Southwest Florida Water Management District
RULE NO.:RULE TITLE:
40D-26.401Cost-Share Rates
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 131, July 8, 2015 issue of the Florida Administrative Register.
To delete the word “or” in 40D-26.401(1)(b)(2), add the word “or” in 40D-26.401(1)(b)(3), and add a “.” in 40D-26.401(1)(b)(4). The rule changes are as follows:
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.; or
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, __-__-15.
THE PERSON TO BE CONTACTED REGARDING THE NOTICE OF CHANGE TO PROPOSED RULES AND A COPY OF THE CHANGES IS: Erica E. Richards, Staff Attorney, 7601 U.S. Highway 301 N., Tampa, FL 33637, (813)985-7481 (4651) (OGC # 2015014)
