26780068, 62ER23-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 26780068

Notice of Emergency Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Overview

RULE:

62ER23-1

Grant Program Eligibility and Application Process

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

: Section 11, Chapter 2022-272, Laws of Florida (L.O.F.), “[a]n act relating to disaster relief,” establishes the Hurricane Stormwater and Wastewater Assistance Grant Program for the purpose of providing financial assistance to local governments located in one of the sixteen counties impacted by Hurricane Ian or Hurricane Nicole when a stormwater or wastewater system sustained damages as a result of either of the storms, and such damages pose an immediate threat to the public health or environment if not immediately addressed.  Section 11, Chapter 2022-272, L.O.F., requires the Department of Environmental Protection to adopt an emergency rule pursuant to subsections 120.54(1) and 120.54(4), Florida Statutes, for the purpose of administering this grant program. This section also requires the creation of an application form to be used by local governments seeking such financial assistance, which must be adopted no later than January 30, 2023, along with this rule. Given the application period set out in the law, an emergency rule is the most appropriate and expedient means to provide local governments the grant program’s requirements and grant application. This emergency rule incorporates, by reference, the Hurricane Stormwater and Wastewater Assistance Grant Program Application, effective as of the effective date of Rule 62ER23-1, F.A.C.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Legislature expressly required in Section 11, Chapter 2022-272, Laws of Florida, the promulgation of an emergency rule by the Department to prescribe a procedure and form to seek financial assistance when a stormwater or wastewater system sustained damages as a result of Hurricane Ian or Hurricane Nicole that threaten the public health or environment if not immediately addressed. The promulgation of this emergency rule, incorporating by reference the form used to apply for the financial assistance, ensures that the public is notified by the most appropriate and expedient means regarding the process to apply for a grant.

SUMMARY:

: In accordance with Section 11, Chapter 2022-272, L.O.F., this emergency rule prescribes the procedure and application for the Hurricane Stormwater and Wastewater Assistance Program. The rule sets forth the eligibility requirements local governments must meet to receive funding via the grant program, reiterates the $10 million-per-project cap mandated by the Florida Legislature, and defines “project” for the purposes of the rule. The rule also establishes the grant application process, adopting the the “Hurricane Stormwater and Wastewater Assistance Grant Program Application” within and stating where it can be accessed. Further, the rule establishes certain deadlines related to the grant application process, sets forth factors that the Department will consider in evaluating applications, states which expenses are eligible for financial assistance via the grant program, and provides an expiration date.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Sandra Waters, Deputy Director, Division of Water Restoration Assistance, MS 3505, 3900 Commonwealth Blvd., Tallahassee, Florida, 32399-3000, (850) 245-2815.

PRINT PUBLISH DATE:

1/31/2023 Vol. 49/20

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://www.flrules.org/gateway/ruleno.asp?id=62ER23-1&PDate=1/31/2023&Section=4

REFERENCE MATERIALS:

No reference(s).

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