25362995, 62-552.200 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25362995

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

DRINKING WATER STATE REVOLVING FUND LOAN PROGRAM

Overview

RULE:

62-552.200	Definitions
62-552.300	General Program Information
62-552.430	Loan Application and Agreements
62-552.680	Environmental Review
62-552.700	Planning, Design, Construction, and Procurement
62-552.800	Audits Required

PURPOSE:

Amendments to Chapter 62-552, F.A.C., are proposed to clarify administrative procedures, delete unnecessary or redundant language, better define allowable and unallowable costs, refine the notice of priority meetings, to adjust how the financing rate and financing rate reductions are applied to loans.

SUMMARY:

Rule 62-552.200, F.A.C., is being amended to incorporate a new definition for “continuing contract” and to revise existing definitions. It includes an update to the definition of “interest rate” to note the interest rate "floor" of 0.2 percent. It includes reference to an amended form RFI-DW1, Request for Inclusion on the Drinking Water Priority List.  Rule 62-552.300, F.A.C., clarifies documentation requirements, revises the notice deadline for public meetings, adds Department acceptance of environmental review processes for design or construction loans, updates median household income and population score provisions, removes the 5% limit to technical services as an eligible cost for loans with principal forgiveness, deletes language that would allow construction loan increases with principal forgiveness, clarifies that a project sponsor that is a for-profit entity is not eligible for principal forgiveness, adds language that makes a construction project with a disadvantaged small community using a Construction Manager at Risk delivery method ineligible for principal forgiveness, updates language around land purchases, costs associated with interim financing, public water system purchases, refinancing of unretired debt principal, bidding and procurement costs, removes acquisition of easements and rights of way as eligible costs, removes the use of contingency funds for equipment purchase, pay for construction work, or other activities not in the loan agreement, and details requirements for financing rate reductions. It includes a revision to make the interest rate "floor" 0.2 percent instead of 0 percent and revise the interest rate reductions for compliance with American Iron and Steel and Davis-Bacon wage rates to a combined total of 0.5 percent. Revisions to Rule 62-552.430, F.A.C., includes certification of a loan recipient that the loan recipient is not on the governmentwide exclusion list in System for Award Management (SAM), revises and adds language regarding pledged revenue and collateral, appends documentation requirements for design/build projects using a best value procurement process, removes annual certification requirements. It includes reference to an amended Form Application DW-1, State Revolving Fund Loan Program for Drinking Water Facilities Loan Application. The proposed changes to Rule 62-552.680, F.A.C., exempts projects that meet FCEN criteria from planning document review by the State Clearinghouse. The proposed changes to Rule 62-552.700, F.A.C., are intended to clarify what is expected in planning and design documents as well as the procurement process. It includes additional requirements of an asset management plan. Revisions to Rule 62-552.800, F.A.C., are minor updates and clarifications.

RULEMAKING AUTHORITY:

403.8532, F.S

LAW:

403.852, 403.8532, F.S.

PRINT PUBLISH DATE:

12/15/2021 Vol. 47/241

COMMENTS:

From 12/15/2021 To 1/5/2022 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-08363 Water Conservation Plan Guidelines
Ref-08365 2 CFR 176 Subpart B - AIS
Ref-08367 40 CFR 31.36 - Procurement
Ref-08368 40 CFR Part 35 subpart E - AIS

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