Rule No.: RULE TITLE
40D-26.021: Definitions
40D-26.091: Publications Incorporated by Reference
40D-26.101: Conditions of Eligibility
40D-26.201: Program Application
40D-26.401: Cost-Share Rates
PURPOSE AND EFFECT: To modify the Facilitating Agricultural Resource Management Systems (FARMS) Program eligibility requirements to allow funding assistance for projects that reduce frost/freeze protection withdrawals; to establish cost-share rates for these projects; to incorporate by reference the revised FARMS Program Funding Application Form to request information concerning these projects; and to incorporate by reference the Model FARMS Economic Update, June 2009, to provide updated estimated costs for implementing proposed projects. The estimated costs included in this publication are used to determine whether proposed projects are eligible for funding. The Model FARMS Economic Update, June 2009, replaces the 2001 Model Farms Cost publication.
SUMMARY: Section 373.707(1), F.S., encourages cooperation in the development of water supplies and to provide for alternative water supply development. Sections 373.707(1)(f) and 373.707(8)(a), F.S., authorize the District to provide funding assistance to private water users for the development of alternative water supplies and conservation projects that result in quantifiable water savings. Section 373.705(3), F.S. authorizes the District to fund water resource development. Pursuant to these statutes, the FARMS Program was developed to provide funding assistance to agricultural water users for the implementation of alternative water supply development and water resource development projects. Rule 40D-26.101, F.A.C., Conditions of Eligibility, currently does not allow funding assistance for projects that reduce frost/freeze protection withdrawals. Rule 40D-26.101, F.A.C., is being amended to allow funding for these projects and Rule 40D-26.401, Cost-Share Rates, is being amended to provide cost-share rates for these projects. Rule 40D-26.201, F.A.C., is being amended incorporate by reference the revised FARMS Program Funding Application Form. Rules 40D-26.021 and 40D-26.091, F.A.C., are being amended to incorporate by reference the revised Model FARMS Economic Update, June 2009.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The District’s Facilitating Agricultural Resource Management Systems (FARMS) Program, developed by the District and the Florida Department of Agriculture and Consumer Services, is a public/private agricultural Best Management Practices (BMP) cost-share reimbursement program. FARMS is intended to expedite the implementation of production-scale agricultural BMPs that provide water resource benefits. The proposed revisions to Chapter 40D-26, F.A.C., incorporate by reference the publication setting forth the 2009 Model FARMS economic cost comparison figures with updated and additional project costs, modify the conditions of eligibility to specify how frost/freeze quantities will be used in the determination of a project’s eligibility both in and outside the Dover/Plant City area and modify the cost-share rates to specify that FARMS will provide 75% cost-share for projects that reduce frost/freeze quantities in the Dover/Plant City area. The FARMS Program is entirely voluntary. No entities or individuals are required to comply with the proposed rule It is expected that up to about 30 farmers per year may apply to participate in the overall program (not just frost/freeze-related projects), but they are not required to do so. The expansion of the FARMS Program to include, as eligible projects, those that reduce withdrawals for frost/freeze protection from the Upper Floridan aquifer and the 75% reimbursement rate for such projects in the Dover/Plant City growing region will likely increase program reimbursement and staff implementation costs to the District. The District anticipates spending approximately $2.2 million/year over 10 years to reduce frost/freeze quantities permitted from the Upper Floridan aquifer to acceptable levels. No other state and local entities are required to enforce or implement the FARMS Program. As no individuals or entities are required to participate in the FARMS Program, there will be no increase in transactional costs. However, those that choose to participate in the new frost/freeze reduction program in the Dover/Plant City area will benefit from a highest share of project costs being paid by the District. The proposed rule revisions are anticipated to benefit certain program participants. Small businesses, small cities or small counties will not incur transactional costs as a result of the proposed rule revisions.
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: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.0363(4), 373.083(1), 373.705(3), 373.707(1), 373.707(8) 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: Pamela Gifford, Certified Legal Assistant, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, (352)796-7211 (4156) (OGC #2010040)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-26.021 Definitions.

When used in this chapter:

(1) through (4) No change.

(5) “Model Farms Costs” means those estimated costs developed to identify reasonable costs associated with implementing various water conservation methods by a variety of agricultural operations as set forth in Tables A-1 through A-18 of the Facilitating Agricultural Resource Management Systems (FARMS) Program Model Farms Economic Update, June 2009, ~~the District’s 2001 Model Farms Costs~~ incorporated herein by reference in Rule 40D-26.091, F.A.C.

(6) through (7) No change.

Rulemaking ~~Specific~~ Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363(4), 373.705(3), 373.707(1), 373.707(8), ~~373.0831(3), 373.196(1), 373.1961(3)~~ FS. History–New 1-7-09, Amended________.

40D-26.091 Publications Incorporated by Reference.

The following document is hereby incorporated by reference into this chapter and is available from the District upon request: Facilitating Agricultural Resource Management Systems (FARMS) Program Model Farms Economic Update, June 2009 ~~Southwest Florida Water Management District’s 2001 Model Farms Costs (effective date August 1, 2001)~~.

40D-26.101 Conditions of Eligibility.

(1) No change.

(2) The following projects are eligible for the Program:

(a) Implementation of BMPs that reduce withdrawals from the Upper Floridan aquifer or from any combination of ground, surface or reclaimed water sources and have a cost-benefit that is equal to or less than the Model Farms Costs; however, no more than 5% of frost/freeze protection quantities authorized by a District Water Use Permit shall be used in calculating the amount of water no longer withdrawn from the Upper Floridan aquifer in areas outside of the following boundary: The portions of Hillsborough and Polk Counties within the following sections (all Townships are South; all Ranges are East):

Township 27, Range 20: Sections 25, 26, 35 and 36;

Township 27, Range 21: Sections 25 through 36;

Township 27, Range 22: Sections 25 through 36;

Township 27, Range 23: Sections 29 through 32;

Township 28, Range 20: Sections 1, 2, 11 through 14, 23 through 26, 35 and 36;

Township 28, Range 21: All Sections;

Township 28, Range 22: All Sections;

Township 28, Range 23: Sections 5 through 8, 17 through 20, and 29 through 32;

Township 29, Range 20: Sections 1, 2, 11 through 14, 23 through 26, 35 and 36;

Township 29, Range 21: All Sections;

Township 29, Range 22: All Sections;

Township 29, Range 23: Sections 5 through 8, 17 through 20, and 29 through 32;

Township 30, Range 20: Sections 1, 2, 11 and 12;

Township 30, Range 21: Sections 1 through 12;

Township 30, Range 22: Sections 1 through 12;

Township 30, Range 23: Sections 5 through 8.

(b) Implementation of BMPs that improve ground or surface water quality impacted by ground water withdrawals.~~; and~~

(d) Implementation of BMPs that reduce frost/freeze protection withdrawals authorized by a District Water Use Permit from the Upper Floridan aquifer within the boundary described in paragraph 40D-26.101(2)(a), F.A.C.

(3) No change.

40D-26.201 Program Application.

(1) No change.

(2) Applicants for funding shall submit to the District the information required on District Form LEG-R.22.02 (8/10) ~~LEG-R.22.01 (4/09)~~ adopted and incorporated by reference in this rule. This form is available from the District upon request.

(3) No change.

40D-26.401 Cost-Share Rates.

(1) The District’s cost-share rate for a funded project shall be based upon a project’s resource benefit as follows:

(a) Equipment costs shall be reimbursed up to a maximum of 50% of the total project cost when a project:

1. Reduces withdrawals from the Upper Floridan aquifer by less than 50%;

2. Reduces withdrawals from any combination of ground, surface or reclaimed water sources;

3. Improves ground or surface water quality impacted by ground water withdrawals; or

4. Improves natural system functions within the Upper Myakka River Watershed.

(b) Equipment costs shall be reimbursed up to a maximum of 75% of the total project cost when a project:

1. Reduces withdrawals from the Upper Floridan aquifer by 50% or more; or

2. Reduces withdrawals by 15% or more from any combination of ground, surface or reclaimed water sources of which a minimum of 5% of the total withdrawal reduction is from the Upper Floridan aquifer and the project improves water quality in surface or ground water impacted by ground water withdrawals or improves natural system functions within the Upper Myakka River Watershed; or.

3. Reduces frost/freeze protection withdrawals authorized by a District Water Use Permit from the Upper Floridan aquifer within the boundary described in paragraph 40D-26.101(2)(a), F.A.C.

(2) through (4) No change.