(1) Subject to the duties and powers of the board under Section 63N-1-402, the administrator may provide money from the Industrial Assistance Account to an entity located in a nonattainment area to purchase and install best available control technology for air quality if that entity: (a) applies to the administrator; and (b) meets the conditions of Subsection (2).

(a) applies to the administrator; and

(b) meets the conditions of Subsection (2).

(2) An entity applicant shall: (a) demonstrate to the satisfaction of the administrator that the purchase and installation of the best available control technology for air quality will result in new jobs with wages that exceed 110% of the county median wage of the county in which the entity is located; (b) demonstrate that the applicant does not currently qualify for another grant program: (i) for a small business; or (ii) that would cover the cost of the equipment to be purchased and installed with funds provided under this section; (c) provide satisfactory documentation showing that the equipment to be purchased and installed with funds provided under this section meets design requirements corresponding to the best available control technology for the relevant emissions profile of the applicant; and (d) satisfy other criteria the administrator considers appropriate.

(a) demonstrate to the satisfaction of the administrator that the purchase and installation of the best available control technology for air quality will result in new jobs with wages that exceed 110% of the county median wage of the county in which the entity is located;

(b) demonstrate that the applicant does not currently qualify for another grant program: (i) for a small business; or (ii) that would cover the cost of the equipment to be purchased and installed with funds provided under this section;

(i) for a small business; or

(ii) that would cover the cost of the equipment to be purchased and installed with funds provided under this section;

(c) provide satisfactory documentation showing that the equipment to be purchased and installed with funds provided under this section meets design requirements corresponding to the best available control technology for the relevant emissions profile of the applicant; and

(d) satisfy other criteria the administrator considers appropriate.

(3) Subject to the duties and powers of the board under Section 63N-1-402, the administrator shall: (a) make findings as to whether an applicant has satisfied each of the conditions set forth in Subsection (2); (b) establish benchmarks and time frames in which progress toward the completion of the agreed upon activity is to occur; (c) monitor compliance by an applicant with any contract or agreement entered into by the applicant and the state as provided by Section 63N-3-107; (d) make funding decisions based upon appropriate findings and compliance; and (e) consult with the Department of Environmental Quality, created in Section 19-1-104, to determine whether the applicant has satisfied the conditions set forth in Subsection (2).

(a) make findings as to whether an applicant has satisfied each of the conditions set forth in Subsection (2);

(b) establish benchmarks and time frames in which progress toward the completion of the agreed upon activity is to occur;

(c) monitor compliance by an applicant with any contract or agreement entered into by the applicant and the state as provided by Section 63N-3-107;

(d) make funding decisions based upon appropriate findings and compliance; and

(e) consult with the Department of Environmental Quality, created in Section 19-1-104, to determine whether the applicant has satisfied the conditions set forth in Subsection (2).