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Agenda 05/13/2013 Item #16F15/14/2013 16.F.1. EXECUTIVE SUMMARY Recommendation to approve the Collier County 2013 Federal Legislative Agenda and policy priorities. OBJECTIVE: For the Board of County Commissioners (BCC) to review and approve the projects and policy priorities recommended by Collier County's federal lobbyist, The Ferguson Group, for the Collier County 2013 Federal Legislative Agenda (attached). The Collier County Congressional Delegation includes Senators Marco Rubio and Bill Nelson, Congressmen Mario Diaz- Balart, District 25, and Trey Radel, District 19. CONSIDERATION: Collier County legislative staff and representatives from the Board's federal lobbyist, The Ferguson Group (TFG), met with Commissioners to discuss project priorities and issues of interest that have formed the basis of the recommended 2013 Federal Legislative Agenda. Staff and TFG representatives also communicated with county staff and updated continuing projects and policies. Once adopted, identified projects and grants prospects will be presented to the Congressional Delegation in Washington, D.C. in a series of meetings coordinated by TFG reps on the Board's behalf, and regular follow -up communications will be their responsibility as well. The county's federal lobbyist will continue to closely monitor the federal legislative appropriations and grants processes and strongly advocate for actions that will advance the Board's adopted agenda. County staff will work closely with TFG staff and continue to provide progress reports as warranted. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. This item requires majority support for approval. RECOMMENDATION: That the Board of County Commissioners reviews and approves the Collier County 2013 Federal Legislative Agenda. Prepared by Debbie Wight, Legislative Affairs Coordinator Packet Page -3750- 5/14/2013 16.F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.1. Item Summary: Recommendation to approve the Collier County 2013 Federal Legislative Agenda and policy priorities. Meeting Date: 5/14/2013 Prepared By Name: CurranJanet Title: Supervisor - Operations,Communication & Customer R 4/25/2013 1:52:12 PM Submitted by Title: Legislative Affairs Coordinator, Name: WightDebbie 4/25/2013 1:52:13 PM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 5/1/2013 2:51:36 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 5/1/2013 5:16:50 PM Packet Page -3751- Coer County 2013 DRAFT Federal Legislative Agenda 5/14/2013 161.1. t Working in coordination with our Congressional Delegation and federal agencies, Collier County intends to seek opportunities to advance the following local project and policy initiatives. Surface Transportation Collier County is committed to ensuring access to safe and reliable public transit and transportation infrastructure. As the county works to fund these improvements, we also seek to partner with the federal government. • 1 -75 Interchange at Collier Boulevard The 1 -75 Interchange at Collier Boulevard is currently going through a Project Development & Environmental (PD &E) study which is scheduled to be completed in late summer 2013. Preliminary engineering is budgeted in the Florida DOT Tentative Work Program for $5,575,120 for FY 2014115. Construction is currently not programmed in the 5 -year work program. At present, there are three alternatives that are being considered. The alternatives have either a flyover from northbound to westbound or loops for Collier Boulevard traffic to access 1 -75. All alternatives have an ultimate north and southbound Collier Boulevard flyover of Davis Boulevard (SR 84). • Correct Florida's historical inequity in transportation funding, as Florida currently ranks third worst in the U.S. based upon the rate of return for federal highway funding, getting back only 92C on every dollar sent to Washington, DC. • Golden Gates Estates Mobility Needs This includes improvements to connectivity through the addition of bridges. • Improvement to Collier Area Transit's (CAT'S) Radio Road Station and new transit routes Funding will support the effort to refurbish the existing site and convert it into a permanent transfer center and improved maintenance facility. • lmmokalee Road Expansion Improvements to this road are needed in order to address increased use generated by the Seminole Casino in lmmokalee. • Pedestrian walkway improvements in Golden Gate community The community would benefit from infrastructure to improve walkability and safety for schoolchildren as they travel to and from six local schools. 1 Packet Page -3752- 5/14/2013 16. F.1. • Intersection of Immokalee Road and Randall Boulevard. This project envisions an at -grade improvement for Phase I to be built in a configuration for a future flyover (westbound Randall to westbound Immokalee Road). The Phase I improvement will add westbound left turn lanes to accommodate the heavy left turn movement. The flyover will address this heavy westbound left turn movement with free flow left turn lanes over Immokalee Road. Both the Phase I and ultimate Flyover will improve the operational efficiency of the intersection. • Support legislative initiatives that would increase local government access to government- backed low interest loans and private capital for priorities including transportation. Potential Grant Opportunities: DOT TIGER IV, FHWA Transit SGR, Transportation and Community Systems Preservation, and others Water and Coastal Infrastructure As the county's thriving community grows, more and more pressure is placed on the fragile ecosystem that makes Collier County such a desirable place to live and to visit. As such, the county is committed to continuing its stewardship of a healthy ecosystem within a growing, urban environment. The following water resource projects will advance the needs of Collier County and the region. • Seek to initiate a Reconnaissance study for Collier County beaches The Reconnaissance study is the first step needed to determine a federal interest in renourishing Collier County beaches. Continue to make the Congressional Delegation and the U.S. Army Corps of Engineers aware of Collier County's desire to initiate a Reconnaissance study to determine a federal interest in Collier County beaches. The Reconnaissance study is the first step needed to determine a federal interest in, and eventual Water Resources Development Act (WRDA) authorization of, Collier County beaches renourishment. The county received a "study" authorization for BEACHES in the 2007 Water Resources Development Act (WRDA) and will need an additional authorization for construction after the Army Corps Chief's Report is received. The county has even offered to pay for the $100,000 Reconnaissance study but that was denied by the Army Corps. A Feasibility study, currently at an undetermined cost, follows the Reconnaissance study and precedes actual construction. The Feasibility study will also be conducted by the Army Corps. • Continue to make the delegation aware of the county's federal funding needs for Vanderbilt Lagoon and Naples Bay Restoration. Funding can be sought from the Army Corps of Engineers based on the authorization secured in the 2007 WRDA: Vanderbilt Beach Lagoon, Florida - The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, water supply, and improvement of water quality at Vanderbilt Beach Lagoon, Florida. • Continue to work with county partners to pursue water and wastewater interconnect plans with Marco Island and the City of Naples. Funding can be sought from the Army Corps of Engineers based on the authorization secured in the 2007 WRDA: $20,000,000 for water supply interconnectivity infrastructure, Charlotte, Lee, and Collier Counties, Florida. I In the event of emergency or operational capacity needs, the proposed interconnects will provide the flexibility to service the adjoining customers, thus avoiding potential service interruptions. 2 Packet Page -3753- 5/14/2013 161.1. • Orangetree Public Works Service Expansion Per agreement, the Collier County Public Utilities Division has announced its Board - approved plan to integrate the Orangetree Utility into the Collier County Water -Sewer District as early as possible, and no later than April 2014. • Immokalee Stormwater Project The Immokalee stormwater master plan is completed and construction of the first phase was completed by the Immokalee Community Redevelopment Agency (CRA) in December 2012. Two additional projects within the overarching "plan" were being designed by the CRA with funding already secured for one of these projects which will be constructed in 2013. Planning grants are currently being sought to get the remaining projects shovel ready and constructed. • Continue to monitor federal Environmental Protection Agency (EPA) and encourage support for FDEP's approach and proposed criteria related to the Numeric Nutrient Criteria Rule EPA's original rule required unreasonable treatment costs to meet non - scientific water body nutrient levels. There is approval now in DEP developing its own rules for Florida. • Support legislative initiatives that would increase local government access to government- backed low interest loans and private capital for priorities including transportation and water infrastructure. Potential Grant Opportunities: U.S. Army Corps of Engineers, USDA Water and Wastewater Disposal Loans and Grants, EPA /Florida DEP 319(h) Program Recreation and Cultural Resources The county's recreation and cultural facilities contribute to the health of the community's residents, enhance the integrity and quality of the natural environment, and attract visitors to the community, thereby contributing to local tourism and economic development. Federal support will further these efforts: • Construction of additional amenities and access at Eagle Lakes Park Additional funds will complete an aquatics facility that will complement the existing fields, spray park, playgrounds, community center and walking trails. • Construction of additional amenities and access at Big Corkscrew Park Design is complete and additional funds will complete phase one, which will include lake dredging for recreational fishing, pathway development, and the development of multipurpose athletic fields for soccer and lacrosse. • "Greening of Parks" sustainability initiative There is interest in accessing U.S. Department of Energy -led energy savings resources for a possible countywide 'greening of parks" initiative. Improvements may include sustainable design and construction, environmental audits and purchasing, and new recycling approaches. • Freedom Memorial and Park Construction Support is needed for the construction phase of the monument park built to honor those killed during the terrorist attacks of Sept. 11, 2001 as well as military veterans, law enforcement and firefighters. 3 Packet Page -3754- 5/14/2013 16.F.1. • Establishment of dedicated federal funding streams for local parks and recreation facilities through legislative authorization Collier County supports the Urban Revitalization and Livable Communities Act, which would provide federal assistance grants to rehabilitate and develop urban parks and community recreational infrastructure. Potential Grant Opportunities: National Endowment for the Arts, Land and Water Conservation Fund, Recreational Trails Program, and others Local Government Administration The county is committed to the prevention of undue burdens being placed on local government, and requests support for the funding, programs and people that are on the frontline of community and constituent service. • Maximize Opportunities for Funding Through RESTORE Act Implementation By investing fines owed by BP and the other parties responsible for the Gulf oil spill into the Gulf region, the RESTORE Act will provide significant resources to Collier County. The county is developing processes and strategies to ensure the ability to effectively draw down and maximize these funds. • Prevent passage of legislation that would exempt online tourism bookers from paying appropriate sales and transient lodging taxes to state and local governments. Currently, online travel companies such as Travelocity and Expedia pay state and local occupancy taxes on guestrooms based on the wholesale rate they pay for the room, not on the retail rate the guest pays for the room. Because hotels pay these same taxes based on the higher retail rate the guest pays, state and local municipalities collect less tax on a room booked through an online travel company (OTA) than they collect on a room booked through a hotel directly. Some recent court rulings have sided with the OTA's and others with the cities and counties. There is concern among collectors of these taxes that the federal government will attempt to exempt these OTA's under provisions to "not tax the Internet." This argument is not valid, since these are retail transactions, not a communications service. • Support legislation to provide units of general local government with funding to save and create local jobs through the retention, restoration, or expansion of services needed by local communities By supporting the services local communities deem most necessary, the Local Jobs for America Act will help local governments avoid having to choose between eliminating services and raising taxes. Energy and Sustainability Collier County strives to be stewards of our resources and has taken many steps to become more conscientious in the areas of energy use reduction, water conservation, and resource recovery. As the county works to fund these improvements, we also seek to partner with the federal government on the following: • Reclamation of additional landfills in environmentally sensitive areas Collier County continues to search for opportunities to reclaim or mitigate closed landfill cells for resource recovery and future beneficial land use. 4 Packet Page -3755- 5/14/2013 16.F.1. • Resource Recovery Park OW This project is currently in the site development and permitting phase and focuses on building infrastructure to bring businesses that seek to do waste reuse work. Businesses that the county intends to attract include those that turn waste materials like tires into usable goods. Construction and demolition recycling as well as horticultural reuse are other businesses the county strives to bring here. • Compressed natural gas (CNG) conversion for waste collection vehicles This project envisions a fueling facility that may also to be utilized by schools, police and public transit. These agencies are coordinating a feasibility study to utilize alternative fuel sources for transportation purposes. • Building support and an ongoing source of funding for the U.S. Department of Energy's Energy Efficiency and Conservation Block Grants (EECBG) EECBG funds, which Collier County has received in the past by formula allocation, are intended to assist U.S. cities, counties, states, territories, and Indian tribes to develop, promote, implement, and manage energy efficiency and conservation projects and programs designed to reduce fossil fuel emissions, reduce the total energy use of the eligible entities; and improve energy efficiency in the transportation, building, and other appropriate sectors. There is a nexus between this grant program and two initiatives above: the Resource Recovery Park and the CNG conversion program. • Passage of legislation that would allow property owners to finance energy efficiency and renewable energy projects for their homes and commercial buildings. Through Property Assessed Clean Energy (PACE) financing, interested property owners may opt -in to receive financing for improvements that is repaid through an assessment on their property taxes for up to 20 years. PACE financing spreads the cost of energy improvements such as weather sealing, insulation, energy efficient boilers and cooling systems, new windows, and solar installations over the expected life of the measures and allows for the repayment obligation to transfer automatically to the next property owner if the property is sold. Potential Grant Opportunities: Department of Energy Programs, EPA Brownfields, and US Economic Development Administration Public Safety, Disaster Preparedness and Recovery Through preparedness and response, the Collier County is committed to the safety of all residents. The county would like additional support in efforts to: • Public Safety Equipment The county seeks federal support for the acquisition of special support vehicles, breathing apparatus, a Med Flight helicopter, and an ambulance bus for use in the event of a mass casualty incident. Secure increases in funding for Federal Emergency Management Agency's (FEMA's) Emergency Management Performance Grants This program provides funding for state and local jurisdictions to engage in comprehensive national and regional planning processes that seek to enhance emergency management and catastrophic capabilities through strengthened national and regional relationships and the allocation of resources toward all- hazards planning, including maintaining current hazard mitigation plans. Florida is traditionally a major beneficiary of these funds. 5 Packet Page -3756- 5/14/2013 16.F.1. • Federal Support for Post -Storm Debris Removal on Private Property Generally, debris removal from private property following a disaster is the responsibility of the property owner. However, large -scale disasters may deposit enormous quantities of debris on private property over a large area resulting in widespread immediate threats to the public at large. In these cases, the State or local government may need to enter private property to remove debris to eliminate immediate threats to life, public health, and safety; eliminate immediate threats of significant damage to improved property; or ensure economic recovery of the affected community to the benefit of the community -at- large. As a part of the debris mission, hazardous materials must be contained, collected, stored, transported and properly disposed. We seek to clarify the regulations and ensure reimbursement to local governments. • Support Initiatives like the National 287(g) Program to Deal with Illegal Immigration The 287(g) undocumented immigrant identification program is aimed at reducing the number of criminal aliens living and working in the State of Florida. In Collier, 4,200 individuals who have been detained are responsible for at least 27,200 local crimes Potential Grant Opportunities: FEMA FIRE and SAFER Grants, State Homeland Security Grant Program and DoJ Byrne /JAG Program, and others Economic Development Business and industry thrive in Collier County, due to the excellent support facilities and infrastructure available to new and expanding companies. With additional financial support, the county could accelerate and offer additional resources. Potential Grant Opportunities: US Economic Development Administration, HHS Community Economic Development Program, National Endowment for the Arts; HUD Programs, Safe Routes to Schools Program and Others Aviation Infrastructure The Collier County Airport Authority was created to oversee the development and management of three publicly owned general aviation airports. Since its inception, the Airport Authority has transformed these airports into vibrant public use airports providing a diverse range of services. Several pending projects will further advance the air transportation needs of present and future residents and businesses of, and visitors to Collier County. • Hangars and facilities to support traffic generated by improved airfield infrastructure at Marco Island Airport With the new taxiway, traffic will increase significantly, generating a need for more hangars and a public facility for larger business jets. • Design and rehabilitation of runways at Marco Island and Immokalee Airports Rehabilitation is a high priority for both airports and the County continues to work with the Federal Aviation Administration (FAA) to move the design phase forward. 6 Packet Page -3757- 5/14/2013 16.F.1. • Taxiway extension at the Everglades City Airport A taxiway extension is needed to improve safety at this airport. Permitting and land acquisition are completed. • Upgrades to Security at Immokalee Regional Airport The airport is currently updating lighting through a program paid for by FDOT, but there are additional needs, including upgrades to security, cameras and badge systems. Potential Grant Opportunities: FAA, DoJ JAG /Byrne program, and others 7 Packet Page -3758- N I om I a t . _onnecticui Avenue, ' 5, i," 300 Washington, D.C. 20036 202.331.8500 202.331. "1598 tax TO: FROM: DATE: RE: MEMORANDUM Debbie Wight, Gary McAlpin Val Gelnovatch, Amanda Wood April 2, 2013 Collier County Beach Reconnaissance Study Status 5/14/2013 16. F.1. The path to congressional authorization for federal construction of a beach project includes the following steps: • Step 1- Reconnaissance Study completed • Step 2 - Feasibility Study completed • Step 3 - Army Corps of Engineers (ACOE) Chief's Report completed • Step 4 - Pre - construction Engineering and Design • Step 5 - WRDA authorization for federal cost - sharing agreement for construction Collier County is seeking funding for Step 1 — Reconnaissance Study. Steps 1, 2 and 3 are funded through the ACOE account called "General Investigations." Steps 4 and 5 are funded through the ACOE account called "Construction." A study can only be funded through the "General Investigations" account. Construction can only be funded through the "Construction" account. Due to budget constraints Congress budgets far more annually for "Construction," which helps to finish off projects , than it does for "General Investigations," which helps start new projects. Comparison of Collier County Beaches Funding With Other Florida Beach Projects Almost every beach project in Florida that has received funding during the past 2 years completed Steps 1 -5 many years ago. This enables these beach projects to receive "Construction" funding now. Only 1 project, Flagler County Beach, has received Study funding. Flagler beach is on Step 2 — Feasibility Study and their study has been in progress for over 10 years. Background In 2007 the Water Resources Development Act authorized 2 studies for Collier County. The Collier County Beaches study authorization allows Collier County to pursue Step 1— Reconnaissance Study. Here is how they appear in WRDA: Collier County Beaches, Florida The Secretary shall conduct a study to determine the feasibility of carrying out a project for hurricane storm damage reduction and flood damage reduction in the vicinity of Vanderbilt, Park Shore, and Naples beaches, Collier County, Florida. Vanderbilt Beach Lagoon, Florida The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, water supply, and improvement of water quality at Vanderbilt Beach Lagoon, Florida. History of Funding Requests for Collier County Beaches Project in Fiscal Years 2009 and 2010 Collier County first pursued funding for the Vanderbilt Lagoon study, but not the Collier County Beaches study. $250,000 was requested to study improvements to the water quality at Vanderbilt Lagoon. Beginning in Fiscal Year 2011 Collier County first requested funding for the Collier County Beaches study. That year Collier County decided not to seek funding for the Vanderbilt Lagoon study in favor of seeking funding for the Collier County Beaches study. Packet Page -3759- 5/14/2013 16. F.1. Changes to Federal Law Beginning in Fiscal Year 2011 Adversely Impacting Collier County's Beach Funding request Fiscal Year 2011 In Fiscal Year 2011 only the Senate Energy and Water committee passed a bill — the House never passed a bill. That year a Continuing Resolution was passed in which Congress removed all earmarks from all appropriations bills and gave the Corps of Engineers (ACOE) a lump sum of money for "General Investigations" (which is the account that funds the Reconnaissance study Collier County is seeking.) Congress tasked the ACOE to take the lump sum and create a Work Plan in which the ACOE chooses which projects to fund. That year the ACOE funded only 6 Florida "General Investigations" projects. All were port projects except for Flagler Beach, who had been receiving funding for 10 years. Fiscal Year 2012 In Fiscal Year 2012 the congressional earmark moratorium was officially passed. Congress again sent a lump sum of money to the ACOE with specific instructions that only projects funded in the previous 3 years could be considered for funding in the ACOE "General Investigations" Work Plan. This prevented the ACOE from being able to fund Collier County's Beach Reconnaissance study. The House Energy and Water committee directions stated: "While the Committee strongly supports additional investment in water resource projects, the funding limitations set forth by the Administration present the Committee with a difficult choice between starting new authorized projects in the Corps and only funding those projects that are ongoing in an effort to complete them. Faced with this difficult choice, the Committee has determined that prioritizing ongoing projects is the only responsible course of action and, therefore, recommends no new starts in any account in fiscal year 2012. The Committee notes that the budget request seems to define a new start as any project, study or activity not previously included in the President's budget request for a particular account. That is not how the Committee defines a new start. If a project or study was funded in a particular account in an appropriations Act within the previous three fiscal years, it is not a new start. " The Senate added its own directives, namely that none of the funds for 2012 could be used to fund a new start project proposed by the Administration in the federal budget in Fiscal Years 2011 and 2012. 2013 The Fiscal Year 2013 appropriations bill was recently passed. It too sends a lump sum to the ACOE and tasks them with creating a Work Plan. The House Energy and Water committee directions state: "A study shall be eligible for this funding if it has received funding, other than through a reprogramming, in at least one of the previous three fiscal years. In no case shall funds be used to initiate new studies within this account." The Senate Energy and Water Committee has provided for a balanced planning program for fiscal year 2013 with ten new study starts eve from the budget request and an additional five to be selected based on the Corps' prioritization process and included as a part of the General Investigations work plan. Packet Page -3760- 5/14/2013 161.1. TFG Recommendations in Response to Changes in Federal Law since 2011 Collier County began requesting funding for its Beach Reconnaissance study in Fiscal Year 2011, at the same time that congressional directives created an environment in which neither Congress nor the ACOE nor the Administration could fund the new Reconnaissance study Collier County needed to pass through Step 1. Accordingly, TFG has worked with the County and Congress on various paths forward: • The County and TFG met with the ACOE in April of 2011 to discuss funding options. • Following the April 2011 ACOE meeting TFG drafted language for the WRDA bill that would allow the ACOE to sign, upon completion, a Corps- approved, County- funded Collier County Beaches Reconnaissance study, and move it to the Feasibility phase (Step 2). • TFG drafted language for the WRDA bill in 2011 and submitted it to Senator Nelson. Between April of 2011 and the end of the last Congress no WRDA bill was passed. • TFG continues to work with the County's House and Senate delegation to educate them on the need for the WRDA provision in the new Congress. • In 2012 TFG drafted a letter for Congressman Mack to use with the ACOE District office, requesting they prioritize funds for the Collier County Beaches project, in the event Congress began to allow for New Start Studies. • The Senate Energy and Water committee now allows for 10 new Study starts in the nation per year. 5 Studies will be chosen by the Administration and included in the President's budget and 5 will be chosen by the ACOE in their annual Work Plan. • In 2012 TFG reached out to the County's delegation to push for a local Roundtable with the Corps of Engineers. TFG has pursued these Corps of Engineers Roundtables with several of Florida's East Coast congressional representatives with some success. Congressman West held several roundtables last year, which helped to raise the visibility of ACOE funding needs, including beaches, in his district, and Congresswoman Wasserman Schultz will hold a Roundtable focused on shore protection later this week. Packet Page -3761- THE FERGUSON 1 GROUPLLc MEMORANDUM TO: Collier County Board of Commissioners FROM: Amanda Wood and Val Gelnovatch, The Ferguson Group DATE: February 20, 2013 RE: Federal Advocacy Update and Opportunities Outlook 5/14/2013 161.1. We are pleased to present this report, which reviews work performed on behalf of Collier County as well as current and future federal opportunities. We examine federal policy and legislation through the lens of local government and our work has resulted in a great deal of federal success for the County. Retained in 2006, The Ferguson Group (TFG) has helped the County secure more than $32 million in federal authorizations, appropriations, and other assistance. We believe that Collier County continues to benefit from representation in Washington, DC by The Ferguson Group. RESTORE ACT Passage and Funding Since the explosion and fire on BP's Deepwater Horizon in the summer of 2010, we have been working on behalf of Collier County to support legislative remedies like the RESTORE Act, which aims to compensate impacted counties and restore habitat. This summer the Senate and House passed legislation as part of the federal Transportation Act that will hold the parties responsible for the Gulf oil disaster accountable for restoring the Gulf. By investing fines owed by BP and the other parties responsible for the Gulf oil spill into the Gulf region, the RESTORE Act will provide significant resources to Collier County. Under Florida law, 75 percent of the state's share of the fines that are levied will go to the eight most affected Panhandle counties and 25 percent will be available for 15 other non - disproportionately impacted Gulf counties of which Collier is one. The 15 non - disproportionately impacted counties will receive funding based on a formula that considers the weighted average of the population of the county, the weighted average of the county per capita sales tax collections estimated for fiscal year 2012, and the weighted average distance from the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline. Assuming that Collier County is average in its qualification based on the formula, Collier County stands to receive between $6 and $24 million. We are also working with County staff to position the County for success in securing a portion of the 30 percent (up to $6.3 billion) to be distributed by a federal -state ecosystem restoration council comprised of six federal members and five state members and the 30 percent (up to $6.3 billion) to pay for state proposals for environmental restoration and economic recovery work. Precise funding levels will not be determined until fines are levied against BP under the Clean Water Act, which is expected to occur very soon. The Treasury department is now in the inter - agency review process for the draft implementing regulations for the RESTORE Act, including the formula by which non - disproportionately impacted counties like Collier will receive their funds. We have been working with County staff to identify all opportunities, develop criteria and processes for project selection and will assist with draw down of these funds. v Packet Page -3762- THE FERG )SC)N GROUP.,.,. 5/14/2013 161.1. Water Resource projects /Water Resources Development Act We know how vital Collier County's water resources are to the local economy, and are continuously looking for innovative ways to advance your water resource needs through federal measures. Last year, as we dug into the details of the RESTORE Act, we confirmed that the County would have the opportunity to fund water resource projects with RESTORE Act money. Through multiple conference calls with County staff it became clear that several of the County's water resource projects met the criteria for funding in this legislation. We expect a substantial amount of funding will be available for such County priorities like your beach project. Moving the County beach project forward during the last Congress was particularly challenging in light of the moratorium on line -item funding needed for a reconnaissance study by the Army Corps of Engineers. Without line - itemed funding, commonly known as an earmark, Congress could not appropriate funding for your reconnaissance study. Given this challenge, TFG has continued to work with your Senators on legislative language, that could be included in upcoming reauthorization of the Water Resources Development Act (WRDA), which would allow the Corps to sign, upon completion, a Corps- approved, County- funded and County - performed study and move it to the Feasibility phase. While the last Congress did not make significant progress on WRDA, both the House and Senate committee Chairs presiding over this legislation have prioritized this bill for passage this year. We could see final congressional action on WRDA legislation this year, but there are plenty of issues that will require consensus and hurdles that could slow progress. The first of those is the continuing House ban on earmarks and a similar, less formal, rule in the Senate. Second is the potential for controversial projects, often disputed on environmental terms, which can stall legislation. Third are the policy issues related to project funding. And fourth is the challenge presented by relatively new House and Senate members from throughout the Country who have little background in public works policy and do not have an appreciation for why the Army Corps of Engineers is spending federal funds on projects ranging from port channels to recreation facilities, many of whom came to Washington to cut spending. It is this last issue that most concerns the chairman of the House Transportation & Infrastructure Committee, Bill Shuster (R -PA) and John Mica before him. Shuster has made it known that stakeholders in WRDA have a responsibility to help educate the newer members of Congress as to the need for WRDA. Water Infrastructure Funding ( WIFIA) The House is actively addressing water infrastructure finance issues through the WIFIA Act. The Act would create a finance mechanism modeled after the successful Transportation Infrastructure Finance and Innovations Authority and should provide access to lower -cost capital for investments in water infrastructure. WIFIA would increase the availability of federal loans for water infrastructure investments over $20 million, which would otherwise not be suitable for assistance through the existing Drinking Water and Clean Water State Revolving Fund (SRF) programs. The Act would reduce the cost of financing large water infrastructure projects by reducing the cost of borrowing to Treasury rates, as well as leveraging limited federal funding, which would have the effect of substantially increasing the amount of available financing to be made available to Collier County and the SRF. The benefit to the County would be significant. Lowering the cost of borrowing by 2.5 percent on a 30 -year loan reduces the lifetime project cost by almost 25 percent, which is the same as receiving a federal grant for 25 percent of the cost of a project. Repayment would not begin until five years following substantial completion of a project, with a 35 -year repayment period. 2 Packet Page -3763- TFIE FERGUS(-)ifN L GROUR I., 5/14/2013 16.F.1. Grant Funding Even with this temporary ban on earmarks, there are numerous opportunities for the County at the federal level. We are keenly aware of the economic difficulties facing local governments, and want to ensure that you continue to take advantage of all federal opportunities. TFG identifies upcoming federal grants regularly and shares relevant funding opportunities with the County. If the County decides to move forward with a grant application, we are available to provide strategic project development and grant writing services. Grants are an area that we hope to be more helpful to Collier County. We know that developing projects for any funding request is very labor- intensive. We also understand the difficulty of matching funds, a requirement in many grants. As such, we encourage the County to take advantage of our grants services and apply for more competitive grants. Since 2010, TFG has helped our clients secure more than $470 million in competitive grant funds. Samples of federal programs aligned with your Collier County's priorities that TFG identified for the County this year included: the HHS Health Innovations Grant Program, National Endowment for the Arts Our Town Grant, Choice Neighborhood Program, FEMA FIRE and SAFER programs, TIGER, Transit State of Good Repair Program, and TIFIA innovative financing program. This year, we also assisted with the drawdown on County funds through the DoJ COPS program that had been previously awarded but were mired in an administrative logjam. Policy Priorities TFG monitors federal legislation and policy that could affect the County and assists the County in weighing in with the right people at the right time. We are readily accessible to the County, responding typically on the same day, often within an hour. Most recently, we informed you of a proposal to replace or repeal the federal tax exemption of municipal bonds. We have communicated with your Congressional Delegation with a message that tax - exempt municipal bonds are an essential, low -cost financing tool for local and state governmental infrastructure projects. We draft letters on behalf of the County on a myriad of federal issues and often hand - deliver them. Additionally, we are following the "fiscal cliff" and sequestration discussions very closely and the potential impact on local governments. As more details of a deal, or no deal, become available, we will let you know immediately and give you the opportunity to weigh in with your delegation. As we all know, Washington is looking for new ways to do more with less. As a result we are seeing an effort to shift more costs to local governments or to raise revenue through changes to the tax code. In addition, the regulatory agencies are actively proposing regulatory changes that will have significant costs to local governments. • Repeal of Tax Exempt Municipal Financing A repeal of tax exempt financing was on the table during the sequester debate. This issue is expected to arise again in the upcoming sequester battle, and it is imperative that the County make your Congressional Delegation know of any direct monetary impact to the County from such a change in the law. • 3% Tax Withholding Working with local government advocates nationwide we achieved the repeal of a measure that would have required federal, state, and local governments to withhold 3 percent from all 3 Packet Page -3764- TMTILE FERCUSC:)N KGROUPLLr, 5/14/2013 161.1. payments for goods and services, which would be a paperwork burden and likely increase the cost of such contracts. • Numeric Nutrient Criteria In December 2009, EPA issued a notice announcing its plans to initiate a national rulemaking to establish a comprehensive program to reduce stormwater discharges from new development and redevelopment, and make other regulatory improvements to strengthen its stormwater program. EPA eventually backed down on these funded mandates, but we do not expect this fight to be over. • Emergency Management Performance Grants Program We continue to make progress with Congress on building support for the maintenance of strong emergency management programs at the local level, as well as the role of funding in building such programs. The Fiscal Year 2013 funding level is still pending in a Continuing Resolution and the FY 2013 budget year is expected to once again be a challenge, though we were very pleased to fight for and secure a level of $350 million for EMPG in FY 2012. Delegation Outreach Collier County is now represented by a new Member of Congress. This presents a unique opportunity to the County given TFG's history of working with newly elected officials and their staff to offer our local government expertise, forging a positive working relationship for the Member's first term in office. By sharing your local priorities with the Member at the beginning of his term, we give the Member an opportunity to take ownership of the issue and champion its success. We are already developing a mutually beneficial relationship with Congressman Trey Radel and his staff, and based on our history of such relationship building, we are certain this will benefit Collier County. Communication In addition to very regular written and conversational communication with Debbie Wight and others on your staff, we also provide frequent updates on federal activities through the services listed below. • Daily blog on important issues and grants that are moving in Washington. • Weekly Monday notice regarding legislative initiatives expected that week in the House and Senate. • Weekly Thursday notice regarding new announcements for competitive grants. • Monthly Washington Report on the latest developments in federal legislation. • Periodic notice of webinars hosted by TFG on highly competitive grants and complicated federal legislation, which often include expert guest panelists from the federal agencies. The Ferguson Group is working on Collier County's behalf on a daily basis. We are your staff in Washington looking at federal policy and legislation through the lens of local governments. Our work has resulted in a high level of federal success for Collier County during a historically challenging time, and we hope to continue this relationship for many years. 4 Packet Page -3765-