25363577, 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: 25363577

Notice of Proposed Rule

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
62-503.700	Planning, Design, Construction, and Procurement Requirements
62-503.751	Environmental Review
62-503.800	Audits Required

PURPOSE:

Amendments to Chapter 62-503, F.A.C., are proposed to clarify administrative procedures, delete unnecessary or redundant language, better define allowable and unallowable costs, restructure the priority system, and to adjust how the financing rate and financing rate reductions are applied to loans. Included are changes necessary to reflect changes to the priority ranking of projects made in Section 22 of Ch. 2020-150, Laws of Florida.

SUMMARY:

Rule 62-503.200, F.A.C., is being amended to incorporate new definitions and to revise existing definitions. New definitions for “continuing contract,” “cost-effective,” and “fiscal sustainability plan,” have also been included. It includes reference to an amended form RFI 1, Request for Inclusion on the Clean Water Priority List. Rule 62-503.300, F.A.C., clarifies documentation requirements, revises the notice deadline for public meetings, adds Department acceptance of processes for design or construction loans, gives examples of documented acute or chronic public health hazards, extends green projects to include other sanitary sewer overflow projects with respect to priority scoring, includes projects installing wastewater transmission facilities to be constructed concurrently with construction projects occurring within or along a transportation right-a-way for priority scoring, adds land and wastewater system acquisition to timely submitted project for priority scoring, removes unnecessary priority list development requirements, provides more concise language regarding allowable costs, clarifies allowable and ineligible costs, applies a fixed financing rate to amendments of an 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. It adds a financing rate reduction for sponsors that fund a nontraditional project. It adds a verification of the debt coverage through a certified public accountant for non-governmental sponsors. Revisions to Rule 62-503.430, F.A.C., include certification of a loan recipient that the loan recipient is not on the governmentwide exclusion list in System for Award Management (SAM), adds details regarding disbursements, sets repayment periods and removes annual certification requirements that are now obsolete. It includes a reference each to amended Form Application 1, State Revolving Fund Loan Program for Point Source Water Pollution Control Loan Application and Form Application 2, State Revolving Fund Loan Program for Nonpoint Source Water Pollution Control Loan Application. The proposed changes to Rule 62-503.500, F.A.C., replace the term innovative/alternative with green. 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 and list requirements for fiscal sustainability plans. Revisions to Rules 62-503.751 and 62-503.800, F.A.C., are minor updates and clarifications.
OTHER RULES INCORPORATING THIS RULE: 62-505.200, 62-505.300, and 62-505.350, F.A.C.
EFFECT ON THOSE OTHER RULES: The references to 62-503, F.A.C., that are currently in 62-505, F.A.C., will be amended as necessary to reflect changes in 62-503.

RULEMAKING AUTHORITY:

403.1835(10), 403.1837(9), F.S.

LAW:

403.1832, 403.1835, 403.031, 403.1837, 215.97, 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-03910 Procedures for Implementing Certain Provisions of EPA’s Fiscal Year 2012 Appropriation Affecting the Clean Water and Drinking Water State Revolving Fund Programs
Ref-03913 40 C.F.R. Part 35, Subpart E
Ref-03914 2 C.F.R. Part 176, Subpart B
Ref-03917 40 CFR 31.36
Ref-04016 Updating the Department of Environmental Protection’s Affordability Index, 2011, August 9, 2011

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