The purpose and effect of the proposed rule amendment is to repeal rules identified under Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary, because the law implemented by the rules was repealed by Chapter 2017-...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-305.100Scope of the Rule

62-305.200Definitions

62-305.300General Program Information

62-305.400Project Selection Criteria

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal rules identified under Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary, because the law implemented by the rules was repealed by Chapter 2017-10, Laws of Florida.

SUMMARY: Rule 62-305.100, F.A.C., provides the scope of Chapter 62-305, F.A.C., which sets forth procedures for distributing funding for the TMDL Water Quality Restoration Grant program. Rule 62-305.200, F.A.C., provides definitions for words that are used throughout Chapter 62-305, F.A.C. Rule 62-305.300, F.A.C., provides the general procedures and eligibility criteria for the distribution of the grant funds. Rule 62-305.400, F.A.C., provides the selection criteria for evaluating projects that are submitted for funding.

These rules are being repealed because they are unnecessary to administer the grant program and the statute, 403.890(2) F.S., authorizing the rule has been repealed.

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: repeal of these rules will not have an adverse impact or increase regulatory costs on any entity, and the law implemented has been repealed.

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: 201.15(8), 403.890(1)(b) FS.

LAW IMPLEMENTED: 201.15(8), 403.890(1)(b) FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kate Merchant, 3900 Commonwealth Blvd., MS 3600, Tallahassee, FL, 32399-3000, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-305.100 Scope.

Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-08, Repealed_______.

 

62-305.200 Definitions.

Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-08, Repealed__________.

 

62-305.300 General Program Information.

Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-0, Repealed________.

 

62-305.400 Project Selection Criteria.

Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-08, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kate Merchant

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Noah Valenstein

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 17, 2017