Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-503 - STATE REVOLVING FUND LOAN PROGRAM › Section 62-503.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of this rule chapter:
(1) "Act" means the Federal Water Pollution
				Control Act, 33 USC §
										1251 et seq., as amended, June 2014, by the
				Water Resources Reform and Development Act, also known as the amended Clean
				Water Act. Sections 212 (33
				USC §
										1292), 319 (33 USC §
										1329), and 320 (33 USC §
										1330)
				and Title VI (33 USC §
										1381 et seq.) of the Act pertain to the Clean
				Water State Revolving Fund, and are hereby adopted and incorporated by
				reference. This document is available from the Department's Clean Water State
				Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida
				32399-3000, or at
http://www.flrules.org/gateway/reference.asp?No=Ref-14062
.
(2) "Affordability Index" The term
				"Affordability Index" means the empirical number that is generated for a local
				governmental agency-project sponsor using the computer model entitled "Final
				Report Statistical Wt. - No Sales, " which is based on a combination of median
				household income, poverty, and unemployment census statistics for local
				governments. This computer model can be found in "Updating the Department of
				Environmental Protection's Affordability Index, 2011, " August 9, 2011,
				Economics Department, Florida State University, Tallahassee, Florida, and is
				hereby adopted and incorporated by reference. This document is available from
				the Department's Clean Water State Revolving Fund Program, 3900 Commonwealth
				Blvd., MS 3505, Tallahassee, Florida 32399-3000, or at
http://www.flrules.org/gateway/reference.asp?No=Ref-04016
.
(3) "Asset Management Plan" means a
				systematic management technique for utility systems that focuses on the
				long-term life cycle of the assets and their sustained performance, rather than
				on short-term, day-to-day aspects of the assets. This plan includes the
				identification of and costs for rehabilitating, repairing, or replacing all
				assets as well as the schedule to do so. Subsection
				 62-503.700(7),
				F.A.C., provides details on the contents of the plan.
(4) "Best management practice" means a
				control technique that is used for a given set of conditions to achieve water
				quality and water quantity enhancement at a feasible cost.
(5) "Capitalization grant project" means a
				project for which the project sponsor shall document compliance with specific
				federal requirements under subsection
				 62-503.700(1),
				F.A.C., in addition to the general requirements under subsections
				 62-503.700(2) through
				(7), F.A.C., to qualify for a loan.
				Capitalization grant projects will be identified in an amount corresponding to
				the annual capitalization grant received by the Department from the United
				States Environmental Protection Agency (EPA).
(6) "Capitalized interest" means interest
				accruing at the loan financing rate and compounding annually from the time when
				disbursements are made until six months before the first semiannual loan
				repayment is due.
(7) "Construction
				costs" means costs associated with allowable construction, equipment,
				materials, and demolition.
(8)
				"Construction loan" means an assistance agreement to fund a wastewater,
				stormwater, or nonpoint source construction project, equipment purchase, or
				wastewater system acquisition. To be eligible for a construction loan, a
				planning document and plans and specifications must be accepted by the
				Department, the environmental review process described in Rule
				 62-503.751, F.A.C., must be
				complete, all required Department permits and authorizations must have been
				obtained, and all necessary site certifications must have been submitted to the
				Department. Plans, specifications, construction permits, and site
				certifications are not required for a wastewater system acquisition. For
				design/build projects using a best value procurement process, the approval of
				the procurement process shall be accepted in lieu of the plans, specifications,
				site certifications, and permits unless any portion of these documents are
				available at that time. The requirements for planning documents are described
				in subsection  62-503.700(2),
				F.A.C., and the requirements for plans and specifications are described in
				subsection  62-503.700(3),
				F.A.C.
(9) "Construction manager at
				risk" means a firm or other single entity that contracts with the project
				sponsor for a guaranteed maximum price for the work. The construction manager
				is responsible for performance under individual construction
				contracts.
(10) "Continuing
				contract" shall have the same meaning as provided in the Consultants'
				Competitive Negotiation Act (CCNA), Section
				 287.055, F.S.
(11) "Cost-effective" means the lowest
				present worth (or equivalent annual value) of the implementable and
				environmentally acceptable alternatives to achieve the project sponsor's
				objectives considering capital costs as well as operation and maintenance
				costs.
(12) "Department" means the
				Department of Environmental Protection, Clean Water State Revolving Fund
				Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, FL 32399-3000. For
				electronic information requests and submittals, email
				SRF_Reporting@dep.state.fl.us.
(13)
				"Design/build" means a contracting procedure whereby a firm or other single
				entity contracts with the project sponsor for a fixed price or a
				cost-plus-a-fixed-fee with a guaranteed maximum price, and is responsible for
				both design and construction of the project. The procurement process must be
				competitive best value or competitive qualifications based. For a competitive
				best value selection, the most advantageous proposal to the project sponsor is
				selected based on criteria that include price and other factors. For
				competitive qualifications based procurement, the qualifications of the
				responsible firm are the primary consideration in the selection process and the
				responsible firm shall use open book accounting for this process.
(14) "Design loan" means an assistance
				agreement to fund design activities that will result in biddable, permittable
				plans and specifications for an eligible construction project. Design/build
				projects using a best value procurement process are not eligible for a design
				loan. Additionally, a planning document defining the scope of the project to be
				funded must have been accepted by the Department. The requirements for an
				acceptable planning document are described in subsection
				 62-503.700(2),
				F.A.C.
(15) "Financial hardship"
				means a situation where the affordability index of a small community to be
				served by the project is less than 100.
(16) "Financing rate" means the semiannual
				compounding rate at which charges are imposed on the unpaid principal,
				including capitalized interest, of a State Revolving Fund (SRF) loan as
				described in subsection
				 62-503.300(5),
				F.A.C. The financing rate has a loan interest rate component and, for
				non-capitalization grant project loans, a grant allocation assessment rate
				component.
(17) Fiscal
				Sustainability Plan (FSP) means a plan to be implemented by the project sponsor
				to perform an initial and continued inventory and evaluation of treatment works
				proposed for repair, replacement, or expansion in accordance with Section 603
				of the Act (33 USC §
										1383).
(18) "Fiscal year" means the 12-month period
				between July 1 and the following June 30.
(19) "Fundable portion" means the portion of
				a priority list consisting of the projects to which funds allocated each year
				by the Department have been assigned.
(20) "Funds allocated each year by the
				Department" means funds that are available or expected to be available for
				loans during the fiscal year for which a priority list is being developed as a
				result of the following:
(a) Federal
				capitalization grants and state appropriations less the amount of any funds
				appropriated or statutorily designated for specific projects or
				purposes;
(b) Loan
				repayments;
(c) Investment
				earnings;
(d) Net proceeds of bonds
				issued by the Florida Water Pollution Control Financing Corporation; and,
(e) Funds recovered from loan
				decreases.