The purpose of this rulemaking is to amend Rule 40D-26.401, F.A.C. to increase Facilitating Agricultural Resource Management Systems (FARMS) cost-share rates to 75 percent in the Most Impacted Area (MIA) of the Southern Water Use Caution Area (SWUCA)...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-26.401Cost-Share Rates

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rule 40D-26.401, F.A.C. to increase Facilitating Agricultural Resource Management Systems (FARMS) cost-share rates to 75 percent in the Most Impacted Area (MIA) of the Southern Water Use Caution Area (SWUCA) through September 30, 2018.

SUMMARY: The proposed amendment will enhance support of the Southwest Florida Water Management District’s SWUCA Recovery Strategy. The proposed revision is expected to result in additional grower participation in the FARMS Program. Additional participation in the FARMS program will further reduce groundwater use and increase groundwater levels to assist in meeting minimum aquifer level goals.

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: There are no costs to the regulated public as a result of the proposed amendment. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

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: 373.044, .113, .171 FS.

LAW IMPLEMENTED: 373.0363(4), .705(3), .707(1), .707(8) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email to [e-mail]. 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: Jessica Hall, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (2139), email [e-mail] (OGC #2015014)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-26.401 Cost-Share Rates.

(1) The District’s cost-share rate for a funded project shall be based upon a project’s resource benefit as follows:

(a) Equipment costs shall be reimbursed up to a maximum of 50% of the total project cost when a project:

1. Reduces withdrawals from the Upper Floridan aquifer by less than 50%;

2. Reduces withdrawals from any combination of ground, surface or reclaimed water sources;

3. Improves ground or surface water quality impacted by ground water withdrawals; or

4. Improves natural system functions within the Upper Myakka River Watershed.

(b) Equipment costs shall be reimbursed up to a maximum of 75% of the total project cost when a project:

1. Reduces withdrawals from the Upper Floridan aquifer by 50% or more;

2. Reduces withdrawals by 15% or more from any combination of ground, surface or reclaimed water sources of which a minimum of 5% of the total withdrawal reduction is from the Upper Floridan aquifer and the project improves water quality in surface or ground water impacted by ground water withdrawals or improves natural system functions within the Upper Myakka River Watershed; or

3. Reduces frost/freeze protection withdrawals authorized by a District Water Use Permit from the Upper Floridan aquifer within the boundary described in paragraph 40D-26.101(2)(a), F.A.C.

4. Reduces withdrawals authorized by a District Water Use Permit from the Upper Floridan aquifer within the boundary described in paragraph 40D-2.801(3)(b)2., F.A.C., and such project is approved for funding by the District Governing Board on or before September 30, 2018

(2) Only costs for Equipment procured in accordance with the terms of the agreement between the applicant and the District shall be eligible for reimbursement.

(3) Applicants shall fund a minimum of 25% of the total project cost exclusive of any funding provided by other sources.

(4) For purposes of this rule, costs associated with a project’s excavation activities shall not be included in the total cost of the project; however, these costs shall count towards applicant’s minimum 25% funding requirement if as-built construction drawings certified by a licensed professional engineer or surveyor are provided to the District and then to the following extent:

(a) 100% of the costs if excavated material will not be removed from owner’s property.

(b) 50% of the costs if excavated material will be removed from owner’s property.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363(4), 373.705(3), 373.707(1), 373.707(8) FS. History–New 1-7-09, Amended 1-16-11,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Erica E. Richards, Staff Attorney

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 17, 2015