11542338, 62-503.200 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11542338

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

STATE REVOLVING FUND LOAN PROGRAM

Overview

RULE:

62-503.200	Definitions
62-503.300	General Program Information
62-503.430	Loan Applications and Agreements
62-503.500	Funds Reserved for Specific Purposes
62-503.600	Priority List Information (Repealed)
62-503.700	Planning, Design, Construction, and Procurement Requirements
62-503.751	Environmental Review
62-503.800	Audits Required
62-503.850	Exceptions to Program Requirements

PURPOSE:

Amendments to Chapter 62-503, F.A.C., are proposed to clarify administrative procedures and to restructure the priority list process and the methodology for calculating the financing rate.   Changes will be made to the priority system to promote Department objectives and to limit funding to projects that will provide the most environmental benefit for years in which funding is limited.   The financing rate formula will cap the financing rate subsidy at four percent, but will also incentivize green projects and the implementation of asset management plans.  Additionally, a reduction in the financing rate will be provided for loans that are required to incorporate the Davis-Bacon wage rates.  Further, new types of loans are also being added to adapt the program to actual planning, design, and construction processes.

SUBJECT:

Rule 62-503.200, F.A.C., is being amended to incorporate new definitions and revisions to existing definitions.  New definitions for “Inflow/Infiltration project,” “planning loan,” “design loan,” and “construction loan” are proposed to provide clarification on the requirements of each type of loan available.  New definitions have also been included for “green project,” to establish the eligibility criteria, and “segment cap,” to clarify the annual maximum amount available to any one project sponsor.  Rule 62-503.300, F.A.C., establishes new deadlines for project submittals, clarifies allowable and unallowable project costs, and adds planning loans, design loans, sanitary sewer evaluation study loans and inflow/infiltration rehabilitation loans.  This rule also establishes a new formula for calculating the financing rate, including incentives for asset management plans and green project design, and clarifies how projects are placed on the fundable and contingency lists.  The various loans added by the proposed revisions will address timing issues encountered with the current rule.  Revisions to Rule 62-503.430, F.A.C., proposes language for the planning, design, SSES, and I/I rehabilitation loans.   Other minor clarifications are also proposed.  The proposed changes to Rule 62-503.500, F.A.C., incorporate anticipated federal requirements for the program, allowing principal forgiveness and reserved funds for green projects as required by the federal government.  Proposed revisions to Rule 62-503.600, F.A.C., incorporate various changes to the priority system anticipated in the Clean Water Act as well as promoting Department objectives.  The proposed changes to Rule 62-503.700, F.A.C., are intended to clarify what is expected in planning and design documents as well as the procurement process for design/build and construction manager at risks construction contracts.

RULEMAKING AUTHORITY:

403.1835(10) and 403.1835(9)

LAW:

403.1835

PRINT PUBLISH DATE:

7/20/2012 Vol. 38/29

RELATED STATUTES
AND LAWS:

403.1835(10) and 403.1835(9), 403.1835

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62-503.200&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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