MARCH 9, 2006Boating Safety and Enforcement Grant Program RegulationsStakeholder WorkshopProposed Conceptual Regulations Department of Boating and Waterways

Table of ContentsBackground1Equipment Grants5Reporting Requirements9Training Grants10Training Grants-Attendees 11Training Grants-Training Agencies12Estimated Timeline13SectionPage

BackgroundThe State Budget Act annually appropriates Federal funds to the Department of Boating and Waterways for grants to local governments for boating safety and law enforcementBudget Act Item 3680-101-0890These grants are different than funds appropriated for the Boating Safety and Enforcement Financial Aid ProgramUsed by local agencies for on-going personnel and operations and maintenance costs of boat patrols1

Background85 percent of the funds are allocated to local governments for grants based on criteria outlined in the Budget ActFirst priority Local governments that are spending all local boat tax revenues on boating safety and enforcement and do not have sufficient funds to meet their calculated boating safety and enforcement needs (i.e., agencies that participate in the Boating Safety and Enforcement Financial Aid Program)Second priority Local governments that are not spending all local boat tax revenues on boating safety and enforcement and whose boating revenues are less than their calculated boating safety and enforcement needsThird priority Local governments whose boat tax revenues exceed their boating safety and enforcement needs and who are not spending sufficient local revenues to meet their boating safety and enforcement needsThe remaining 15 percent of funds are allocated to local governments for grants based on the Departments discretion2(Continued)

BackgroundHistorically, the Department has opted to use 85 percent of grant funds for procurement of boating safety and enforcement equipment Not intended to supplement operations costs of Boating Safety and Enforcement Financial Aid ProgramHistorically, the Department has opted to use 15 percent of grant funds for boating safety and enforcement trainingOnly source of funding for statewide boating safety and enforcement training3(Continued)

BackgroundThe Department is in the process of developing regulationsThe State Administrative Procedures Act (APA) requires that the Department conduct public discussions with parties that would be subject to a proposed regulation, prior to the publication of such regulationsAllows for greater stakeholder input prior to publishing regulations4(Continued)

Equipment GrantsGrants are available to local governments for patrol boats and other equipmentGovernment agencies are required to submit a letter of intent by April 30th prior to the fiscal yearDepartment provides grant application to agency upon receipt of letterGovernment agencies are required to submit an application to apply for grant fundingBoating safety and enforcement income and expendituresDescription of need for grant funds (equipment to be procured and estimated costs)Description of recreational boating activities on waterwaysDescription of equipment being replacedDepartment prioritizes each application based on the criteria in the Budget Act and awards grants based on available funding5

Equipment GrantsDepartment enters into contract with each granteeGrant amountPurchase completion date (funds are only available through the end of the Federal fiscal year (September 30th) so agencies have 15 months to use the funds)Term of the contract Required resolution from local government boardDepartment maintains legal ownership of equipment and grantee is registered ownerGrantee may not assign or transfer equipment without approval by DepartmentGrantee is reimbursed for approved expenditures after such expenditures have been incurredGrantee submits written payment request to the Department that includes invoice(s) or other documents that substantiate the purchase as well as a certification that the grantee complied with contract procurement procedures6(Continued)

Equipment GrantsGrantee is required to follow procurement procedures that comply with the following:Applicable Federal law at 49 U.S.C 322 (a)Standards identified at 49 CFR Part 18 (attached to the contract)Specifications prepared by the grantee and approved by the Department (note the Department provides sample guidelines for patrol boats)State laws and regulations regarding DVBE Participation Requirements, Recycling Certification and Contractor Certification ClausesGrantee is responsible for operations and maintenance of equipmentGrantee required to maintain equipment maintenance recordsPatrol boats may only be operated by qualified boating safety and enforcement officersThe Department strongly suggests wearing a Personal Flotation Device while operating patrol boats purchased through grant program7(Continued)

Equipment GrantsGrantees are subject to audit by the StateGrantees are required to maintain records for three years after final payment by the DepartmentGrantees are required to use Invitation to Bid procurement procedures for Patrol BoatsMust award contract based on the lowest bid in accordance with Department of General Services procurement requirements unless grantee provides justificationGrantees are required to obtain three bids or rate quotations from qualified sources for each equipment item (excluding patrol boats) that has a unit cost of $5,000 or more8(Continued)

Grantees required to report accidents within 30 days of occurrence in accordance with Section 656 of the Harbors and Navigation CodeGrantees required to report damage to equipment within 30 daysThe Department conducts inspections of equipment purchased with grant fundsThe Department has developed a database to track equipmentReporting Requirements9

10Training GrantsFunds are available for training attendees and for agencies conducting the trainingFunds are available for training attendees who do not meet the P.O.S.T. qualifications for reimbursement (attendees must complete Memorandum of Understanding-MOU)Funds are available for agencies conducting Department approved, P.O.S.T. certified training (agencies must enter into contract with Department)Reimbursement for attendees is available as long as the total annual funding hasnt been exhaustedReimbursement is only available for:Attendees who do not meet the P.O.S.T. qualifications for reimbursement under the P.O.S.T. programAttendees whose duty assignments are directly related to boating safety and enforcement activities

Training Grants-AttendeesPer diem reimbursement is limited to P.O.S.T. Plan IV amounts as specified in the Memo of UnderstandingIn accordance with the State Administrative Manual (SAM)A completed reimbursement packet must be submitted within 45 days of completing the trainingReimbursement cover letter indicates agency requesting reimbursement, the amount of requested reimbursement, and the name, location and date of the training sessionTravel expense claim with required receipts for lodging, auto rental, airfare, parking, and tollsReceipts are not required for per diem expenses11

Training Grants-Training AgenciesAgencies must submit cost analysis of proposed training program and obtain Department approvalLine item detail of estimated costsAgencies then must enter into contract with Department prior to conducting the training classFailure to do so will result in no reimbursement from the DepartmentAgencies conducting a Department approved, P.O.S.T. certified training class must submit reimbursement packet to Department upon completion of the trainingIncludes all invoices and receipts12

Estimated Timeline MarchAprilMayJuneJulyAugSeptOctNovDecJan20062007Task1.Develop Overview of Draft Regulatory Package2.Conduct Stakeholder Meeting3.Finalize Regulatory Package4.Review by OAL of Public Notice5.Prepare and Publish the Public Notice; Mail Package6.Obtain Public Comments; Hold Public Hearing, if necessary7.Review and Respond to Public Comments8.Revise Regulatory Package; Obtain DBW Review of Revised Package9.Obtain Public Comment on Revised Regulatory Package10.Prepare Final Regulatory Package for Submittal to OAL11.File Regulations with OAL12.Obtain OAL Review and Approval of Package; File with Secretary of State13.Maintain Post-Filing Waiting Period14.Achieve Effective DateKey Milestones13