1. MARCH 9, 2006 Boating Safety and Enforcement Grant Program Regulations Stakeholder Workshop Proposed Conceptual Regulations Department of Boating and Waterways

2. Table of Contents Background1 Equipment Grants5 Reporting Requirements9 Training Grants10 Training Grants-Attendees 11 Training Grants-Training Agencies12 Estimated Timeline13 SectionPage

3. Background  The State Budget Act annually appropriates Federal funds to the Department of Boating and Waterways for grants to local governments for boating safety and law enforcement  Budget Act Item 3680-101-0890  These grants are different than funds appropriated for the Boating Safety and Enforcement Financial Aid Program  Used by local agencies for on-going personnel and operations and maintenance costs of boat patrols 1

4. Background  85 percent of the funds are allocated to local governments for grants based on criteria outlined in the Budget Act  First 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 needs  Third 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 needs  The remaining 15 percent of funds are allocated to local governments for grants based on the Department’s discretion 2 (Continued)

5. Background  Historically, 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 Program  Historically, the Department has opted to use 15 percent of grant funds for boating safety and enforcement training  Only source of funding for statewide boating safety and enforcement training 3 (Continued)

6. Background  The Department is in the process of developing regulations  The 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 regulations  Allows for greater stakeholder input prior to publishing regulations 4 (Continued)

7. Equipment Grants  Grants are available to local governments for patrol boats and other equipment  Government agencies are required to submit a letter of intent by April 30 th prior to the fiscal year  Department provides grant application to agency upon receipt of letter  Government agencies are required to submit an application to apply for grant funding  Boating safety and enforcement income and expenditures  Description of need for grant funds ( equipment to be procured and estimated costs )  Description of recreational boating activities on waterways  Description of equipment being replaced  Department prioritizes each application based on the criteria in the Budget Act and awards grants based on available funding 5

8. Equipment Grants  Department enters into contract with each grantee  Grant amount  Purchase completion date ( funds are only available through the end of the Federal fiscal year (September 30 th ) so agencies have 15 months to use the funds )  Term of the contract  Required resolution from local government board  Department maintains legal ownership of equipment and grantee is registered owner  Grantee may not assign or transfer equipment without approval by Department  Grantee is reimbursed for approved expenditures after such expenditures have been incurred  Grantee 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 procedures 6 (Continued)

9. Equipment Grants  Grantee 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 Clauses  Grantee is responsible for operations and maintenance of equipment  Grantee required to maintain equipment maintenance records  Patrol boats may only be operated by qualified boating safety and enforcement officers  The Department strongly suggests wearing a Personal Flotation Device while operating patrol boats purchased through grant program 7 (Continued)

10. Equipment Grants  Grantees are subject to audit by the State  Grantees are required to maintain records for three years after final payment by the Department  Grantees are required to use Invitation to Bid procurement procedures for Patrol Boats  Must award contract based on the lowest bid in accordance with Department of General Services procurement requirements unless grantee provides justification  Grantees 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 more 8 (Continued)

11. Reporting Requirements  Grantees required to report accidents within 30 days of occurrence in accordance with Section 656 of the Harbors and Navigation Code  Grantees required to report damage to equipment within 30 days  The Department conducts inspections of equipment purchased with grant funds  The Department has developed a database to track equipment 9

12. 10 Training Grants  Funds are available for training attendees and for agencies conducting the training  Funds 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 hasn’t been exhausted  Reimbursement is only available for:  Attendees who do not meet the P.O.S.T. qualifications for reimbursement under the P.O.S.T. program  Attendees whose duty assignments are directly related to boating safety and enforcement activities

13. Training Grants-Attendees  Per diem reimbursement is limited to P.O.S.T. Plan IV amounts as specified in the Memo of Understanding  In accordance with the State Administrative Manual (SAM)  A completed reimbursement packet must be submitted within 45 days of completing the training  Reimbursement cover letter indicates agency requesting reimbursement, the amount of requested reimbursement, and the name, location and date of the training session  Travel expense claim with required receipts for lodging, auto rental, airfare, parking, and tolls  Receipts are not required for per diem expenses 11

14. Training Grants-Training Agencies  Agencies must submit cost analysis of proposed training program and obtain Department approval  Line item detail of estimated costs  Agencies then must enter into contract with Department prior to conducting the training class  Failure to do so will result in no reimbursement from the Department  Agencies conducting a Department approved, P.O.S.T. certified training class must submit reimbursement packet to Department upon completion of the training  Includes all invoices and receipts 12

15. Estimated Timeline MarchAprilMayJuneJulyAugSeptOctNovDecJan 20062007 Task 1.Develop Overview of Draft Regulatory Package 2.Conduct Stakeholder Meeting 3.Finalize Regulatory Package 4.Review by OAL of Public Notice 5.Prepare and Publish the Public Notice; Mail Package 6.Obtain Public Comments; Hold Public Hearing, if necessary 7.Review and Respond to Public Comments 8.Revise Regulatory Package; Obtain DBW Review of Revised Package 9.Obtain Public Comment on Revised Regulatory Package 10.Prepare Final Regulatory Package for Submittal to OAL 11.File Regulations with OAL 12.Obtain OAL Review and Approval of Package; File with Secretary of State 13.Maintain Post-Filing Waiting Period 14.Achieve Effective Date Key Milestones 13