WSR 15-11-080
PROPOSED RULES
RECREATION AND CONSERVATION
OFFICE
(Recreation and Conservation Funding Board)
[Filed May 19, 2015, 1:32 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-08-076.
Title of Rule and Other Identifying Information: Amendments to chapter 286-04 WAC, General.
Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on June 25, 2015, at 11:30 a.m.
Date of Intended Adoption: June 25, 2015.
Submit Written Comments to: Leslie Connelly, 1111 Washington Avenue South, P.O. Box 40917, Olympia, WA 98504-0917, e-mail leslie.connelly@rco.wa.gov, fax (360) 902-3026, by June 23, 2015.
Assistance for Persons with Disabilities: Contact Cindy Gower by June 25, 2015, TTY (360) 902-1996 or (360) 902-3013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to revise existing definitions; add new definitions; update agency contact information; revise the mission, goals and duties of the recreation and conservation funding board; revise the process the board uses to adopt policies and hear petitions; revise the authorities of the director of the recreation and conservation office; and revise section titles. The anticipated effects of the changes are to clarify the roles and responsibilities of the recreation and conservation funding board and the director of the recreation and conservation office. The changes also address definitions applicable to Title 286 WAC and agreements made to sponsors who receive grant funds.
Reasons Supporting Proposal: To bring alignment among:
(1) Statutory direction and the recreation and conservation funding board's mission, goals, and duties;
(2) Statutory direction and the duties of the director of the recreation and conservation office; and
(3) Administrative rules and project agreements issued to sponsors who receive grant funds from the recreation and conservation funding board.
Statutory Authority for Adoption: RCW 34.05.220, 42.56.040, 46.09.530, 79A.15.030, 79A.15.060, 79A.15.070, 79A.15.120, 79A.15.130, 79A.25.210.
Statute Being Implemented: Chapters 79A.15 and 79A.25 RCW, RCW 46.09.530.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Recreation and conservation office, governmental.
Name of Agency Personnel Responsible for Drafting: Leslie Connelly, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-3080; Implementation and Enforcement: Kaleen Cottingham, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-3000.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule making does not meet the definition of a "minor cost" in RCW 19.85.020(2) nor would it affect "small businesses" as defined in RCW 19.85.020(3).
A cost-benefit analysis is not required under RCW 34.05.328. The recreation and conservation office is not listed as an agency required to complete a cost-benefit analysis under RCW 34.05.328 (5)(a)(i).
May 19, 2015
Leslie Connelly
Rules Coordinator
Natural Resources Policy Specialist
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-04-010 ((What definitions apply to this chapter?)) Definitions.
For purposes of Title 286 WAC, unless the context clearly indicates otherwise the following definitions apply:
(1) "Acquisition" means the ((gaining of rights of public ownership by)) purchase((, negotiation, or other means,)) of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access or trail easements, covenants, water rights, leases, and mineral rights.
(2) "Agreement" or "project agreement" means the accord accepted by the office and the sponsor for the project and includes any supplemental agreements, any amendments to the agreement and any intergovernmental agreements.
(3) "Applicant" means any ((agency or organization)) party that meets qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the board((. Generally, a federal, state, local, tribal or special purpose government is an applicant)).
(4) "Application" means the ((form, including project information form, approved by the director for use by applicants in soliciting project funds administered by the board)) documents and other materials that an applicant submits to the office to support the applicant's request for grant funds.
(5) "Board" means the recreation and conservation funding board as described in RCW 79A.25.110.
(6) "Chair" means the chair of the board as described in RCW 79A.25.110.
(7) "Development project" means a project that results in the construction ((and/or restoration)) of or work resulting in new elements including, but not limited to, structures, facilities and materials to enhance outdoor recreation ((or habitat conservation)) resources.
(8) "Director" means the director of the office or that person's designee as described in RCW 79A.25.150.
(("Nonhighway and off-road vehicle activities (NOVA) program" means the grants and planning program administered by the board under chapter 46.09 RCW.)) (9) "Education and enforcement project" means a project that provides information, education, and outreach programs; encourages responsible recreational behaviors; and may provide law enforcement for the benefit of outdoor recreationists.
(10) "Education project" means a project that provides information, education, and outreach programs for the benefit of outdoor recreationists.
(11) "Maintenance project" means a project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreationists.
(12) "Maintenance and operation project" means a project that maintains existing areas and facilities through repairs, upkeep, and routine servicing for the benefit of outdoor recreationists.
(13) "Manual(s)" means a compilation of state and federal laws; board rules, policies, and procedures((, rules,)); and director procedures, forms, and instructions ((that have been)) assembled in manual form ((and which have been approved by the board or director)) for dissemination to ((agencies and organizations that may wish to)) parties that participate in the board's or office's grant program(s).
(14) "Match" or "matching share" means the portion of the total project cost in the project agreement provided by the project sponsor.
(15) "Office" means the recreation and conservation office ((or the office of recreation and conservation)) as described in RCW 79A.25.010.
(16) "Planning project" means a project that results in one or more of the following: A study, a plan, construction plans and specifications, and permits to increase the availability of outdoor recreational resources.
(17) "((Preliminary expense)) Preagreement cost" means a project cost((s)) incurred ((prior to board or director approval, other than site preparation/development costs, necessary for the preparation of a development project)) before the period of performance identified in an agreement.
(18) "Project" means the undertaking which is, or may be, funded in whole or in part with funds administered by the office on behalf of the board.
(("Project agreement" means a project agreement, supplemental agreement, intergovernmental agreement, or project contract between the office and a sponsor.)) (19) "Reimbursement" means the payment of funds from the office to the sponsor for eligible and allowable project costs that have already been paid by the sponsor per the terms of an agreement.
(20) "Renovation project" means a project that improves an existing site or structure in order to increase its service life or functions.
(21) "Restoration project" means a project that brings a site back to its historic function as part of a natural ecosystem or improving the ecological functionality of the site.
(22) "Sponsor" means an eligible applicant who has been awarded a grant of funds((,)) and ((has)) is bound by an executed ((project)) agreement; includes its officers, employees, agents, and successors.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-04-015 Address.
All communications with the board, office, director and staff shall be directed to the recreation and conservation office at the Natural Resources Building, 1111 Washington Street S.E., P.O. Box 40917, Olympia, Washington 98504-0917, telephone 360-902-3000, fax 360-902-3026, web site www.rco.wa.gov.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-04-020 ((Organization and operations.)) Duties of the board.
((The board:
(1) Is an unsalaried body consisting of the (a) commissioner of public lands, (b) director of the department of fish and wildlife, (c) director of the parks and recreation commission, (or the designees of these individuals) and five citizens appointed by the governor from the public-at-large, with the consent of the senate, for a term of three years each. The chair of the board is a voting member, appointed by the governor from among the five citizen members.
(2) Was)) (1) The board was created by Initiative 215 ((())Marine Recreation Land Act of 1964((). It)) (section 11, chapter 5, Laws of 1965) codified in chapter 79A.25 RCW.
(2) Membership of the board is defined in RCW 79A.25.110.
(3) The board is authorized to ((allocate and administer funds to agencies and organizations from the state's outdoor recreation and other such accounts as may now or hereafter be established.
(3) Is authorized and obligated to prepare,)):
(a) Prepare, maintain and update statewide plans, including:
(((a))) (i) A strategic recreation resource and open space or assessment and policy plan ((and state trails plan)) (RCW 79A.25.020) and a state trails plan (79A.35.040); ((and
(b))) (ii) A nonhighway and off-road vehicle plan (RCW 46.09.370); and
(iii) Create and maintain data, studies, research, and other information relating to community outdoor athletic fields (RCW 79A.25.820);
(b) Administer funds from the outdoor recreation account (RCW 79A.25.060), recreation resources account (RCW 79A.25.190 and 79A.25.200), habitat conservation account (RCW 79A.15.020), riparian protection account (RCW 79A.15.120), farmland preservation account (RCW 79A.15.130), nonhighway and off-road vehicles activities program account (RCW 46.09.510), and other such accounts as may now or hereafter be established by the legislature;
(c) Establish acquisition policies and procedures for distributions from the habitat conservation account (RCW 79A.15.060), outdoor recreation account (RCW 79A.15.070), riparian protection account (RCW 79A.15.120), and farmland preservation account (RCW 79A.15.130);
(d) Recommend to the governor a prioritized list of applications for funding and make grant awards from the habitat conservation account (RCW 79A.15.060), outdoor recreation account (RCW 79A.15.070), riparian protection account (RCW 79A.15.120), and farmland preservation account (RCW 79A.15.130);
(e) Submit letters received as described in RCW 79A.15.110 to the governor and legislature;
(f) Establish a nonhighway and off-road vehicle advisory committee as described in RCW 46.09.340 and report to the committee once per year on the expenditure of off-road vehicle funds and refunds from the motor vehicle fund;
(g) Distribute funds received from the off-road vehicle funds and refunds from the motor vehicle fund at least once per year as described in RCW 46.09.530;
(h) Determine the eligibility of applicants for the youth athletic facilities account as described in RCW 79A.25.820;
(i) Prescribe the terms and conditions for the making of grants in chapter 79A.25 RCW;
(j) Approve a conversion of use as described in RCW 79A.25.100 and 79A.15.030(8); and
(k) Recommend to the governor potential candidates for the position of the director as described in RCW 79A.25.150.
(4) The board does not own or operate any outdoor recreation or resource facilities.
(5) ((Performs and accomplishes work by a staff)) The office, under the supervision of a director appointed by the governor, performs and accomplishes work on behalf of the board.
(6) The board:
(a) Conducts regular meetings, pursuant to RCW 42.30.075, according to a schedule it adopts in an open public meeting((.));
(b) May conduct special meetings at any time, pursuant to RCW 42.30.080, if called by the chair((.));
(c) Maintains an official record of its meetings in a recorded audio format, unless written minutes are otherwise indicated for logistical reasons((.
(7) Members who have been appointed from the public-at-large shall be reimbursed at the rate established by the office of financial management in accordance with RCW 43.03.050(1) for each day or portion thereof spent on official business and shall be entitled to receive all necessary travel expenses on the same basis as is provided by law for state officials and employees generally.
(8)));
(d) Defines a quorum as five of its members((.
(9)));
(e) Adopts parliamentary meeting procedure generally as described in Robert's Rules of Order.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-04-030 ((Goals.)) Mission and goals of the board.
((The general)) (1) The mission of the board as described in RCW 79A.25.005 is to:
(a) Create and work actively for the implementation of a unified statewide strategy for meeting the recreational needs of Washington's citizens;
(b) Represent and promote the interests of the state on recreational issues in concert with other state and local agencies and the governor;
(c) Encourage and provide interagency and regional coordination, and interaction between public and private organizations;
(d) Administer recreational grant-in-aid programs and provide technical assistance; and
(e) Serve as a repository for information, studies, research, and other data relating to recreation.
(2) To achieve the mission of the board as described in subsection (1) of this section the goals of the board and office are to:
(((1) Provide funds and planning assistance for acquisition and development and use of outdoor recreation and habitat conservation resources to maximize protection of the natural quality of the environment;
(2) Provide funds and planning assistance for a system of public recreational facilities and opportunities for state residents and visitors;
(3) Aid organizations and local government, with funds and planning assistance, in providing the type of facilities and resources which, under their jurisdiction, will best serve their needs for outdoor recreation and habitat conservation; and
(4) Encourage programs which promote outdoor education, skill development, participation opportunity and proper stewardship of recreation and natural resources. See also RCW 79A.25.005.)) (a) Develop a unified statewide strategy for recreational needs as described in RCW 79A.25.005 (1)(a) in conjunction with a strategic plan for the acquisition, renovation, and development of recreational resources and the preservation and conservation of open space as required by RCW 79A.25.020(3). The strategic plan shall address the statutory policy of the state and its agencies to preserve, conserve, and enhance recreational resources and open space as described in RCW 79A.25.005(1). The board shall actively work with other state agencies to implement the strategic plan;
(b) Utilize the board's open public meetings as a forum to discuss and address recreation and conservation issues of interest to the state and foster interagency and regional coordination between public and private organizations to address such issues;
(c) As members of the board, represent the interests of the state on recreational issues and provide consultation and recommendations to the governor as appropriate;
(d) Provide planning technical assistance, project technical assistance, and grant funding with a high level of accountability that is demonstrated by performance based management standards; and
(e) Serve as a repository for data and information related to recreation and conservation for inclusion in the strategic plan as described in subsection (2)(a) of this section and for use by other interested parties.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-04-050 Compliance with State Environmental Policy Act ((guidelines)) and other laws.
(1) The ((board has determined that all of its)) board's and office's activities and programs in effect as of and after December 12, 1975, or pursuant to WAC 197-11-800, are exempt from threshold determinations and environmental impact statement requirements under the provisions of WAC 197-11-875.
(2) To the extent applicable, it is the responsibility of ((applicants and)) sponsors to comply with the provisions of chapter 197-11 WAC, the State Environmental Policy Act rules ((for acquisition or development of projects, the National Environmental Protection Act, and to obtain associated land-use permits)) and comply with all applicable federal, state, and local laws and regulations regardless of whether the sponsor is a public or private organization.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-04-060 ((Manuals and waivers—Guidance.)) Policies and procedures.
(1) The board ((or director shall adopt manuals that describe its general administrative policies for use by applicants, potential applicants, sponsors, and others. These manuals shall not have the force or effect of administrative code rules)) shall adopt plans, policies, and procedures per the duties of the board as described in WAC 286-04-020.
(((2))) Board policies((, including those in the manuals)) shall be considered and approved by the board in an open public meeting. Notice of such considerations will be given by distribution of the agenda for the meeting, press releases, formal meeting notice in the Washington State Register, or other such means as appropriate.
(2) The director shall approve administrative procedures to implement the board's policies and general grant administration per the duties of the director in WAC 286-04-070.
(3) The office shall publish the policies and the administrative procedures and make them available to applicants, sponsors and other interested parties.
(((3) Project)) (4) Applicants, sponsors, or other interested parties may petition the director for a waiver or waivers of those items dealing with ((general)) administrative ((matters and)) procedures ((within the manuals)). The director may refer any petition on an administrative procedure to the board for determination. Determinations on petitions for waivers made by the director are subject to review by the board at the request of the petitioner.
(((4))) (5) Applicants, sponsors, or other interested parties may petition the board for a waiver or waivers of those items dealing with policy and procedures. Petitions for waivers of subjects dealing with board policy and procedures, ((and)) those petitions ((that in the judgment of)) referred by the director ((require)) to the board ((review)), and determinations made in subsection (4) of this section at the request of the petitioner shall be ((referred to)) considered by the board ((for deliberation. Such waivers may be granted after consideration by the board)) at an open public meeting.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-04-070 Director's authority.
(1) Consistent with RCW 79A.25.020, and other applicable laws, the director is delegated the authority and responsibility to carry out policies and administrative functions of the board. This includes, but is not limited to the authority to:
(((1) Administer programs; employ, discipline, and terminate staff, consistent with applicable merit system and personnel rules)) (a) Supervise the administrative operations of the board, office, and their staff (RCW 79A.25.020(1));
(b) Administer recreation and conservation grant-in-aid programs and contracts, and provide technical assistance to state and local agencies (RCW 79A.25.020(2));
(c) Prepare and update a strategic plan for the acquisition, renovation, and development of recreational resources and the preservation and conservation of open space (RCW 79A.25.020(3));
(d) Represent and promote the interests of the state on recreational issues and further the mission of the board and office (RCW 79A.25.020(4));
(e) Upon approval of the board, enter into contracts and agreements with private nonprofit corporations to further state goals of preserving, conserving, and enhancing recreational resources and open space for the public benefit and use (RCW 79A.25.020(5));
(f) Appoint such technical and other committees as may be necessary to carry out the purposes of chapter 79A.25 RCW (RCW 79A.25.020(6));
(g) Create and maintain a repository for data, studies, research, and other information relating to recreation and conservation resources in the state, and to encourage the interchange of such information (RCW 79A.25.020(7));
(h) Encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public and private entities involved in the development and preservation of recreational and conservation resources (RCW 79A.25.020(8));
(i) Prepare the state trails plan, as required by RCW 79A.35.040 (RCW 79A.25.020(9));
(((2))) (j) Administer all applicable rules, regulations and requirements established by the board or reflected in the laws of the state; ((and
(3))) (k) Approve certain cost increases or waiver requests as determined by board policy; and
(l) Approve the format for receiving grant applications.
(2) The director may waive the board's administrative rules or policies only after the board has delegated such authority at one of its public meetings.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-04-085 ((Declaratory orderPetition requisitesConsiderationDisposition.)) Petitions for declaratory order of a rule, order, or statute.
(1) Any person may submit a petition for a declaratory order in accordance with RCW 34.05.240 in any form so long as it:
(a) Clearly states the question the declaratory order is to answer; and
(b) Provides a statement of the facts which raise the question.
(2) The director may conduct an independent investigation in order to fully develop the relevant facts.
(3) The director will present the petition to the board at the first meeting when it is practical to do so and will provide the petitioner with at least five days notice of the time and place of such meeting. Such notice may be waived by the petitioner.
(4) The petitioner may present additional material and/or argument at any time prior to the issuance of the declaratory order.
(5) The board may decide that a public hearing would assist its deliberations and decisions. If such a hearing is ordered, it will be placed on the agenda of a meeting and at least five days notice of such meeting shall be provided to the petitioner.
NEW SECTION
WAC 286-04-095 Petition for adoption, amendment or repeal of a rule.
Any person may submit a petition requesting the adoption, amendment or repeal of any rule by the board, pursuant to RCW 34.05.330 and the uniform rules adopted by the office of financial management that are set forth in chapter 82-05 WAC.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 286-04-090
What is the history of the board's fund sources?