2008 Legislative Session

 

With the coming year's budget picture uncertain, even after the budget reductions during the 2007 special session of the Legislature, the prospect of funding for water projects through the Legislature's Community Budget Issue Request (CBIR) process is uncertain as well. For a sense of Legislature's perspective on the issue, see the November 28, 2007 memo from legislative leadership. Now that the CBIR window was closed to new applications on January 4, 2008, please pay particular attention to "DEP's Role," below.

Pre-Application Information and Qualifying Criteria

Nonetheless, it is essential for local governments interested in water project funding to be prepared. That means contacting potential sponsors in the House and Senate and working with their staffs to timely complete the required CBIR forms. Here is some information that should be helpful toward that end.

• For copies of CBIR forms, please contact the offices of your sponsoring legislators--DEP does not have CBIR forms.

• We have provided some examples of the kinds of information you will be expected to provide for the CBIR application.

• Generally, the minimum requirements for water projects to be considered "eligible" for funding are included in section 403.885, Florida Statutes. Please note when reading this section that some of the language expired July 1, 2007.

• In summary, the law establishes the following:

  • Who is eligible to apply?

    • Counties;

    • Municipalities;

    • Water management districts; and

    • Special districts with legal responsibility for water quality improvement, water management, stormwater management, wastewater management, lake and river restoration projects, and drinking water projects.

  • What types or projects may qualify?

    • Wastewater project construction;

    • Stormwater project construction;

    • Drinking water project construction;

    • Surface water improvement and restoration construction;

    • Other water management project construction.

      • Examples of projects funded and vetoed over the years are available from the Historical Water Project Funding page.

  • What criteria must a water project meet to be eligible?

    • Protect public health OR the environment; AND

    • Implement a state, local or regional plan related to water quality protection.

DEP's role?

DEP usually is charged with reviewing projects relative to the criteria identified above and any other criteria established by the Legislature and Governor's Office. DEP submits its evaluation of all projects to the Governor's Office and Legislature for purposes of action during the regular session’s appropriations process. DEP has no authority to prioritize or recommend funding for any project. We simply opine on whether the project appears to meet the established criteria based on the completed CBIR form.

• If you have been assigned a DEP ID# as a result of a prior year review, including it on the CBIR form may make review of your project easier. If you're not sure whether you have a DEP ID#, send an e-mail to waterprojects@dep.state.fl.us with the name of the sponsoring local government, the name of the project and a brief description and we will check on the number.
  • Projects do not need a DEP ID# to qualify and new projects will not be assigned a number.

Water Management Districts' roles?

The water management districts (WMD) may be called upon to review or comment on the significance of local government projects to the improvement of WMD priority surface water bodies. It is advisable, in any event, for each local government to consult its WMD as the districts may be able to offer counsel and, in some cases, financial assistance. You may want to consult this map with WMD boundaries. WMD contact information is also available.

Local matching funds?

The law no longer includes any local matching requirements. However, this fact raises a couple of issues.

• First, it is virtually certain, even if the legislature appropriates money for your project, that you will not receive the full amount requested. In fact, it is likely, based on historical appropriations, that you will receive less than 50% of what you ask for and perhaps substantially less. Thus, local matching funds will likely be necessary to complete your project.
• Second, it is possible that the Legislature and Governor's Office will develop their own review criteria for projects as a means of prioritizing requests during the budget process. These criteria may include local matching requirements. Thus, it may be to your advantage to strive to meet the local matching provisions set forth previously in the law:

  • 25% for wastewater projects.
  • 50% for surface water restoration and stormwater projects.
  • Because drinking water projects were not previously "eligible," it may be advisable to strive for the higher matching amount.
  • There are no longer any provisions in the law designating "small disadvantaged local governments," so it is not clear how this fact will affect the matching funds question.

Other qualifying criteria?

As noted, the Legislature and Governor's Office may establish or consider review criteria of their own. We will advise you via this website if any additional information on water project funding criteria or related matters becomes available to us.

Questions and other information? Note new phone number.

If you have questions, please contact DEP by e-mail at waterprojects@dep.state.fl.us or call Geof Mansfield at the following new number beginning December 27, 2007: 850.245.3144. (Messages on the old number, 850.245.8339 will continue to be retrieved as well.)

Information on a variety of financial assistance programs for water-related projects, both DEP's and those of other state and federal agencies, is available in the summary document, "Water Resource Funding in Florida."