Amendments to Chapter 62-503, F.A.C., are proposed to clarify administrative procedures and to restructure the priority list process and the methodology for calculating the financing rate. Changes will be made to the priority system to promote ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-503.200: Definitions
62-503.300: General Program Information
62-503.430: Loan Agreements
62-503.500: Funds Reserved for Specific Purposes
62-503.600: Priority List Information
62-503.700: Planning, Design, Construction, and Procurement Requirements
62-503.751: Environmental Review
62-503.800: Audits Required
62-503.850: Exceptions to Program Requirements

PURPOSE AND EFFECT: Amendments to Chapter 62-503, F.A.C., are proposed to clarify administrative procedures and to restructure the priority list process and the methodology for calculating the financing rate. Changes will be made to the priority system to promote Department objectives and to limit funding to projects that will provide the most environmental benefit for years in which funding is limited. The financing rate formula will cap the financing rate subsidy at four percent, but will also incentivize green projects and the implementation of asset management plans. Additionally, a reduction in the financing rate will be provided for loans that are required to incorporate the Davis-Bacon wage rates. Further, new types of loans are also being added to adapt the program to actual planning, design, and construction processes.

SUBJECT AREA TO BE ADDRESSED: Rule 62-503.200, F.A.C., is being amended to incorporate new definitions and revisions to existing definitions. New definitions for “Inflow/Infiltration project,” “planning loan,” “design loan,” and “construction loan” are proposed to provide clarification on the requirements of each type of loan available. New definitions have also been included for “green project,” to establish the eligibility criteria, and “segment cap,” to clarify the annual maximum amount available to any one project sponsor. Rule 62-503.300, F.A.C., establishes new deadlines for project submittals, clarifies allowable and unallowable project costs, and adds planning loans, design loans, sanitary sewer evaluation study loans and inflow/infiltration rehabilitation loans. This rule also establishes a new formula for calculating the financing rate, including incentives for asset management plans and green project design, and clarifies how projects are placed on the fundable and contingency portions of the priority lists. The various loans added by the proposed revisions will address timing issues encountered with the current rule. Revisions to Rule 62- 503.430, F.A.C., proposes language for the planning, design, SSES, and I/I rehabilitation loans. Other minor clarifications are also proposed. The proposed changes to Rule 62-503.500, F.A.C., incorporate anticipated federal requirements for the program, allowing principal forgiveness and reserved funds for green projects as required by the federal government. Proposed revisions to Rule 62-503.600, F.A.C., incorporate various changes to the priority system anticipated in the Clean Water Act as well as promoting Department objectives. The proposed changes to Rule 62-503.700, F.A.C., are intended to clarify what is expected in planning and design documents as well as the procurement process for design/build and construction manager at-risk construction contracts. The proposed changes to Rule 62-503.800, F.A.C., are intended to clarify when an annual audit is required and which type of audit. The proposed changes to Rule 62-503.850, F.A.C., would be minor grammatical changes.

RULEMAKING AUTHORITY: 403.1835(10), 403.1835(9) FS.
LAW IMPLEMENTED: 403.1835 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 15, 2012, 2:30 p.m.

PLACE: Bob Martinez Center, 2600 Blair Stone Road, Room 538B, Tallahassee, Florida 32399-2400

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: Timothy Banks, [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Timothy Banks at the Department of Environmental Protection MS 3505, 2600 Blair Stone Road, Tallahassee Florida 32399-2400, phone [phone]. Email at [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.