4345a, 4347, 4348, 4348a and 4348b, shall be filed with the Department no later than January 31 [ st. ]An Annual Report, coordinated by the Vermont Association of Planning and Development Agencies, shall be prepared and submitted to the Department, all municipalities and the Vermont Legislature, summarizing the work of the regional planning commissions. The Department shall include it as part of relevant reports it makes to the Legislature regarding the activities and funding of regional planning commissions.

(D) Distribution of Funds

Funds will be distributed in advance to each eligible regional planning commission on a quarterly basis. The first quarterly payment of the fiscal year will be made on or about July 1. The next three payments of the year will be made on or about October 1, January 1 and April 1, respectively. The October 1 [ st ] and April 1 [ st ] payments shall be linked to the Department's review of the commission's most recent mid-year progress report. All payments shall be subject to retainage of five percent (5%) to ensure completion of work required under the annual Grant Agreement.

(E) Undistributed Funds

All funds undistributed by the end of any state fiscal year shall be held for one additional fiscal year by the Department of Housing and Community Development for the benefit of the RPC to whom they were originally allocated ("the Holding Period"). The RPC and the Department shall work together to establish and implement a plan to release those funds in accord with the Grant Agreement. If at the end of the Holding Period funds remain in retainage, those funds shall revert to the portion of the Municipal and Regional Planning Fund that supports regional planning commissions for reallocation to all regional planning commissions based upon the funding formula then in effect.

Notes

11-006 Code Vt. R. 11-020-006-X

STATUTORY AUTHORITY: 24 V.S.A. C 117
EFFECTIVE DATE:
June 1, 1992 Secretary of State Rule Log #92-17
AMENDED:
July 2009 [The Department of Housing and Community Affairs and the Department of Economic Development were merged into the new Department of Economic, Housing and Community Development]; December 6, 2019 Secretary of State Rule Log #19-065; April 2020 [correction to chapter name]