Preproposal statement of inquiry was filed as WSR 01-17-096.
Title of Rule: WAC 420-12-060 Disbursement of funds.
Purpose: Under RCW 77.85.140, to further define the meaning of "approved for funding" and "project completion" and thereby create a clear expectation among project sponsors regarding when to expect reimbursement.
Statutory Authority for Adoption: RCW 77.85.120 [(1)](b).
Summary: RCW 77.85.140 states: "project sponsors who complete salmon habitat projects approved for funding from habitat project lists and have met grant application deadlines will be paid by the Salmon Recovery Funding Board within thirty days of project completion." (Emphasis added.) The proposed WAC explains the meaning of "approved for funding" and "project completion." That is, the Salmon Recovery Funding Board (SRFB) will issue reimbursement within thirty days of the sponsor's completion of the billing requirements described in the board's reimbursement policies, Manual 8.
Reasons Supporting Proposal: The above explanation clarifies the definition of "approved for funding" and "project completion".
Name of Agency Personnel Responsible for Drafting: Greg Lovelady, 1111 Washington Street, Olympia, WA 98504, (360) 902-3008; Implementation and Enforcement: Laura Eckert Johnson, 1111 Washington Street, Olympia, WA 98504, (360) 902-3000.
Name of Proponent: Salmon Recovery Funding Board.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Summary above.
Proposal Changes the Following Existing Rules: See Summary above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule change is directed at one group of grant recipient, that is, governmental agencies. If approved, the changes will enhance efficiency and compliance with existing laws and procedures. We do not believe small businesses will be impacted in any way.
RCW 34.05.328 does not apply to this rule adoption. The Interagency Committee for Outdoor Recreation, within which the Salmon Recovery Funding Board is located (RCW 77.85.110(3)), is exempted under RCW 34.05.328 (5)(a)(i).
Hearing Location: Department of Information Services, Board Room, 605 East 11th Avenue, Olympia, WA, on February 8, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Greg Lovelady by January 23, 2001, TDD (360) 902-1996 (leave message), or (360) 902-3008.
Submit Written Comments to: Greg Lovelady, Rules Coordinator, Salmon Recovery Funding Board, P.O. Box 40917, Olympia, WA 98504-0917, fax (360) 902-3026, GregL@iac.wa.gov, by January 14, 2002.
Date of Intended Adoption: February 8, 2002.
November 30, 2001
AMENDATORY SECTION(Amending WSR 01-04-052, filed 2/2/01, effective 3/5/01)
WAC 420-12-060 Disbursement of funds. Except as otherwise provided in this rule, the director will authorize disbursement of project funds only on a reimbursable basis, after the project sponsor has spent its own funds and has presented a billing showing satisfactory evidence of property rights acquired and/or compliance with partial or all provisions of the project agreement.
(1) Reimbursement method. Reimbursement shall be requested on voucher forms authorized by the director. Requests must include all documentation as detailed in the manual in effect at the time reimbursement is requested.
(2) Reimbursement level. The amount of reimbursement may never exceed the cash spent on the project by the sponsor.
(3) Partial payment. Partial reimbursements may be made during the course of a project on presentation of billings showing satisfactory evidence of partial acquisition or development by the project sponsor. The director may require written assurance that full project completion is scheduled by a specific date. In the event of appropriation reductions or terminations, the project agreement shall allow the board to suspend or terminate future obligations and payments.
(4) Direct payment. Direct payment to escrow of the board's share of the approved cost of real property may be made following board approval of an acquisition project when the project sponsor indicates a temporary lack of funds to purchase the property. Prior to release of the board's share of escrow funds, the project sponsor must provide the director with a copy of a binding sale agreement between the project sponsor and the seller and evidence of deposit of the project sponsor's share (if any) into an escrow account.
(5) Advance payments may be made in limited circumstances only, pursuant to the policy outlined in the adopted reimbursement manual.
(6) Payment deadline. As required by RCW 77.85.140, sponsors who complete salmon habitat projects approved for funding from habitat project lists will be paid by the board within thirty days of project completion. This means the board will issue a reimbursement within thirty days of the sponsor's completion of the billing requirements described in the board's reimbursement policy manual.
[Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. 01-04-052, 420-12-060, filed 2/2/01, effective 3/5/01.]