WSR 98-23-030
PERMANENT RULES
PARKS AND RECREATION
COMMISSION
[Filed November 10, 1998, 2:34 p.m.]
Date of Adoption: November 6, 1998.
Purpose: Provides information on applying for funding for recreational boating safety education, information, and enforcement programs. Places approval of grant authority with the director or designee.
Citation of Existing Rules Affected by this Order: Amending chapter 352-64 WAC.
Statutory Authority for Adoption: RCW 43.51.400.
Adopted under notice filed as WSR 98-19-113 on September 23, 1998.
Changes Other than Editing from Proposed to Adopted Version: Adopted as proposed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 9, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, amended 9, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
November 9, 1998
Jim French
Senior Policy Analyst
OTS-2486.2
Chapter 352-64 WAC
THE STATE RECREATIONAL BOATING
SAFETY ((GRANT AND CONTRACT)) FUNDING PROGRAM
AMENDATORY SECTION (Amending Order 87, filed 1/21/85)
WAC 352-64-010 ((Purpose.)) What is the purpose of the
recreational boating safety funding program? ((The state boating
safety grant and contract program was established to provide
local and state agencies and private organizations with a
comprehensive biennial plan for boating safety programs and to
establish procedures by which the Washington state parks and
recreation commission would allocate moneys to boating safety
programs and projects of local and state agencies and private
organizations in accordance with RCW 43.51.400.)) The purpose of
this program is to provide funds for recreational boating safety
information, education, and law enforcement programs of local and
state agencies and private nonprofit organizations. Funding for
this program will come from federal and state funds. This
chapter establishes the procedures and the conditions related to
the use of the funds.
[Statutory Authority: RCW 43.51.400. 85-03-087 (Order 87), § 352-64-010, filed 1/21/85.]
AMENDATORY SECTION (Amending WSR 90-04-064, filed 2/5/90, effective 3/8/90)
WAC 352-64-020 ((Definitions.)) How are the words and
phrases used in this chapter? ((When used in this chapter, the
following words and phrases shall have the meanings designated in
this section unless a different meaning is expressly provided or
unless the context clearly indicates otherwise.
"Commission" means the seven-member Washington state parks
and recreation commission policy-making body created pursuant to
RCW 43.51.020.
"State parks" means the operating arm of the Washington
state parks and recreation commission, which is responsible for
implementation of commission programs established pursuant to
statute or policy.
"Director" means the director of the Washington state parks
and recreation commission, pursuant to RCW 43.51.060(8).
"Boating safety council" means the volunteer advisory body
created by the commission to advise on matters related to the
state boating program, and composed of representatives of
Washington's boating community and other concerned interests.))
(1) "Boater" means any person on a recreational vessel on waters
of the state of Washington.
(2) "Boating safety council" means the volunteer advisory body created by the commission to advise on matters related to the state boating program, and composed of representatives of Washington's recreational boating community.
(3) "Commission" means the seven-member Washington state parks and recreation commission.
(4) "Director" means the director of the Washington state parks and recreation commission or designee.
(5) "Recreational vessel" means a watercraft manufactured for operation, or operated, primarily for pleasure including watercraft leased, rented, or charted to another for the latter's pleasure.
(6) "State parks" means the operating arm of the Washington state parks and recreation commission, which is responsible for implementation of commission programs established pursuant to statute or policy.
[Statutory Authority: RCW 43.51.040. 90-04-064, § 352-64-020, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. 85-03-087 (Order 87), § 352-64-020, filed 1/21/85.]
AMENDATORY SECTION (Amending WSR 90-04-064, filed 2/5/90, effective 3/8/90)
WAC 352-64-030 ((Boating safety grant and contract
program.)) What activities are eligible for recreational boating
safety program funding? ((The boating safety grant and contract
program is composed of the biennial boating safety plan and the
disbursement of boating safety funds.
The biennial boating safety plan will be developed by state
parks in cooperation with local and state agencies to provide
comprehensive guidelines for the uniform implementation and
operation of boating safety efforts statewide.
Boating safety funds will be disbursed to local and state
agencies and private organizations by the commission to initiate
or supplement boating safety activities and to promote uniformity
in boating safety services in accordance with the Federal Boating
Safety Act of 1971. The funds may be used for programs which
include planning, development, and operation of programs for
boating safety, safety education, and enforcement of boating
laws, rules and regulations. Program elements may include:
Dissemination of information related to safe boat operation;
training of boating safety professionals; purchase of boats and
related equipment for boating safety programs; program
administration; and, the maintenance of a safe boating
environment.
The boating safety grant and contract program will be
administered to initiate or enhance programs for boating safety,
safety education and enforcement of boating laws, rules and
regulations, and will not be used to supplant existing
contributions and efforts toward safe boating.)) The funds may be
used for programs which include planning, development, and
operation of programs for recreational boating safety, safety
education, and enforcement of boating laws, rules, and
regulations. Program elements may include: Dissemination of
information related to safe boat operation; training of boating
safety professionals; purchase of boats and related equipment for
boating safety programs; program administration; and the
maintenance of a safe boating environment.
[Statutory Authority: RCW 43.51.040. 90-04-064, § 352-64-030, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. 85-03-087 (Order 87), § 352-64-030, filed 1/21/85.]
AMENDATORY SECTION (Amending WSR 90-04-064, filed 2/5/90, effective 3/8/90)
WAC 352-64-040 ((Grant eligibility.)) Who is eligible for
recreational boating safety program funding? ((Any state or
local public agency or private, nonprofit organization is
eligible to apply for grants for boating safety or safety
education. A state or local public agency having jurisdiction
over waters used for recreational boating and possessing the
authority to enforce the Revised Code of Washington and the
Washington Administrative Code is eligible to apply for grants
for programs of enforcement of boating laws, rules, and
regulations.
Each successful applicant must provide a minimum of fifty
percent match through program expenditures, in kind services,
and/or volunteer contributions to the program. The matching
requirement may be reduced to not less than twenty-five percent
by state parks when necessary to enable the applicant to initiate
and continue for a second year a program of boating safety,
safety education, or enforcement.)) (1) Any state or local public
agency or private nonprofit organization is eligible to apply for
grants for recreational boating safety information or education
programs.
(2) Any state or local public agency having jurisdiction over waters used for recreational boating and possessing the authority to enforce the Revised Code of Washington and the Washington Administrative Code is eligible to apply for grants for programs of enforcement of recreational boating safety laws, rules, and regulations.
[Statutory Authority: RCW 43.51.040. 90-04-064, § 352-64-040, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. 85-03-087 (Order 87), § 352-64-040, filed 1/21/85.]
NEW SECTION
WAC 352-64-045 Are there any limitations on the availability and use of the funds? (1) The director may establish limitations on the availability and use of recreational boating safety program funding only after considering the following:
(a) Availability of funds.
(b) Recommendations of the boating safety council and state parks staff on program needs.
(2) The director may determine that applicants be required to make a matching contribution to be eligible for funding.
(3) The director may limit the amount of funding available for any element(s) of a project.
(4) The director may determine that the funds shall not be used to supplant existing contributions and efforts toward safe boating.
[]
AMENDATORY SECTION (Amending WSR 90-04-064, filed 2/5/90, effective 3/8/90)
WAC 352-64-050 ((Application process.)) How does one apply
for funding? ((In order to be considered by the commission for
receipt of boating safety funds an eligible agency or
organization must:
(1) Complete an application on a form prescribed by state
parks and file the application on or before the filing date set
by state parks in the application form.
(2) Provide a statement of intent from the governing body of
the requesting agency or organization that the necessary matching
funds or in-kind contributions will be made available for the
program as described in the application.
(3) Agree to:
(a) File an annual report and other reports, as may be
specified in the agreement, on a form provided by state parks.
Include accomplishments, all activities, a summary of in-kind
contributions, and total expenses incurred by the program or
project.
(b) Refund to the commission any unexpended funds received
from the commission which remain at the completion or termination
of the agreement and reimburse the commission for any
unauthorized expenditures.)) In order to be considered for
receipt of recreational boating safety information, education, or
law enforcement funding, an eligible applicant must complete and
submit an application form provided by state parks following the
instructions provided in the form.
[Statutory Authority: RCW 43.51.040. 90-04-064, § 352-64-050, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. 85-03-087 (Order 87), § 352-64-050, filed 1/21/85.]
AMENDATORY SECTION (Amending WSR 90-04-064, filed 2/5/90, effective 3/8/90)
WAC 352-64-060 ((Funding guidelines.)) What criteria will
be used to evaluate my application? ((Following is a list of the
funding guidelines which will be considered in determining the
allocation of available boating safety funds.
(1) Assist programs which are designed to prevent boating
accidents through education and/or enforcement of safe boating
laws.
(2) Assist in the training of personnel and in the operation
of boater assistance and rescue programs.
(3) Assist development of state-wide boater safety information programs.
(4) Assist development of other programs which promote or
enhance safe boating opportunities in Washington state.)) State
parks will review and evaluate applications based on the
applicants ability to achieve any or all of the following
criteria. Programs which are designed to:
(1) Focus on recreational boating accident and fatality prevention through education and/or enforcement of safe boating laws.
(2) Assist in the training of personnel in recreational boating safety education and law enforcement program areas.
(3) Assist in the development of state-wide recreational boater safety education and information programs including the uniform state waterway marking system.
(4) Assist in the development of other programs which promote or enhance safe boating opportunities in Washington state.
[Statutory Authority: RCW 43.51.040. 90-04-064, § 352-64-060, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. 85-03-087 (Order 87), § 352-64-060, filed 1/21/85.]
AMENDATORY SECTION (Amending WSR 90-04-064, filed 2/5/90, effective 3/8/90)
WAC 352-64-070 ((Procedures for review and disbursement of
grants.)) How will projects be selected for funding? ((Following
is a description of procedures which will be used by the
commission in the review and disbursement of boating safety
grants.
(1) Applications will be reviewed by state parks staff and
scored by the boating safety council to determine consistency
with the funding guidelines and the biennial boating safety plan.
(2) The director will receive and consider the
recommendations of the boating safety council for the
disbursement of boating safety grants in developing final
recommendations for presentation to the commission.
(3) Applications will be subject to approval by the
commission. No grant expenditures may be made until such
approval is received.
(4) The successful applicant will receive funds:
(a) As reimbursement for approved expenditures following
receipt of documentation by state parks which indicates
satisfactory compliance with the agreement; or
(b) Through an advance payment upon written approval by the
director.
(5) The applicant and state parks will execute an agreement
which specifies the duties and obligations of each party and
requires the applicant's compliance with specified policies and
procedures.
(6) The program will be subject to review at predetermined
intervals to insure compliance with program policies and
procedures.)) (1) Applications will be reviewed by state parks
staff and will be evaluated against the criteria in this chapter.
(2) Staff will consult with and consider the recommendations of the boating safety council and will present final recommendations to the director. The director shall make the final decision on funding a project.
(3) No grant expenditures may be made until such approval is received and a contract is signed by the state parks and funding recipient authorized representatives.
(4) Applicants for recreational boating safety program funds whose requests are approved by the director may receive funds (a) on a reimbursement basis after a billing which indicates satisfactory compliance with a contract that has been filed with state parks or (b) through an advance payment upon a written request to and approval by the director.
[Statutory Authority: RCW 43.51.040. 90-04-064, § 352-64-070, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. 85-03-087 (Order 87), § 352-64-070, filed 1/21/85.]
AMENDATORY SECTION (Amending WSR 90-04-064, filed 2/5/90, effective 3/8/90)
WAC 352-64-080 ((Accountability.)) What conditions are
placed on the use of the funds? ((Recipients of boating safety
funds shall maintain accurate accounting records on the
expenditure of funds, provide the director with these records
consistent with the agreement or upon request, and permit state
parks to audit the use of the funds in accordance with generally
accepted audit practices and standards.
The commission reserves the right to terminate its
participation in any program for failure to perform according to
the requirements of the agreement.)) The following conditions
apply to the use of the funds:
(1) Project contract. For every funded project, a contract must be executed by the director and by the funding recipient's authorized representative.
(2) Matching contribution. Should a matching contribution be required, recipients of boating safety funds shall meet this requirement through program expenditures, in-kind services, and/or volunteer contributions to the program.
(3) Accountability. Recipients of boating safety funds shall maintain accurate accounting records on the expenditure of funds including any matching contribution if such matching contribution is required, provide the director with these records consistent with the agreement or upon request, and permit a state parks representative to audit the use of the funds in accordance with generally accepted audit practices and standards.
(4) State parks reserves the right to terminate its participation in any program for failure of the funding recipient to perform according to the requirements of the agreement.
(5) Reporting requirements. The funding recipient shall submit reports required by state parks as provided in the project contract.
[Statutory Authority: RCW 43.51.040. 90-04-064, § 352-64-080, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. 85-03-087 (Order 87), § 352-64-080, filed 1/21/85.]