WSR 98-19-113

PROPOSED RULES

PARKS AND RECREATION

COMMISSION

[Filed September 23,1998, 9:35 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-16-035.

Title of Rule: Chapter 352-64 WAC, The state recreational boating safety funding program.

Purpose: Provides information on applying for funding for recreational boating safety education, information, and enforcement programs.

Statutory Authority for Adoption: RCW 43.51.400.

Summary: To rewrite rule for clarity and streamline process of awarding funds.

Reasons Supporting Proposal: Complies with Governor's Executive Order 97-02 Regulatory Improvement.

Name of Agency Personnel Responsible for Drafting and Implementation: James Horan, Olympia, (360) 902-8580.

Name of Proponent: Washington State Parks and Recreation Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Describes process for state parks to grant funds for recreational boating safety education, enforcement, and education programs. Places approval of grant authority with the director or designee. Will streamline program to be more effective in granting funds.

Proposal Changes the Following Existing Rules: Delegates authority to director to approve grants.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposed rule will reduce costs for potential grantees by streamlining the process of awarding grants. The proposed rule does not impose compliance costs on small businesses.

RCW 34.05.328 does not apply to this rule adoption. Per RCW 34.05.328 (5)(b)(iii) and (iv). Significant legislative rule-making requirements are not imposed on the commission's administration rules.

Hearing Location: Lacey Community Center, 6729 Pacific Avenue S.E., Lacey, WA 98509, on November 6, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Gus Gustafson by October 27, TDD (360) 753-2036, or (360) 753-7143.

Submit Written Comments to: James Horan, Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, WA 98504-2650, fax (360) 753-1594, by October 16, 1998.

Date of Intended Adoption: November 6, 1998.

September 23, 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.]

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