To establish procedures and criteria governing program participation in the Innovative Nutrient and Sediment Reduction and Conservation Pilot Project program authorized by Section 403.0617, Florida Statutes. This statute authorizes the Department ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-570.100Definitions

62-570.200General Program Requirements

62-570.300Project Selection Criteria

PURPOSE AND EFFECT: To establish procedures and criteria governing program participation in the Innovative Nutrient and Sediment Reduction and Conservation Pilot Project program authorized by Section 403.0617, Florida Statutes. This statute authorizes the Department to fund selected nutrient and sediment reduction and conservation pilot projects to test their effectiveness, contingent upon a specific appropriation by the legislature.

SUMMARY: Chapter 62-570, F.A.C. contains procedures and criteria to govern program participation in the Innovative Nutrient and Sediment Reduction and Conservation Pilot Project program authorized by Section 403.0617, Florida Statutes.

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 proposed amendments are not regulatory in nature, and therefore do not impose any costs.

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: 403.0617, F.S.

LAW IMPLEMENTED: 403.0617, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 12, 2017 beginning at 9:30 a.m.

PLACE: Room 432 of the Douglas Building at 3900 Commonwealth Blvd., Tallahassee, FL 32399

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: Michael Isaacson at 850-245-2928. 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: Kate Merchant, Division of Water Restoration Assistance, Mail Station 3600, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-2400, telephone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Chapter 62-570 Innovative Nutrient and Sediment Reduction and Conservation Pilot Project

 

62-570.100 Definitions.

For purposes of this rule chapter:

(1) “Applicant” means a local government that has applied, or intends to apply, for grant funding under this chapter.

(2) “Innovative” means an emerging technology/practice or a proven technology/practice that is being used in a unique way, to either reduce nutrient or sediment loading or to conserve water through increased water use efficiency.

(3) “Local government” means a municipality, county, special district, or authority, or any agency thereof, or a combination of two or more of the foregoing acting jointly in connection with a project.

(4) “Total cost of the project” means estimated costs associated with the project for design, construction, demobilization, mobilization, operation, procurement of equipment and materials, effectiveness monitoring, and water quality monitoring.

Rulemaking Authority 403.0617 FS. Law Implemented 403.0617 FS. History–New ___________.

 

62-570.200 General Program Requirements.

(1) This chapter implements Section 403.0617, F.S., and provides procedures and criteria for participation in the Innovative Nutrient and Sediment Reduction and Conservation Pilot Project Program.

(2) The Department shall solicit proposals at least once a year, in years which funding is appropriated by the legislature for innovative projects to receive grant funding under this chapter.

(3) If the Department is soliciting proposals for projects, an interested applicant may apply for grant funding under this chapter by submitting a Pilot Project Proposal Application, Form 62-570.200(1), effective [effective date of the rule], hereby adopted and incorporated by reference. Copies of the form may be obtained by writing to the Florida Department of Environmental Protection, Division of Water Restoration Assistance, 3900 Commonwealth Boulevard, Mail Station 3600, Tallahassee, Florida 32399 or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####.

(4) To receive grant funding, projects must be determined by the Department to not be harmful to the ecological resources in the area.  Project information to be evaluated to determine whether projects are harmful can include: addition of chemical or biological substances, alteration of the topography, changes to flora and fauna, habitat loss, and history of environmental impacts during other applications of a similar technology.

(5) The general effectiveness of nutrient or sediment reduction technology or water conservation technology, or the particular application or scalability of such technologies, to be employed through the project must be considered innovative, but be capable of reasonable measurement.

(6) All projects must include effectiveness monitoring to determine the actual nutrient or sediment reduction or water savings associated with implementation of the project. The results of the effectiveness monitoring and any other water quality or quantity monitoring required in the funding agreement, shall be provided annually to the Department, unless otherwise specified in the funding agreement between the applicant and the Department.

(7) The Department will evaluate and rank projects using the criteria in Rule 62-570.300, F.A.C. Once notified of selection, the applicant must provide the Department with a proposed scope of work and budget to enable the Department to prepare and negotiate an agreement with the selected applicant.

Rulemaking Authority 403.0617 FS. Law Implemented 403.0617 FS. History–New ___________.

 

62-570.300 Project Selection Criteria.

(1) After the closing date for submittal of proposals, complete and timely project applications meeting the requirements of Rule 62-570.200, F.A.C., shall be evaluated and ranked on the criteria in this section.

(2) Projects shall be evaluated and ranked based on:

(a) The amount of funding the applicant is requesting for the project.

(b) Whether the project is identified as a high priority project in the most recent annual report required by Section 403.0675(1), F.S.

(c) The projected total cost of the project and the percentage of the total cost to be provided by the applicant.

(d) For the percentage of the total cost of the project to be provided by the applicant, whether there is an obligated funding source for those costs.

(e) The estimated length of time to complete the project.

(f) Whether the project is located in a rural area of opportunity as defined in Section 288.0656, F.S.

(g) Whether the applicant has used their own funds for other projects to improve the water quality or water quantity of the applicable waterbody.

(h) For projects with water quality benefits:

1. The quantity of nutrients or sediment the project is estimated to remove from the water body. Estimates should be based on sound scientific principles and be fully documented in the funding application.

2. The estimated cost per pound to remove each pound of nitrogen or phosphorus or sediment. 

3. The potential for the project to provide a cost-effective solution to nutrient or sediment reduction.

4. The cost of the project and the length of time it will take to complete relative to its expected benefits.

5. Whether the receiving waterbody is verified impaired for nutrients pursuant to Chapter 62-303, F.A.C.

(i) For projects with water quantity benefits:

1. The anticipated impact the project will have on restoring or increasing water flow or level. 

2. The quantity of water the project is estimated to conserve.  Estimates should be based on scientific principles and be fully documented in the funding application.

3. The estimated cost per thousand gallons of water conserved.

4. The cost of the project and the length of time it will take to complete relative to its expected benefits.

5.  The project is in a water resource caution area or contributes to implementation of an adopted minimum flow or minimum water level recovery or prevention strategy.

Rulemaking Authority 403.0617 FS. Law Implemented 403.0617 FS. History–New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Trina Vielhauer, Director, Division of Water Restoration Assistance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ryan E. Matthews, Interim Secretary, Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 08, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 8, 2016