WSR 06-01-061

PROPOSED RULES

INTERAGENCY COMMITTEE

FOR OUTDOOR RECREATION

[ Filed December 19, 2005, 1:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-17-030.

Title of Rule and Other Identifying Information: (A) Match requirements, WAC 286-13-045: In most IAC grant programs, local agency sponsors must provide 20% or more of the resources needed to complete a project. Sponsors must show that they have these resources in hand, before IAC will award the grants. Called the applicant's "matching share," the resources can come in a variety of forms, including appropriations, tax levies, bond issues, force account labor, volunteer labor, and donations. However, current rules require that an IAC grant in one program may not be used as the matching share for an IAC grant in another program.

(B) Supplementing versus supplanting local capacity, WAC 286-13-080: An IAC grant is intended to supplement the existing capacity of a sponsor. It is not intended to replace programs or to reimburse the cost of projects that would have been undertaken without state matching money.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on February 2, 2006, at 1 p.m.

Date of Intended Adoption: February 2, 2006.

Submit Written Comments to: Greg Lovelady, IAC Rules Coordinator, 1111 Washington Street S.E., Natural Resources Building, P.O. Box 40917, Olympia, WA 98504-0917, e-mail GregL@iac.wa.gov, fax (360) 902-3026, phone (360) 902-3008, by January 23, 2006.

Assistance for Persons with Disabilities: Contact Greg Lovelady by January 25, 2006, TTY (360) 902-1996 or (360) 902-3008.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: (A) Match requirements, WAC 286-13-045: As IAC is provided more grant programs to administer, its rule of not allowing one IAC grant to match another IAC grant is becoming burdensome. For example, since IAC was directed to begin administration of the ALEA grant program in 2003, it is no longer possible for project sponsors to use an ALEA grant as a match for an IAC WWRP-water access grant. This means that project sponsors now have fewer sources of funding and are less likely to complete their projects. This WAC proposal removes the prohibition against using an IAC grant in one program to match an IAC grant in another program.

(B) Supplementing versus supplanting local capacity, WAC 286-13-080: This policy has been difficult to apply consistently and fairly due to the difficulty in developing clear definitions for "existing capacity" and "supplant." Because of the impracticality of retaining policies that cannot be applied, this WAC proposal removes the "supplement the existing capacity" and "not intended to supplant" provisions from WAC.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 79A.15.060(1), 79A.15.070(5), 79A.25.005, 79A.25.080(2), 79A.25.210.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Interagency committee for outdoor recreation (IAC), governmental.

Name of Agency Personnel Responsible for Drafting: Greg Lovelady, P.O. Box 40917, Olympia, WA 98504, 1111 Washington Street, Olympia, (360) 902-3008; Implementation and Enforcement: Laura Eckert Johnson, P.O. Box 40917, Olympia, WA 98504, 1111 Washington Street, Olympia, (360) 902-3000.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. Only affected parties are local governments, state and federal agencies.

A cost-benefit analysis is not required under RCW 34.05.328. IAC is not a listed agency in section 201, and proposed rules are technical, affecting governmental parties only.

December 15, 2006 [2005]

Greg Lovelady

Rules Coordinator

OTS-8511.2


AMENDATORY SECTION(Amending WSR 98-08-014, filed 3/18/98, effective 4/18/98)

WAC 286-13-045   What rules govern eligible matching resources((.))?   (1) When requiring a match from an applicant for committee administered funds, or giving preference to an applicant that provides a match, it is the intent of the committee to do so to foster local commitment to the proposed project and to demonstrate that commitment, and to make funds from a given grant program (and revenue source) available to a greater number of projects.

(2) Applicant resources used to match committee funds ((may)) include, but are not limited to: Cash((,)); local impact/mitigation fees((,)); certain federal funds((,)); the value of donations such as privately owned ((donated)) real estate, equipment, equipment use, materials, and labor((,)); or any combination thereof.

(((2) Agencies and organizations may)) (3) An agency's or organization's match ((with state funds so long as the state funds are not)) may include state and federal funds, including funds from other grant programs administered by the committee. However, the committee may require the agency or organization to provide a portion of the match in local resources.

(((3))) (4) Private donated real property, or the value of that property, must consist of real property (land and facilities) that would normally qualify for committee grant funding.

(((4))) (5) State agency projects may be assisted by one hundred percent funding from committee sources except where prohibited by law.

(((5))) (6) The eligibility of some federal and state funds to be used as a match is governed by federal and state requirements and thus may vary with individual program policies.

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 98-08-014, 286-13-045, filed 3/18/98, effective 4/18/98; 97-08-003, 286-13-045, filed 3/20/97, effective 4/20/97. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-13-045, filed 3/29/96, effective 4/29/96.]


AMENDATORY SECTION(Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)

WAC 286-13-080   ((Committee funds intended to supplement.)) What rules govern expenses incurred before execution of a project agreement?   ((State grants through the committee are intended to supplement the existing capacity of a sponsor; they are not intended to supplant programs, or to reimburse the cost of projects that would have been undertaken without state matching money. Furthermore,)) Except as hereinafter provided, the committee will not approve the disbursement of funds for ((a project when otherwise reimbursable activities have been undertaken)) expenses incurred before execution of a project agreement ((has been executed)).

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-13-080, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-13-080, filed 8/17/94, effective 9/17/94.]