PERMANENT RULES
FUNDING BOARD
Date of Adoption: February 8, 2002.
Purpose: Under RCW 77.85.140, to further define the meaning of "approved for funding" and "project completion" and thereby create a clear expectation among project sponsors regarding when to expect reimbursement.
Citation of Existing Rules Affected by this Order: Amending WAC 420-12-060 Disbursement of funds.
Statutory Authority for Adoption: RCW 77.85.120 [(1)](b).
Adopted under notice filed as WSR 01-24-059 on November 30, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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 1,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
February 12, 2002
Greg Lovelady
Rules Coordinator
OTS-5018.2
AMENDATORY SECTION(Amending WSR 01-04-052, filed 2/2/01,
effective 3/5/01)
WAC 420-12-060
Disbursement of funds.
Except as otherwise
provided in this rule, the director will authorize disbursement
of project funds only on a reimbursable basis, after the project
sponsor has spent its own funds and has presented a billing
showing satisfactory evidence of property rights acquired and/or
compliance with partial or all provisions of the project
agreement.
(1) Reimbursement method. Reimbursement shall be requested on voucher forms authorized by the director. Requests must include all documentation as detailed in the manual in effect at the time reimbursement is requested.
(2) Reimbursement level. The amount of reimbursement may never exceed the cash spent on the project by the sponsor.
(3) Partial payment. Partial reimbursements may be made during the course of a project on presentation of billings showing satisfactory evidence of partial acquisition or development by the project sponsor. The director may require written assurance that full project completion is scheduled by a specific date. In the event of appropriation reductions or terminations, the project agreement shall allow the board to suspend or terminate future obligations and payments.
(4) Direct payment. Direct payment to escrow of the board's share of the approved cost of real property may be made following board approval of an acquisition project when the project sponsor indicates a temporary lack of funds to purchase the property. Prior to release of the board's share of escrow funds, the project sponsor must provide the director with a copy of a binding sale agreement between the project sponsor and the seller and evidence of deposit of the project sponsor's share (if any) into an escrow account.
(5) Advance payments may be made in limited circumstances only, pursuant to the policy outlined in the adopted reimbursement manual.
(6) Payment deadline. As required by RCW 77.85.140, sponsors who complete salmon habitat projects approved for funding from habitat project lists will be paid by the board within thirty days of project completion. This means the board will issue a reimbursement within thirty days of the sponsor's completion of the billing requirements described in the board's reimbursement policy manual.
[Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. 01-04-052, § 420-12-060, filed 2/2/01, effective 3/5/01.]