Rule amendments will improve and streamline an existing grant program and ensure timely, cost-effective grant management by amending review procedures, evaluation criteria and eligible applicants, amending the Work Plan, and revising the grant ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Office of the Secretary

RULE NO: RULE TITLE
62S-4.001: Definitions
62S-4.004: Application Procedures for Coastal Partnership Initiative Grants
62S-4.007: Review Procedures and Criteria
62S-4.008: Funding Coastal Partnership Initiative Grants
PURPOSE AND EFFECT: Rule amendments will improve and streamline an existing grant program and ensure timely, cost-effective grant management by amending review procedures, evaluation criteria and eligible applicants, amending the Work Plan, and revising the grant application form to reflect rule changes.
SUMMARY: The proposed rule amendments delete reference to a form; amend eligible applicants; remove specific grant categories; specify differing funding amounts; revise number and type of application copies; amend the Work Plan; amend evaluation criteria; delete equal distribution of funds by category; revise grant application form to reflect rule changes; and make other clarifications.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. Due to the structure of this rule and the proposed changes, only those entities that are specifically defined as approved “applicants” will be directly affected by proposed rule changes. These entities include local governments, national estuarine research reserves, colleges, community colleges, state universities (as listed in Section 1000.21, F.S.), regional planning councils, national estuary programs and non-profit organizations. Costs associated with this rule change stem mainly from a reduced planning grant cap size and an imposition of a cap on the percentage of third party matching allowed. The reduction in the use of 3rd party matching funds imposes costs by shifting the matching burden from non-monetary matching to cash and in-kind matching. In the case of the lower planning grant cap, costs are incurred when the maximum amount of the planning grant is reduced thereby increasing the potential financial burden on the recipient. However, the increase in costs associated with the planning grant cap is partially mitigated by an increased number of overall grants that may be distributed. The department estimates the net costs of both of these changes to be minimal based on data from pervious grant cycles.
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.
SPECIFIC AUTHORITY: 380.22(3), 380.27 FS.
LAW IMPLEMENTED: 380.22 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Goggin: ph. [phone]; fax [phone]; email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62S-4.001 Definitions.

As used in this rule, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated:

(1) No change.

(2) “Applicant” means lLocal governments of the 35 coastal counties and all municipalities within their boundaries that are required to include a coastal element in the local comprehensive plan; national estuarine research reserves; and national estuary programs. The term also means Florida colleges, community colleges and state universities as listed in Section 1000.21, F.S., public and private colleges and universities, regional planning councils, national estuary programs and non-profit groups, as long as an eligible local government, national estuarine research reserve, or national estuary program agrees to participate as a partner.

(3) “Application” means a formal request for Coastal Partnership Initiative funds by an applicant consisting of a complete, original grant project application form, including required copies and applicable documentation.

(4) through (10) No change.

(11) “Special Designations” means waters or areas designated by federal, state or local authorities that protect or preserve environmental, cultural or coastal resources.

(12) “306A Checklist” means the “Section 306A Guidance and Checklist” Form 62S-4.001(12), which became effective 1-29-09 and is hereby adopted and incorporated by reference. NOAA requires submission of the information in the checklist prior to release of funds under Section 306A of the Act for construction projects, invasive species removal, habitat restoration, capital outlay or land acquisition. 306A Checklists may be obtained from the CPI website at http://www.dep.state.fl.us/cmp/grants/index.htm, or by contacting FCMP staff at the Department of Environmental Protection, Florida Coastal Management Program, MS 47, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000.

Rulemaking Specific Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 10‑15‑81, Formerly 17‑24.03, Amended 12‑2‑87, Formerly 17‑24.030, Amended 11‑22‑93, 4‑30‑96, 6-10-01, Formerly 9M-1.003, Amended 8-11-03, 9-11-05, 1-29-09,________.

 

62S-4.004 Application Procedures for Coastal Partnership Initiative Grants.

(1) CPI Program Purpose. Eligible applicants may request financial assistance to implement projects to protect, enhance, and improve the management of natural, cultural, and historical coastal resources and to increase the sustainability, resiliency and preparedness of coastal communities. Grant applications must benefit the management of coastal resources, and meet the purpose and goals of at least one of the following CPI priority areas categories:

(a) Resilient Communities. The purpose goal of this priority area initiative is to help coastal communities prepare for and respond to the effects of climate change and natural hazard events and disasters. Project examples include: conducting vulnerability analyses and risk assessments; developing post-disaster redevelopment plans and business continuity plans; developing climate change adaptation strategies for incorporation in local comprehensive plans or ordinances; developing policies, guidance and best management practices; restoring and preserving coastal wetlands and shorelines; and developing energy efficiency and alternative energy strategies.

(b) Coastal Resource Stewardship. The purpose goal of this priority area initiative is to promote stewardship and appreciation of fragile coastal resources through citizen, volunteer and local government involvement. Stewardship project examples include dune and wetland restoration; invasive exotic plant removal control; coastal clean-ups; cultural resource protection; environmental awareness initiatives; coastal learning centers; and environmental education events and field trips.

(c) Access to Coastal Resources. The purpose goal of this priority area initiative is to help communities identify and improve public access to cultural, historical and natural areas while protecting resources from overuse and damage. Project examples include: planning for, and construction of small-scale projects such as fishing piers, dune crossovers, boardwalks, observation decks, and canoe and sailboat launches; natural shoreline restoration; invasive exotic plant species removal; waterfront park improvements; and development of recreational surface water use plans or policies pursuant to Section 163.3177(6)(g), F.S.

(d) Working Waterfronts. The working waterfronts priority area initiative is designed to assist communities with waterfront revitalization. The working waterfronts initiative aims to support projects that enhance and sustain traditional waterfront communities while addressing public access, resource protection, and hazard mitigation issues. Project examples in this category include constructing boat ramps, waterside boardwalks, kiosks and fish cleaning stations; and restoring shorelines and wetlands or implementing other measures that mitigate the effects of natural hazards.

(2) through (a) No change.

1. No more than $30,000 $60,000 and no less than $10,000 $20,000, for planning, design and coordination activities, land acquisition, small construction, or capital improvement projects.; and

2. No more than $60,000 and no less than $10,000 for construction projects, habitat restoration, invasive exotic plant removal or land acquisition. These projects cannot involve planning and coordination activities as stated in subparagraph 62S-4.004(2)(a)1., F.A.C.

(b) Projects funded under the CPI must be located on publicly-owned or leased land, or land held in perpetuity under a conservation easement. Projects located on federally-owned lands are not eligible for FCMP funds.

(c) Non-profit organizations are not eligible to receive be applicants for funds for construction projects, habitat restoration, invasive exotic plant removal under Section 306A capital outlay or land acquisition of the Act. Applications submitted by non-profit organizations that propose these activities will be disqualified.

(d) A recipient will be required to provide 100% (1:1) matching funds, cash or in-kind. No more than one-half (50%) of match can be provided by a third party.

(e) No change.

(f) A project that receives a CPI grant may be considered again for funding in a subsequent grant cycle, provided that the first grant was successfully completed.

(g) A project that receives CPI funds for two consecutive funding cycles is not eligible to be considered again for funding until two subsequent funding cycles have passed, and provided that the previously funded projects were successfully completed.

(f)(h) No change.

(3) through (4)(b) No change.

(5) Application Form. All Coastal Partnership Initiative (CPI) grant applications must be submitted on the CPI Application Form. The CPI Coastal Partnership Initiative Application Form 62S-4.004(5), effective date________ (which includes the 306A checklist as incorporated in 62S-4.001(12)) is hereby incorporated by reference and is available from the FCMP grants CPI website at http://www.dep.state.fl.us/cmp/grants/index.htm. To request an application form, contact FCMP staff at the Department of Environmental Protection, Florida Coastal Management Program, MS 47, 3900 Commonwealth Blvd., Tallahassee 32399-3000.

(a) Applications shall be received by the FCMP submitted either in person, by certified or registered mail (return receipt requested), or by courier service. Applications shall be received at Department of Environmental Protection, FCMP, M.S. 47, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 on or before 4:00 p.m., Eastern Time Zone, on the date identified in the notice of availability of funds, which shall be a minimum of 60 days from the publication of the notice of availability of funds.

(b) One originally-signed application, four copies of the application and one CD/DVD version shall be submitted to: FCMP, M.S. 47, ATTN: CPI Applications, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000.

(c)(b) It is the applicant’s responsibility to ensure that one original application, four and 12 copies, and one CD/DVD version of the application are delivered at the proper time and place. Applications submitted by fax or other electronic media are not acceptable. Applications received after the exact time and date specified above will be disqualified.

Rulemaking Specific Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 10-15-81, Formerly 17-24.04, Amended 12-2-87, Formerly 17-24.040, Amended 11-22-93, 4-30-96, 6-10-01, Formerly 9M-1.004, Amended 8-11-03, 9-11-05, 1-29-09,________.

 

62S-4.007 Review Procedures and Criteria.

(1) through (3) No change.

Criteria for all Initiative Categories	Maximum Points
(a) The project location is clearly depicted on a map.	10 15
(b) Project description is clearly presented.	15 20
(c) Project objectives, tasks, deliverables and timelines clearly relate to the project description are clear.	20
(d) Applicant and partner roles are adequately identified.	10
(e) Project location is clearly described.	15
(d)(f) There is a demonstrated clear need which for the project addresses.	25 20
(e)(g) Project meets purpose goal of at least one the chosen CPI priority category.	10 15
(f)(h) Applicant demonstrates how tThe project will benefit coastal resource management.	25
(g) Project is feasible and can be completed within one year.	10
(i) There is community support for the project and project will benefit community.	5
(j) Project supports specific goals and objectives of the local comprehensive plan.	5
(k) If applicable, project helps achieve the goals of the following Department, state, local or federal programs:
1. Local Mitigation Strategy.	5
2. Florida Forever, or a local land acquisition program.	5
3. Waterfronts Florida.	5
4. Special Designations.	5
(h)(l) Budget and budget narrative clearly shows how FCMP funds and match funds will be expended in accordance with 62S-4.004(2)(d), and demonstrate a cost relationship to project activities by category.	15
(i) Project costs are reasonable.	10
Total Maximum Points Possible	140 185

(4)(m) Applications Within each category, projects that receive a final score of at least 110 points will be funded eligible for funding in rank order by score, depending on the availability of funds. If more than one application project in a category receives the same score, those applications projects will receive equal treatment in making funding decisions.

(5)(n) Projects will be funded in rank order by score as determined by the evaluation committee and subject to the availability of funds. If the project is funded by NOAA, the subgrant agreement shall be executed within 90 days from approval unless mutually waived by the FCMP and recipient. Failing timely execution, the subgrant award shall not be awarded. Instead, the funds shall be awarded to the next eligible, unfunded CPI project in the same initiative category. If there is no eligible, unfunded CPI project in the same initiative category, then the funds will shall be allocated to other FCMP needs.

Rulemaking Specific Authority 380.22(3) FS. Law Implemented 380.22, 380.27 FS. History–New 10-15-81, Formerly 17-24.07, Amended 12-2-87, Formerly 17-24.070, Amended 11-22-93, 4-30-96, 6-10-01, Formerly 9M-1.007, Amended 8-11-03, 9-11-05, 1-29-09,________.

 

62S-4.008 Funding Coastal Partnership Initiative Grants.

(1) The FCMP shall use the criteria and procedures established in this rule chapter to evaluate project applications and determine their eligibility to be included as part of Florida’s official cooperative agreement application for federal assistance under the Act. The final decision whether or not to fund a project is made by the Department and NOAA.

(2) Funding of any application submitted in response to the FCMP’s notice of availability of funds and in accordance with this rule chapter is subject to the amount of federal coastal zone management funds awarded to the FCMP and the amount allocated to the CPI by the FCMP. The FCMP may reduce awards based upon feasibility of project components.

(3) The total amount allocated to CPI shall initially be distributed equally among the categories. After fully funding all eligible applications in a CPI category, any excess funds in a category will be redistributed to categories in which the initial allocation is insufficient to fully fund all eligible applications. In redistributing funds, preference shall be given to achieving full funding of partially-funded projects.

(4) through (6) renumbered (3) through (5) No change.

Rulemaking Specific Authority 120.569, 120.57, 380.22(3) FS. Law Implemented 120.569, 380.22 FS. History–New 1-29-09, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan Goggin
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 26, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 12, 2010