WSR 16-12-084
(Recreation and Conservation Funding Board)
[Filed May 31, 2016, 11:12 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-08-110.
Title of Rule and Other Identifying Information: Amendments to chapter 286-04 WAC, General and chapter 286-13 WAC, General grant assistance.
Hearing Location(s): Washington Department of Ecology, Northwest Regional Office, 3190 160th Avenue S.E., Bellevue, WA 98008, on July 13, 2016, at 4:00 p.m.
Date of Intended Adoption: July 13, 2016.
Submit Written Comments to: Leslie Connelly, 1111 Washington Avenue South, P.O. Box 40917, Olympia, WA 98504-0917, e-mail, fax (360) 902-3026, by July 8, 2016.
Assistance for Persons with Disabilities: Contact Cindy Gower by July 12, 2016, 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 modify grant program requirements for the recreation and conservation funding board. The modifications include changes to the application requirements, evaluation process, grant program deadlines, decision making, and eligible grant costs. The anticipated effects will:
(1) Allow the director to apply chapter 286-13 WAC to grant programs administered by the recreation and conservation office;
(2) Include an option for a technical review of applications before final evaluation;
(3) Clarify the evaluation process and who makes final decisions;
(4) Allow the director to determine application deadlines;
(5) Modify the deadline for an applicant's plan;
(6) Add deadlines for reimbursement of grant funds and final project deliverables; and
(7) Clarify eligible grant costs.
Reasons Supporting Proposal: The reasons supporting this proposal include expanding authorities for the recreation and conservation funding board and the director to make decisions, formalizing portions of the grant evaluation process and certain deadlines, and enacting existing grant procedures and eligible costs into rules.
Statutory Authority for Adoption: RCW 34.05.220, 42.56.040, 46.09.530, 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 31, 2016
Leslie Connelly
Rules Coordinator
Natural Resources
Policy Specialist
The following section of the Washington Administrative Code is repealed:
WAC 286-04-065
Project evaluations.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-13-010 ((What is the purpose of this)) Scope of chapter((?)).
(1) This chapter contains general rules ((affecting)) for grant program eligibility, applications, and projects funded with money from or through the board.
(2) Further rules are in chapter 286-26 WAC (Nonhighway and off-road vehicle activities program), chapter 286-27 WAC (Washington wildlife and recreation program), chapter 286-30 WAC (Firearms and archery range recreation program), chapter 286-35 WAC (Initiative 215 boating facilities program), chapter 286-40 WAC (Land and water conservation fund program) and chapter 286-42 WAC (Aquatic lands enhancement account program).
(3) The director may apply the rules in this chapter to programs administered by the office that are not subject to the board's approval.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-13-020 Application((s)) requirements and the evaluation process.
(((1) All grant requests must be completed and submitted in the format prescribed by the director.
(2) If the director determines that the applicant is eligible to apply for federal funds administered by the board, the applicant must execute the forms necessary for that purpose.)) (1) The board shall adopt a competitive evaluation process to guide it in allocating funds to grant applicants. The board may also adopt a technical review process to assist applicants in preparing for evaluation of their applications.
(2) The board's technical review and evaluation process for applications shall:
(a) Be developed, to a reasonable extent, through the participation of a grant program advisory committee and interested parties;
(b) Consider applicant, local, regional, and statewide needs, a project's technical merits, and other evaluation criteria;
(c) Be adopted by the board in open public meetings;
(d) Be made available in published form to interested parties;
(e) Be designed for use by an advisory committee selected for this purpose; and
(f) Be in accord with chapters 46.09, 79A.15, 79A.25, 79A.35 RCW, and RCW 79.105.150 and all other applicable statutes and federal laws and rules.
(2) The office shall administer the technical review and evaluation process adopted by the board. The office shall inform all applicants of the application requirements and the technical review and evaluation process.
(3) All applications completed in the format prescribed and submitted to the office that meet the application requirements and deadlines in this chapter will be referred to an advisory committee for evaluation.
(4) The results of the evaluation of applications from an advisory committee shall be referred to the director. The director shall use the results of the evaluation process to make funding recommendations to the board.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-13-040 ((What are the)) Grant program deadlines ((and how can the deadlines be waived?)).
(1) ((Compliance with the following deadlines is required to be eligible for grant funding and to receive grant funding.
(a))) Applications must be submitted at least four calendar months before the meeting of the board at which the applicant's project is first considered. Applications must be completed in final form and on file with the office ((at least one calendar month before the meeting of the board at which the applicant's project is first considered)) by the deadline established by the director. Excepted are applications for programs where the director specifically establishes another deadline to accomplish new or revised statutory direction, board direction, or to meet a federal grant application deadline.
(((b))) (2) Plans required for participation in board grant programs must be complete and on file with the office at least three calendar months before the meeting of the board at which the applicant's project is first considered. On the director's acceptance of the plan, the applicant shall be granted eligibility to submit applications for a period of up to six years from the last day of the month when the applicant adopted the plan.
(((c))) (3) To develop the director's funding recommendations, written assurance must be provided whenever matching resources are to be considered as a part of an application. This assurance must be provided by the applicant to the office at least one calendar month before the meeting of the board at which the project is to be considered for funding.
(((d))) (4) To prepare a project agreement, ((certain)) other documents or materials in addition to the application may be required by the office. These documents or materials must be provided by the applicant to the office at least two calendar months after the date the board or director approves funding for the project or earlier to meet a federal grant program requirement. After this period, the board or director may rescind the offer of grant funds and reallocate the grant funds to another project(s).
(((e))) (5) An applicant has three calendar months from the date the office sends the project agreement to sign and return the agreement to the office. After this period, the board or director may reject any agreement not signed and returned and reallocate the grant funds to another project(s).
(((2))) (6) Sponsors must submit a request for reimbursement at least once each year as described in the agreement.
(7) Sponsors must submit final project deliverables at the completion of the project as described in the agreement.
(8) Compliance with the deadlines is required unless ((a waiver is granted)) an extension is approved by the board or director. ((Such waivers)) Requests to extend a deadline must be submitted to the office before the deadline. Extensions are considered based on several factors which may vary with the type of ((waiver)) extension requested, including any one or more of the following:
(a) Current status and progress made to meet the deadline;
(b) The reason the established deadline could not be met;
(c) When the deadline will be met;
(d) Impact on the board's evaluation process;
(e) Equity to other applicants; and
(f) Such other information as may be relevant.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-13-050 ((Funding)) Final decision.
(1) The board ((will review)) shall consider recommendations from the director for grant projects at regularly scheduled public meetings.
(2) The board retains the authority and responsibility to accept or deviate from ((these)) the director's recommendations and make the final decision concerning the funding of an application or a change to a funded project.
(3) Unless otherwise precluded by law, the board's decision is the final decision.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-13-085 Retroactive, preagreement, and increased costs.
(1) Before execution of an agreement, the office shall not approve the disbursement of funds for project costs.
(2) The office will only reimburse costs that occur within the period of performance in the project agreement except for costs in subsections (3) and (4) of this section.
(((2))) (3) The director may grant a waiver of retroactivity for acquiring real property whenever an applicant asserts, in writing, the justification for the critical need to purchase the property in advance of the project agreement along with any documentation required by the director. When evidence warrants, the director may grant the applicant permission to proceed by issuing a written waiver. This waiver of retroactivity will not be construed as approval of the proposed project. If the project is subsequently approved, however, the costs incurred will be eligible for grant funding. If the project is to remain eligible for funding from federal funds, the director shall not authorize a waiver of retroactivity to the applicant until the federal agency administering the federal funds has issued its own waiver of retroactivity as provided under its rules and regulations. A waiver may be issued for more than one grant program.
(((3))) (4) The only retroactive acquisition, development, and restoration costs eligible for grant funding are preagreement costs as defined by the board.
(((4))) (5) Cost increases for approved projects may be granted by the board or director if financial resources are available and within the appropriation authorized by the legislature.
(a) Each cost increase request will be considered on its merits and the board's grant program policies.
(b) The director may approve a cost increase ((request so long as the cost increase amount does not exceed ten percent of the project's approved initial grant funding amount)) with authority delegated by the board.
(c) The director's approval of an acquisition project cost increase is limited to a parcel-by-parcel appraised and reviewed value.
AMENDATORY SECTION (Amending WSR 14-09-074, filed 4/18/14, effective 5/19/14)
WAC 286-13-100 Nonconformance and repayment.
Any project cost deemed by the board or director to conflict with applicable statutes, rules and/or related manuals, or the agreement, must be repaid, upon written request by the director, to the appropriate state account per the terms of the project agreement. Such repayment requests may be made in consideration of an applicable report from the state auditor's office.
The following sections of the Washington Administrative Code are repealed:
WAC 286-13-030
Application review.
WAC 286-13-080
What rules govern expenses incurred before execution of a project agreement?