The definitions in WAC
420-04-010 apply to this section.
(1) The board shall not reimburse expenses for activities undertaken, work performed or funds expended before the date on which the agreement was signed. This policy is referred to as the board's prohibition on retroactivity. The only exceptions are as outlined in the adopted reimbursement manual, for certain preliminary expenses.
(2) If such exceptions do not apply, a waiver may be issued to avoid the prohibition on retroactivity only under the following circumstances, for retroactive land acquisition cost reimbursements:
The director may grant a waiver of retroactivity when an applicant documents, in writing, that a condition exists which may jeopardize the project. When evidence warrants, the director may grant the applicant permission to proceed prior to the signing of an agreement by issuing the written waiver. This waiver of retroactivity shall not be construed as an approval of the proposed project. If the project is subsequently approved for board funding, the expenditures described in the waiver incurred shall be eligible for assistance if they otherwise satisfy the reimbursement requirements under WAC
420-12-060.
(3) Cost increases. The board shall reimburse only for allowable expenses under WAC
420-12-070. If costs increase after the agreement is signed, a project sponsor is solely responsible, unless the adopted manual for the relevant grant cycle specifically establishes a cost-increase method for that cycle.
[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, § 420-12-070, filed 2/2/01, effective 3/5/01.]