NOTICES
DEPARTMENT OF AGRICULTURE
Year 2000 Dog Control Facility Bill Reimbursement Grant Program
[30 Pa.B. 313] The Department of Agriculture (Department) gives notice of the guidelines and conditions under which it will award up to $100,000 in grants under its Year 2000 Dog Control Facility Bill Reimbursement Program (Program). The Program will award bill reimbursement grants of up to $7,500-per-recipient to humane societies or associations for the prevention of cruelty to animals that meet the guidelines and conditions of this Program. The Program will be funded from the Dog Law Restricted Account, from funds which are surplus funds for the limited purposes set forth in the Dog Law (3 P. S. § 459-1002(b)).
A proposed version of these guidelines and conditions was published at 29 Pa.B. 6028 (November 27, 1999). The Department invited public and legislative review of these proposed guidelines and conditions, in accordance with the regulation at 7 Pa. Code § 23.4 (relating to guidelines and conditions). Comments were received from the Pennsylvania Legislative Animal Network (PLAN), the Humane Society of Harrisburg Area, Inc., the Pennsylvania Federation of Dog Clubs, Inc., the Bucks County Society for the Prevention of Cruelty to Animals and the Clearfield County SPCA. The comments and the Department's responses are summarized as follows:
PLAN and the Humane Society of Harrisburg Area, Inc., recommended the definition of ''Humane society or association for the prevention of cruelty to animals'' in section 1 (relating to definitions) be revised by deleting the word ''otherwise.'' The Department declines to implement this recommendation. The definition addresses the possibility the statutory definition of ''Humane society or association for the prevention of cruelty to animals'' could be amended while the Program is in effect. If that occurs, the revised statutory definition--rather than the definition set forth in these guidelines and conditions--shall apply.
The Humane Society of Harrisburg Area, Inc., noted that the eligibility requirements set forth in section 2 would disqualify a humane society or association for the prevention of cruelty to animals from consideration for a grant under the Program if that organization has an annual budget of over $150,000. The commentator stated that dog control facilities with annual budgets of over $150,000 might have as much need of grant funds as facilities with annual budgets of less than $150,000. The commentator also explained that the closure of one of these larger-budget facilities would have more of an adverse impact upon the Department's dog control efforts than would the closure of a smaller-budget facility. The Department declines to revise the eligibility criteria for grants under the Program. The Program is intended to target grant funds to those smaller dog control facilities that make a contribution to the Department's dog control efforts and are in greatest need of grant funds. The Department believes the $150,000 annual budget cap is a reasonable distinction by which to determine eligibility for Program grant funds.
PLAN suggested the eligibility requirements set forth in section 2 be revised to include ''. . . shelters that have a staggering debt, even though they may have an operating budget in excess of $150,000.'' The Department believes that any eligibility criteria which would obligate the Department to verify or track the debt burden of an applicant would be too cumbersome to be workable.
The Pennsylvania Federation of Dog Clubs, Inc., noted that section 2(c) of the proposed guidelines and conditions (relating to eligibility) required an applicant facility to have accepted at least 100 stray dogs into the facility within the year preceding the application. The commentator further noted that the Dog Law (3 P. S. § 459-1201) provides that cities of the first class, second class and second class A are responsible for dog control within their respective borders, and further provides that cities of the third class have the option to assume this responsibility. Against this backdrop, the commentator suggested section 2(c) be revised to require an applicant facility to have accepted at least 100 stray dogs originating from localities other than cities of the first class, second class or second class A, or cities of the third class that have assumed dog control responsibilities under the Dog Law. The Department accepts this comment and has revised section 2(c) in the final guidelines and conditions accordingly.
PLAN, the Bucks County Society for the Prevention of Cruelty to Animals and the Clearfield County SPCA recommended the maximum grant amount be raised from the $5,000 amount set forth in section 3 (relating to use of grant funds) of the proposed guidelines and conditions. PLAN and the Bucks County Society for the Prevention of Cruelty to Animals suggested this cap be raised to $7,500, while the Clearfield County SPCA recommended a cap of $10,000. The Department considered these comments and revised the final guidelines and conditions to increase the maximum grant amount to $7,500.
PLAN recommended section 6(d) (relating to termination) be revised to clarify that termination of a grant agreement releases the parties from their respective contractual obligations under that agreement. The Department believes the language of section 6(d) is sufficiently specific in this regard, and declines to implement the commentator's recommendation.
The Department invites applications for grants under the Program, in accordance with the final guidelines and conditions which follow.
Guidelines and Conditions for the Year 2000 Dog Control Facility Bill Reimbursement Grant Program
1. Definitions.
The following words and terms, when used in these guidelines and conditions, have the following meanings:
Department--The Pennsylvania Department of Agriculture.
Dog control--The apprehending, holding and disposing of stray or unwanted dogs, or as otherwise defined in the Dog Law (3 Pa.C.S. § 459-102).
Eligible Bill--A document seeking payment for materials, services or utilities from a grant recipient, setting forth the following:
i. The date the document is issued.
ii. The name and address of the humane society or association for the prevention of cruelty to animals to which the bill is issued.
iii. If for materials, a description of the materials and the date of delivery.
iv. If for services, a description of the nature of the services and the dates upon which the services were rendered.
v. If for utilities (such as electricity, water, sewer, waste disposal and similar purposes), a statement of the period for which the utility for which payment is sought was provided.
vi. The name, address and telephone number of the entity issuing the document.
Humane society or association for the prevention of cruelty to animals--A nonprofit society or association duly incorporated under 15 Pa.C.S. Ch. 53 Subch. A (relating to incorporation generally) for the purpose of prevention of cruelty to animals, or as otherwise defined in the Dog Law.
Program--The Year 2000 Dog Control Facility Bill Reimbursement Program.
2. Eligibility.
A humane society or association for the prevention of cruelty to animals is eligible to apply to receive a grant under the Program if that humane society or association for the prevention of cruelty to animals:
a. Has been in operation for at least 1 year immediately preceding the application date.
b. Has performed dog control functions for at least 1 year immediately preceding the application date.
c. Has, in the performance of its dog control functions, accepted at least 100 stray or unwanted dogs into its facility within the year immediately preceding the application date, with at least 100 of these dogs originating from locations other than the following:
i. A city of the first class.
ii. A city of the second class.
iii. A city of the second class A.
iv. A city of the third class that has adopted its own dog licensing ordinance and assumed responsibility enforcement under the Dog Law.
d. Is not a party to a contract with the Department under which the Department pays that humane society or association for the prevention of cruelty to animals for dog control activities performed in the year 2000.
e. Agrees--as a condition of receiving any grant money under the Program--to continue to perform dog control activities through the year 2000.
f. Has a total operating budget of $150,000 or less for the 2000 calendar year or, if its budget is on a basis other than calendar year, has a total operating budget of $150,000 or less for each fiscal year comprising any portion of calendar year 2000.
3. Use of Grant Funds.
The Department will allocate a specific maximum grant amount to a successful grant applicant through a written grant agreement. This maximum grant amount will be specified in the grant agreement, and will not exceed $7,500 with respect to an application. The maximum grant amount will be retained by the Department and used to reimburse the grant recipient for eligible bills the grant recipient has paid with respect to materials, services or utilities provided to the grant recipient from January 1, 2000 through December 31, 2000. The total reimbursement the Department will pay a grant recipient will not exceed the maximum grant amount. Any money remaining in a grant allocation beyond the termination date of the grant agreement will lapse into the Dog Law Restricted Account. If a bill covers materials, services or utilities provided, in whole or in part, before January 1, 2000 or after December 31, 2000, that bill is not an eligible bill and will not be reimbursed by the Department under the Program.
4. Application Process.
a. Application required. A humane society or association for the prevention of cruelty to animals seeking a grant under the Program must complete a written application form and deliver it to the Department no later than February 14, 2000. Applications received by the Department beyond that date will not be considered.
b. Obtaining an application form. The Department will provide grant application forms upon request. Requests for application forms should be directed to Richard Hess, Director, Bureau of Dog Law Enforcement, Department of Agriculture, 2301 North Cameron Street, Harrisburg, PA 17110-9408; telephone: (717) 787-4833, Fax: (717) 772-4352.
c. Contents of grant application form. A grant application form shall require the following information:
i. The name and address of the applicant.
ii. Information to verify that the applicant is a humane society or association for the prevention of cruelty to animals and otherwise meets the eligibility requirements set forth in paragraph 2, above.
iii. The maximum grant amount sought by the applicant--not to exceed $7,500.
iv. A description of the eligible bills for which the grant applicant intends to seek reimbursement, including a description (and copies, if available) of bills received by the applicant in 1999 for the same type of materials, services or utilities for which reimbursement will be sought under the grant agreement.
v. Other information the Department might reasonably require.
5. Review and approval of grant application.
a. Review and notification. The Department will review each timely grant application and provide the applicant written notification of whether the Department awards the grant, denies the grant or awards a grant in some amount less than the applicant sought. This written notification will be mailed no later than February 29, 2000, to the address provided by the applicant on the grant application form. If an application is incomplete or the Department requires additional information or documentation to evaluate the grant request, it will so advise the applicant.
b. Review criteria. The Department will consider the following, among other factors, in determining whether to award a grant application:
i. The number of applications received and the availability of funds for the grants sought.
ii. The relative contribution of the applicant to dog control activities in the area it serves.
iii. The relative contribution of the applicant to dog control as compared to the relative contribution of other applicants.
iv. The relative importance of the grant to the continued operation of the applicant's dog control facility.
v. The expense or logistical difficulty the Department would encounter if the applicant's dog control facility was no longer in operation.
6. Grant agreement.
a. Grant agreement required. A successful grant applicant must execute a grant agreement with the Department, setting forth the terms and conditions under which the grant money will be used by the Department to reimburse the grant recipient for payment of eligible bills.
b. Reimbursement requests. The grant agreement will set forth the exact procedure by which a grant recipient shall seek reimbursement from the Department for payment of eligible bills. The basic reimbursement request procedure will be as follows:
By May 15, 2000 the grant recipient will:
(1) Deliver copies of the eligible bills it has paid between January 1 and April 30, 2000.
(2) Verify that these bills have been paid and are eligible for reimbursement.
(3) Provide a detailed report of the dog control activities performed by the successful applicant during the referenced 4-month period.
By September 15, 2000 the grant recipient will:
(1) Deliver copies of the eligible bills it has paid between May 1 and August 31, 2000.
(2) Verify that these bills have been paid and are eligible for reimbursement.
(3) Provide a detailed report of the dog control activities performed by the successful applicant during the referenced 4-month period.
By January 15, 2001 the grant recipient will:
(1) Deliver copies of the eligible bills it has paid between September 1 and December 31, 2000.
(2) Verify that these bills have been paid and are eligible for reimbursement.
(3) Provide a detailed report of the dog control activities performed by the successful applicant during the referenced 4-month period.
c. Payment by the Department. The Department will reimburse a grant recipient for eligible bills within 60 days of receiving a complete and timely reimbursement request.
d. Termination. The Department may terminate a grant agreement at any time by providing the grant recipient written notice of termination at the address set forth on the grant application.
SAMUEL E. HAYES, Jr.,
Secretary
[Pa.B. Doc. No. 00-97. Filed for public inspection January 14, 2000, 9:00 a.m.]
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