The purpose and effect of this new rule is to implement Section 311.101, F.S., to provide eligibility criteria and a process for requesting funding under the Intermodal Logistics Center Infrastructure Support Program.

 

DEPARTMENT OF TRANSPORTATION

RULE NO.: RULE TITLE:
14-118.001: Purpose
14-118.002: Definitions
14-118.003: Project Eligibility and Funding
14-118.004: Application and Award Procedures
PURPOSE AND EFFECT: The purpose and effect of this new rule is to implement Section 311.101, F.S., to provide eligibility criteria and a process for requesting funding under the Intermodal Logistics Center Infrastructure Support Program.
SUMMARY: The rule provides the eligibility requirements, application process, and decision making process, for funding under the Intermodal Logistics Center Infrastructure Support Program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule provides funding support for transportation facilities to be built for the efficient movement of goods. Applicants are required, by the implementing statute, to provide a funding match but there are no application fees or other regulatory costs imposed by the rule.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 311.101 FS.
LAW IMPLEMENTED: 311.101 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, February 21, 2013, 2:00 p.m.
PLACE: Department of Transportation District 4 Headquarters Auditorium, 3400 West Commercial Boulevard, Ft. Lauderdale, Florida 33309
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Meredith Dahlrose, Department of Transportation, 605 Suwannee Street, Tallahassee, Fl 32399, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, 605 Suwannee Street MS 58, Tallahassee Fl 32399-0458, 850-414-5392, [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

14-118.001 Purpose

This rule chapter sets forth the procedures for the Intermodal Logistics Center Infrastructure Support Program assistance. The purpose of the Program is to provide funds for roads, rail facilities, or other means for the conveyance or shipment of goods through a seaport to or from an intermodal logistics center.

Rulemaking Authority 311.101 FS. Law Implemented 311.101 FS. History–New         .

 

14-118.002 Definitions.

(1) “Applicant” means a public or private entity with the authority to approve the development of, or construct, an Intermodal Logistics Center.

(2) “Department” means the Florida Department of Transportation.

(3) “Project” means a transportation facility as defined in Section 334.03, F.S., for the conveyance or shipment of goods, to or from an ILC, through one or more eligible seaports.

(4) “Intermodal Logistics Center” (ILC) means as defined in Section 311.101, F.S.

(5) “Program” means the Intermodal Logistics Center Infrastructure Support Program, as described in Section 311.101, F.S.

Rulemaking Authority 311.101, FS. Law Implemented 311.101, FS. History–New          .

 

14-118.003 Project Eligibility.

To be considered eligible for funding under the Intermodal Logistics Center Infrastructure Support Program, a Project must meet the criteria established in Section 311.101(3), F.S., and the following:

(1) Seaport – The Project must serve one or more seaports listed as a member of the Florida Seaport Transportation and Economic Development Council in Section 311.09, F.S.. The Project must provide a cost effective and efficient method for the conveyance of shipment of goods through a listed seaport to or from an intermodal logistics center.

(2) Economic Activity – The Project must contribute to increased economic activity, including job creation, increased wages, and revenue. A Project will not be considered eligible if business at the ILC is relocating from one Florida community to another, unless the Applicant demonstrates to the Department and the Department of Economic Opportunity (DEO) that without relocation the business will move outside the state, or that the business has a compelling economic reason to move and the relocation will create additional jobs.

(3) Funding match – The Project must have a commitment for private or local funding for a minimum of 50 percent of total project costs. Department funding will be for design and construction phases of the Project. Funds spent on planning, preliminary engineering, and environmental permitting may be considered as part of the required local match to be contributed by the Applicant or associated local partners to the total project cost.

(4) Local government and private support – The Applicant must demonstrate commitments from private sector businesses planning to locate operations at the ILC and the financial commitment of the ILC owner in support of the existing or proposed facility. The ILC must have met all permitting criteria from the local government. Projects must be consistent, to the maximum extent feasible, with local Metropolitan Planning Organization plans and local government comprehensive plans.

(5) Interactivity with existing transportation network. The Project must provide a mechanism for the efficient transfer of goods, including connection to the state transportation system, and/or rail systems, to facilitate movement of goods locally, regionally, and nationally.

Rulemaking Authority 311.101, FS. Law Implemented 311.101, FS. History–New          .

 

14-118.004 Application and Award Procedures

(1) Applications for funding must be submitted on the Intermodal Logistics Center Infrastructure Support Program Application, Department Form 725-085-01, Rev. 12/12, incorporated herein by reference, and available as an electronic application on the Department’s website at www.dot.state.fl.us/seaport. Upon receipt of a completed Application, the Department will consider the Project’s eligibility for funding. There are no deadlines for submitting Applications. The Department will consider an Application as long as there are funds available within a given fiscal year. Funding is subject to legislative appropriations. Any unused funds will be requested to carryover to the subsequent fiscal year.

(2) Applications shall include all information requested on the Intermodal Logistics Center Infrastructure Support Program Application, and must include documentation demonstrating the following:

(a) The ILC’s financial stability, contribution to the achievement of state economic goals and policies, and the extent to which the ILC will contribute to increased state economic activity, including job creation, increased wages, and revenues. Applicants must submit:

1. A business plan for the ILC and a finance plan that fully funds the ILC, or the phase of the ILC under construction, including all contingencies, and identifies the funding sources, including the investments made, or to be made, by the owner or developer of the ILC.

2. Documentation of commitments from private sector businesses currently operating at the ILC, or that have executed a contract to locate operations at the ILC.

3. Documentation of current memorandums of understandings with one or more seaport(s) listed in Section 311.09(1), F.S., to convey or ship goods to and from the ILC through the seaport, including an estimate of the amount of cargo expected to be handled at the ILC and conveyed from each appropriate seaport.

4. A Return on Investment estimate report for the ILC and the Project, as applicable, demonstrating what will be contributed to regional and/or statewide economic activity. Estimates for the ILC must be current (within 6 months of the Application) and certified by a nationally recognized consulting firm (i.e. traffic and revenue consultant or Certified Public Accountant).

(b) The positive contribution of the Project to the state transportation system, and the ability of the Project to improve the cost effective and efficient movement of goods to and from one or more seaports. If the Application is submitted by a private entity, the Applicant must clearly explain the public benefit from the Project, such as how the Project provides a benefit to the associated seaport(s) and to the State, and how the regional and/or statewide transportation of goods is improved with the development of ILC and the Project. The Applicant must provide:

1. Project cost estimates, current (within six months of the Application) and certified by the Department’s project cost estimating system, or a nationally recognized firm of consulting engineers. Contingency amounts, representing a minimum of 10% of total costs, must be included to help ensure that the Project can be fully funded and completed.

2. Documentation of a 50 percent or more funding match for the Project, including what entity is providing the match and how the match will be provided (i.e. cash, donation of land).

3. Documentation from the appropriate local government(s) supporting the ILC and the Project, and affirming the ILC and the Project’s conformance with all appropriate local land use regulations and requirements.

4. Documentation demonstrating the Project’s consistency with local Metropolitan Planning Organization plans and local government comprehensive plans.

(3) When an Application is submitted to the Department, the Application will be reviewed for initial eligibility and completeness. If the Department finds the Application is not complete or the Project does not meet the Program’s eligibility requirements, the Applicant will be advised of any deficiencies.

(4) If the Department finds the Application to be complete and the Project appears eligible for funding, it will be forwarded to the DEO for review. The DEO will provide comments to the Department on how the Project meets state economic goals and fits in to the overall goals of supporting the state’s ability to promote growth in global trade and logistics. Department modal, financial, and district staff will be asked to review and provide comments for Applications within their area to the Seaport and Waterways Office Manager. After reviewing all comments and the Application, the Seaport and Waterways Office Manager will provide recommendations to the Secretary for consideration and final approval.

(5) The Department Secretary will determine which Projects will receive funding support in accordance with the provisions of this rule chapter. All funding is contingent upon legislative appropriations. Funding in a single fiscal year may be distributed among several projects. No single project will receive in excess of 50% of available Program funds in a single fiscal year, unless extraordinary need for increased funding is demonstrated by the Applicant. The Department will respond to Applicants with a final decision on funding after the review of Applications is completed, and the Secretary has made project selections. After funding decisions are made, the Department will include the funded project in the work program in accordance with Section 339.135, F.S., as expeditiously as possible.

(6) The Department is responsible for constructing any Project consisting of improvements to state or federal highways. However, in cases where the Applicant will be constructing the Project, an appropriate local agreement, such as a Local Area Program Agreement or a Joint Participation Agreement will be executed by the Department and the Applicant prior to release of any funding. Failure to enter into a local agreement will result in the award being withdrawn.

Rulemaking Authority 311.101 F.S. Law Implemented 311.101 FS. History–New          .

NAME OF PERSON ORIGINATING PROPOSED RULE: Meredith Dahlrose, State Seaport Manager
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ananth Prasad, P.E., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 29, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 10, 2012