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Fiscal Note — 1781 HB, Boater Safety and Education (State Parks and Recreation Commission)

Summary

Individual State Agency Fiscal Note for bill number 1781 HB, titled Boater safety and education, from agency 465, the State Parks and Recreation Commission. Part I lists estimated cash receipts to the Boating Safety Education Certification Account-Non-Appropriated of 9,040,000 for 2023-25, and operating expenditures from that account of 7,541,000 for 2023-25. The narrative states that Section 3 would direct the commission to administer boater safety education in the form of a paddle education card. A Ten-Year Analysis follows.

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“Fiscal Note — 1781 HB, Boater Safety and Education (State Parks and Recreation Commission).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-15-a30790-d253730-1781-fn-7de7dcb860/, SHA-256 91bd90c03830d2c658f01251f6130b4bfec1329c954acf001e84f5c8f7cc7ac1.

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                            Individual State Agency Fiscal Note

Bill Number:      1781 HB                Title:     Boater safety and education                               Agency: 465-State Parks and
                                                                                                                      Recreation Commission

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:
 ACCOUNT                                                    FY 2024             FY 2025             2023-25              2025-27             2027-29
 Boating Safety Education Certification                          4,520,000           4,520,000           9,040,000            7,919,930         4,317,670
 Account-Non-Appropriated           09B-6
                                      Total $                    4,520,000           4,520,000           9,040,000            7,919,930         4,317,670


Estimated Operating Expenditures from:
                                                       FY 2024               FY 2025              2023-25              2025-27               2027-29
 FTE Staff Years                                                  7.8                   7.8              7.8                      7.8               7.8
 Account
 Boating Safety Education Certification                    4,928,000             2,613,000           7,541,000             4,342,391            3,459,346
 Account-Non-Appropriated
     09B-6
                                  Total $                  4,928,000             2,613,000           7,541,000             4,342,391            3,459,346


Estimated Capital Budget Impact:

    NONE




   The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
   and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
      If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
  X
      form Parts I-V.
      If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

      Capital budget impact, complete Part IV.

  X   Requires new rule making, complete Part V.


   Legislative Contact:     Emily Poole                                                       Phone: 360-786-7106            Date: 02/09/2023
   Agency Preparation:      Rob Sendak                                                        Phone: (360) 902-8836          Date: 02/09/2023
   Agency Approval:         Frank Gillis                                                      Phone: (360) 902-8538          Date: 02/09/2023
  OFM Review:               Matthew Hunter                                                    Phone: (360) 529-7078          Date: 02/09/2023

Form FN (Rev 1/00) 182,701.00                                                                                                              Request # -1
FNS063 Individual State Agency Fiscal Note                              1                                                                 Bill # 1781 HB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

 NEW SECTION. Sec. 3. (1). This bill would direct the commission to administer boater safety education in the form of a
 paddle education card and require individuals to obtain a paddle education card before operating a human powered vessel
 and to begin implementation by 1/1/2024.

 NEW SECTION. Sec. 3. (2). (a). This bill requires the commission to produce a human powered vessel safety checklist
 and for that checklist to be reviewed by anyone renting human powered vessels for short-term use.

 NEW SECTION. Sec. 3. (2). (b). This bill directs the commission to adopt minimum curriculum standards for paddle
 education, and to approve and provide accreditation to human powered vessel education courses operated by volunteers,
 non-profits and commercial entities.

 NEW SECTION. Sec. 3. (2). (c). This bill directs the commission to approve and provide accreditation to human powered
 vessel safety courses for human powered vessels operated by volunteers or commercial or non-profit organizations.

 NEW SECTION. Sec. 3. (2). (d). This bill directs the commission to develop and equivalency exam that may be taken as
 an alternative as the human powered vessel safety education course.

 NEW SECTION. Sec. 3. (2). (e). This bill directs the commission to establish a fee of the paddle education card to fund all
 commission activities related to the human powered vessel safety education program.

 NEW SECTION. Sec. 3. (2). (e). This bill directs the commission to develop an electronic option for a paddle education
 card that can be stored digitally in addition to a physical card.

 NEW SECTION. Sec. 3. (2). (f). This bill directs the commission to establish a fee for the replacement of the paddle
 education card that covers costs.

 NEW SECTION. Sec. 3. (2). (g). This bill directs the commission to consider and evaluate public agency and commercial
 opportunities to assist in program administration with the intent to keep the costs to a minimum.

 NEW SECTION. Sec. 3. (2). (h). This bill directs the commission to approve and provide accreditation to human powered
 vessel safety courses offered online.

 NEW SECTION. Sec. 3. (2). (i). This bill directs the commission to coordinate with the Department of Licensing to offer a
 voluntary registration program for human powered vessels.

 Sec. 4. (3). A boater education card expires and is no longer valid 20 years after the date of issuance.

 Sec. 5. (1). The exemption for persons operating a vessel with a mechanical power of 15 horsepower or greater is being
 removed. Which means now all vessel operators, regardless of motor size, will now need to obtain a boater education card
 before operating a motor vessel.

 Sec. 5. (1). (b). (i). No person shall operate or permit the operation of human powered vessels unless the person has in their
 possession a paddle education card.

 Sec. 5. (1). (b). (ii). No person shall operate a human powered vessel if they are under 12 years old unless accompanied by
 a person 16 years or older who has obtained a paddle or boater education card.
Boater safety and education                                                                          465-State Parks and Recreation Commission
Form FN (Rev 1/00) 182,701.00                                                                                                      Request # -1
FNS063 Individual State Agency Fiscal Note                            2                                                          Bill # 1781 HB
 Sec. 5. (2). (i). People born before January 1, 1955, will now be required to obtain a boater education card to operate a
 motor vessel of any size horsepower.

 Sec. 5. (2). (b). This bill directs the commission to adopt a digital option for boater education cards and paddle education
 cards.

 Sec. 5. (5). The boating program would need to design a human powered vessel safety operating and equipment checklist
 for rental agents of human powered vessels to deliver and review with folks who rent from them.

 This legislation would have substantial revenue and expenditure impacts to the State Parks Boating Program.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

 There is a $10 administration fee for both the Boater Education Card (BEC) and the Paddle education Card (PEC). All
 revenue assumptions stem from this one price point for customers. We believe there would be 2,716,380 cards issued in the
 next 10 years and we project cash receipts of $27,163,800.

 Assuming four new revenue streams if this bill is enacted.
 1.) New Paddle Education Cards. NEW SECTION. Sec. 3. (1).
 2.) New Boater Education Cards for people born before 1955. Sec. 5. (2). (i).
 3.) New Boater Education Cards for motor operators of vessel with less than 15hp motors. Sec. 5. (1).
 4.) Renewal of Boater and Paddle Education Cards every 20 years. Sec. 4. (3).

 Revenue Assumptions: 10-year analysis
 • 1/1/24 implementation date with years 2024-2033 analyzed.
 • $10/card throughout 10-year period of analysis.
 • 184,000 new Boater Education Cards (first time holders)
 • 128,380 renewed Boater Education Cards (75% renewal rate)
 • 2,170,000 paddle education cards issued. (Per RCO SCORP data: 52% of Washingtonians participate in paddle sports
 with 50% compliance rate).
 • 202,000 new boater education cards from individuals with under 15HP vessels. (Using USCG data that 2/3 of all
 accidents are from vessels less than 16’).
 • 32,000 new boater education cards from people born prior to 1955. (Per OFM age projection data and RCO SCORP
 data: 1/3 of Washingtonians participate in recreational motorboating with 50% compliance rate).
 • Assume any remaining funds from the BEC and the PEC will be spent for MLE agency mission partnership.
II. C - Expenditures
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.


 If enacted as written, SB 5597 would create a large administrative lift by the boating program. Over the next 10 years, we
 believe there would be over 2,700,000 new boater and paddle education cards issued by a program that has currently issued
 over 450,000 cards in the last 17 years. There is no phase-in language in this bill as there was with the original boater
 education card, which means, there would be some heavy up front (one-time) costs associated with getting this program up
 and running. For instance, our data storage capacity would need to be increased by 10-fold to prepare for the upcoming
 volume of card holders. Our current system is not built for this capacity. There is also direction for a technology component
 where a digital card is now an option for both the PEC and the BEC. Both IT focused services will need to be procured
 under contract with a state security design review. It will be expensive, and it will take time. And there will be on-going

Boater safety and education                                                                                465-State Parks and Recreation Commission
Form FN (Rev 1/00) 182,701.00                                                                                                            Request # -1
FNS063 Individual State Agency Fiscal Note                                3                                                            Bill # 1781 HB
 operation and maintenance of the database and digital card platform which we will also need to procure through the state.
 We assume 2 additional full time IT staff added to our team to procure, manage, and maintain these technology items.

 If enacted as written, we will need to do outreach and deliver education to the greater recreational boating and paddling
 public on the new laws. This would include one-time costs associated with web design, paid social, billboards, events,
 campaigns, and other outreach mediums to educate boaters and paddlers and to connect them to the appropriate resources
 for compliance with the new laws. We project 1 additional full-time Communications Consultant to deliver communication
 and outreach services. There will also be on-going costs for operational services associated with promotional outreach and
 education.

 If enacted as written, our team would need to adopt national education standards for the paddle education curriculum, and
 we would need to design a new paper exam and study guide for the Paddle Education Card certification. There will be
 ongoing costs associated with the printing and supply of education materials for the mandatory PEC. Our team would also
 need to update the paper exam and study guide for the BEC. There will be ongoing costs associated with the printing and
 supply of education materials for the mandatory BEC. There would be one-time costs associated with the creation of the
 human powered watercraft operating and safety checklist that rental agents would need to use to educate customers who
 would be renting from them. We would need to add 1 full-time Program Specialist to assist with workload management.

 If enacted as written, we would need to add 2 full time Customer Service Specialists to manage the PEC and BEC
 application process and to respond to all customer correspondence. In 2022, our team of 1 customer service specialist
 processed 21,518 BEC’s, responded to 4,457 emails and took 3,318 phone calls. We assume 452,000 new BEC’s and
 PEC’s in year one of implementation.

 The Boating Program is responsible for Marine Law Enforcement training, so officers are well equipped to educate the
 public, enforce recreational boating and paddling laws, investigate accidents and assist boaters and paddlers in distress. If
 enacted as written, we would need to train our marine law enforcement instructors on the new laws and on the skills and
 techniques for best safety practices when operating human powered watercraft. Our team would need to create new
 instruction courses for officers of our approved law enforcement agencies. Human powered watercraft operation, safety
 and enforcement are not techniques and skills currently taught. These would all be ongoing annual expenses. There would
 be one-time costs associated with creating and revising education modules and materials in our Basic Marine Law
 Enforcement Academy. We assume on adding 1 full-time Program Coordinator to support workflow in our MLE
 programming.

 One-time Expenditures:
 • IT: Digital Boater & Paddle Education Cards, Data Systems Build, Online records Management. $2.5m
 • Rule Making Administrative Costs: $50,000
 • RCW’s, WAC’s, Law Tables, Public Input (25% Boating Program Manager and 25% PS5’s)

 FTE Additions
 • 2 IT - 1 Data Management and 1 App Development
 • 1 Communications Consultant 3
 • 1 Program Specialist 3 in education
 • 2 Customer Service Specialist 3
 • 1 Program Coordinator for MLE operational support
 • .75 administrative support for building internal capacity to create systems, functions, and processes to deliver efficient
 public service. Obtaining public input on the process, coordinating with partner agencies, building external support for new
 laws: 25% Boating Programs Manager - WMS, 25% Education Coordinator – PS5, 25% MLE Coordinator - PS5
 • 7.75 FTE on-going annual expense of $646,518/year beginning in 2024.

 On-Going Expenditures
 • IT maintenance & Operation: 10% of total one-time cost per year = $250,000. Over 10 years = $2.5m

Boater safety and education                                                          465-State Parks and Recreation Commission
Form FN (Rev 1/00) 182,701.00                                                                                      Request # -1
FNS063 Individual State Agency Fiscal Note                 4                                                     Bill # 1781 HB
 • Outreach: web, videos, paid social, billboards, promote new laws, one sheets
 • Education Materials: print graphics, exams, home study course books, mailings
 • Marine Law Enforcement: Paddle Education Enforcement, on-water training, BMLE module creation, Instructor
 training, Priority for 49 approved MLE Agencies to partner with program to educate and enforce recreational boating and
 paddling laws.

 Total 10-year projected expenses: $21,126,667
 Total 10-year projected revenue: $27,163,800
 Total remaining that may be distributed to approved marine units per statue over 10 years: $6,037,133

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title             Type              FY 2024                   FY 2025                  2023-25                 2025-27                2027-29
 09B-6      Boating Safety        Non-Appr             4,928,000                 2,613,000               7,541,000               4,342,391              3,459,346
            Education             opriated
            Certification Account
                                   Total $               4,928,000                  2,613,000             7,541,000                 4,342,391              3,459,346

III. B - Expenditures by Object Or Purpose
                                                 FY 2024                  FY 2025               2023-25                   2025-27               2027-29
  FTE Staff Years                                             7.8                    7.8                    7.8                     7.8                    7.8
  A-Salaries and Wages                                  478,902                 478,902                957,804                957,804               957,804
  B-Employee Benefits                                   167,616                 167,616                335,232                335,232               335,232
  C-Professional Service Contracts
  E-Goods and Other Services                         4,261,482                1,956,482               6,217,964              3,039,355             2,156,310
  G-Travel                                              20,000                   10,000                  30,000                 10,000                10,000
  J-Capital Outlays
  M-Inter Agency/Fund Transfers
  N-Grants, Benefits & Client Services
  P-Debt Service
  S-Interagency Reimbursements
  T-Intra-Agency Reimbursements
  9-
                                Total $              4,928,000                2,613,000               7,541,000              4,342,391             3,459,346

 III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
         Part I and Part IIIA

  Job Classification                           Salary               FY 2024           FY 2025             2023-25            2025-27             2027-29
  Boating Program Manager - WMS                     104,592                   0.3               0.3                 0.3                   0.3              0.3
  Band 3
  Communications Consultant 3                        58,704                   1.0               1.0                 1.0                   1.0              1.0
  Customer Service Specialist 3                      43,800                   2.0               2.0                 2.0                   2.0              2.0
  IT App Development - Journey                       88,428                   1.0               1.0                 1.0                   1.0              1.0
  IT Data Management - Entry                         71,184                   1.0               1.0                 1.0                   1.0              1.0
  Program Coordinator                                42,696                   1.0               1.0                 1.0                   1.0              1.0
  Program Specialist 3                               61,632                   1.0               1.0                 1.0                   1.0              1.0
  Program Specialist 5                               85,020                   0.5               0.5                 0.5                   0.5              0.5
                        Total FTEs                                            7.8               7.8                 7.8                   7.8              7.8



III. D - Expenditures By Program (optional)
NONE




Boater safety and education                                                                                 465-State Parks and Recreation Commission
Form FN (Rev 1/00) 182,701.00                                                                                                             Request # -1
FNS063 Individual State Agency Fiscal Note                            5                                                                 Bill # 1781 HB
 Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
      NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

IV. C - Capital Budget Breakout
 Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
        NONE

 IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.


      NONE
None.

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

This legislation would require State Parks to revise or create several RCWs, WACs, and law tables.




Boater safety and education                                                                               465-State Parks and Recreation Commission
Form FN (Rev 1/00) 182,701.00                                                                                                           Request # -1
FNS063 Individual State Agency Fiscal Note                               6                                                            Bill # 1781 HB
                                                                            Ten-Year Analysis
 Bill Number                               Title                                                                             Agency
 1781 HB                                   Boater safety and education                                                       465 State Parks and Recreation Commission

This ten-year analysis is limited to agency estimated cash receipts associated with the proposed tax or fee increases. The Office of Financial Management
ten-year projection can be found at http://www.ofm.wa.gov/tax/default.asp .

Estimates
      No Cash Receipts                                      Partially Indeterminate Cash Receipts                                          Indeterminate Cash Receipts

Estimated Cash Receipts

 Name of Tax or Fee                        Acct Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year          2024-33
                                           Code    2024        2025        2026        2027        2028        2029        2030        2031        2032        2033              TOTAL
 Boater Education Card Fee                  09B    4,520,000   4,520,000   4,755,430   3,164,500   2,826,810   1,490,860   1,460,140   1,525,780   1,377,040   1,523,240          27,163,800

                                   Total            4,520,000   4,520,000    4,755,430   3,164,500   2,826,810   1,490,860     1,460,140     1,525,780   1,377,040   1,523,240    27,163,800

                       Biennial Totals                  9,040,000                 7,919,930              4,317,670                  2,985,920                2,900,280           27,163,800


Narrative Explanation (Required for Indeterminate Cash Receipts)
 There is a $10 administration fee for both the Boater Education Card (BEC) and the Paddle education Card (PEC). All revenue assumptions stem from this one price point for
 customers. We believe there would be 2,716,380 cards issued in the next 10 years and we project cash receipts of $27,163,800.

 Assuming four new revenue streams if this bill is enacted.
 1.) New Paddle Education Cards. NEW SECTION. Sec. 3. (1).
 2.) New Boater Education Cards for people born before 1955. Sec. 5. (2). (i).
 3.) New Boater Education Cards for motor operators of vessel with less than 15hp motors. Sec. 5. (1).
 4.) Renewal of Boater and Paddle Education Cards every 20 years. Sec. 4. (3).

 Revenue Assumptions: 10-year analysis
 • 1/1/24 implementation date with years 2024-2033 analyzed.
 • $10/card throughout 10-year period of analysis.
 • 184,000 new Boater Education Cards (first time holders)
 • 128,380 renewed Boater Education Cards (75% renewal rate)
 • 2,170,000 paddle education cards issued. (Per RCO SCORP data: 52% of Washingtonians participate in paddle sports with 50% compliance rate).
 • 202,000 new boater education cards from individuals with under 15HP vessels. (Using USCG data that 2/3 of all accidents are from vessels less than 16’).

 FNS066 Ten-Year Analysis                                                                     1
                                                                    Ten-Year Analysis
 Bill Number                             Title                                                                    Agency
 1781 HB                                 Boater safety and education                                              465 State Parks and Recreation Commission

This ten-year analysis is limited to agency estimated cash receipts associated with the proposed tax or fee increases. The Office of Financial Management
ten-year projection can be found at http://www.ofm.wa.gov/tax/default.asp .

Narrative Explanation (Required for Indeterminate Cash Receipts)
 • 32,000 new boater education cards from people born prior to 1955. (Per OFM age projection data and RCO SCORP data: 1/3 of Washingtonians participate in
 recreational motorboating with 50% compliance rate).
 • Assume any remaining funds from the BEC and the PEC will be spent for MLE agency mission partnership.




 Agency Preparation: Rob Sendak                       Phone:    (360) 902-8836            Date: 2/9/2023 2:14:36 pm
   Agency Approval: Frank Gillis                      Phone:    (360) 902-8538            Date: 2/9/2023 2:14:36 pm
       OFM Review:                                    Phone:                              Date:

 FNS066 Ten-Year Analysis                                                             2


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