TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Brian D. Martin, PE, Public Works Director
SUBJECT:
title
Notice of proposed administrative rulemaking for the Watershed Protection and Preservation Grant Program.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Natural Environment Stewardship.
end
SUMMARY:
summary
Administrative Rule 109-300 is proposed in order to clarify the program’s purpose, eligible applicants and project types, funding limitations, the grant application process, and the grant approval process associated with the Watershed Protection and Preservation Grant Program.
end
ISSUE:
Notice of proposed administrative rulemaking regarding the Watershed Protection and Preservation Grant Program pursuant to Salem Revised Code (SRC) Chapters 20J.040(a)(3) and 70.065.
RECOMMENDATION:
recommendation
Information Only.
body
FACTS AND FINDINGS:
The proposed Watershed Protection and Preservation Grant Program administrative rule includes details on program eligibility, eligible project types, the allowable funding amounts for small and construction projects, the grant application and selection process, and details on the final grant agreements that are completed upon funding approval. Per the proposed rule, eligible applicants include government entities, nonprofits, businesses, and individuals. Grant funds of up to $10,000 may be awarded to support small projects like native plantings and education programs or awarded for larger construction projects such as streambank restoration. The maximum grant award for large projects is $25,000. All grants require a minimum match of 10% in the form of additional funding, volunteer time, technical assistance, materials, or other services. Potential grant projects are evaluated by a selection committee based on their alignment with program priorities, the proposal quality, matching funds, and applicant expertise. Grants are awarded on a competitive basis until funds are depleted for the fiscal year. Watershed Protection and Preservation Program grant funded projects must occur within the City of Salem’s water, sewer, or stormwater customer service area; have a direct impact on the City's drinking water supply; or directly affect the water quality of streams flowing through Salem.
The authority to promulgate administrative rules is granted under SRC 20J.030. SRC 20J.040 outlines the procedures for adopting an administrative rule. This procedure requires providing notice of the proposed rulemaking to the public as well as to City Council. City Council has the authority to review a proposed administrative rule. City Council’s authority is limited to determining whether the proposed rule is within the scope of the Code authority, whether the rule is duplicative or conflicts with another rule or law, or if the proposed rule is outside of the City Manager’s administrative rulemaking authority.
Salem Revised Code Chapter 70.065 gives the Director of Public Works the authority to develop and administer grant programs that will preserve natural areas as a benefit to the City’s watershed and stormwater system, encourage water conservation, reduce inflow and infiltration into the wastewater system, or other specific programs that, in the opinion of the Director, will enhance the health and safety of the community and the environment.
The proposed administrative rule is new. It will update and replace a prior policy used by Public Works staff to select and fund grants.
The public notice for the proposed administrative rule was mailed to affected parties and posted on April 16, 2024. All public comments are due by May 1, 2024, at 5:00 p.m. The administrative rule will become effective on May 13, 2024.
BACKGROUND:
In 2001, the Salem City Council approved the development of the Watershed Protection and Preservation Grant Program. Since that time, the Public Works Department has included $50,000 of utility rate funds in each fiscal year budget to support this program. The purpose of the program is to provide grants to community members to create projects that increase environmental awareness and stewardship; reduce human impacts to local waterways, and protect, preserve and/or enhance natural resources in Salem. This grant program helps the City address multiple stormwater and surface water requirements associated with the City’s National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit and Total Maximum Daily Load Implementation Plan.
Heather Dimke
Management Analyst II
Attachments:
1. Attachment 1 - Proposed Administrative Rulemaking 109-300