reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 2 - COLONIA SELF-HELP PROGRAM › Section 363.524 - Determination of Eligible Colonias

Current through Reg. 49, No. 28; July 12, 2024
The board shall use the procedures and rely on the
						standards set out in §
											363.503
						of this title (relating to Determination of Economically Distressed Area) to
						determine that a colonia for which self-help assistance is sought is
						eligible.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.601 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
The sections of this subchapter shall pertain to
					 applications for financing storage acquisition projects authorized by the Texas
					 Water Code, Chapter 15, Subchapter E. Unless in conflict with the provisions of
					 this subchapter, the provisions of Subchapter A of this chapter (relating to
					 General Provisions) shall apply to storage acquisition
					 projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.602 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following word and terms, when used in this subchapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Excess capacity--The
				  difference between the foreseeable needs of the area to be served by the useful
				  life of the facility and the existing needs for the area to be served by the
				  facility.
(2) Facility--A regional
				  facility for which an application has been submitted requesting financial
				  assistance from the Storage Acquisition Program and that includes sufficient
				  capacity to serve the existing needs of the applicant and excess
				  capacity.
(3) Alternate facility--A
				  construction project that would be necessary to serve the excess capacity of
				  the area to be served by the facility in the event that the facility was not
				  initially constructed to meet the excess capacity.
(4) Existing needs--Maximum capacity
				  necessary for service to the area receiving service from the facility for
				  current population and including the service necessary to serve the estimated
				  population in the area ten years from the date of the application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.603 - Application for Assistance

Current through Reg. 49, No. 28; July 12, 2024
An applicant for the board financial assistance in a
					 project under the Storage Acquisition Program shall submit an application in
					 the form and number prescribed by the executive administrator. The executive
					 administrator may request any additional information needed to evaluate the
					 application, and may return any incomplete application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.604 - Determination

Current through Reg. 49, No. 28; July 12, 2024
The board may provide funding from the Storage Acquisition
					 Program when the information available to the board is sufficient for the board
					 to determine that:
(1) it is
				  reasonable to expect that the state will recover its investment in the facility
				  based upon a determination that the revenue to be generated by the projected
				  number of customers served by the facility will be sufficient to purchase the
				  excess capacity owned by the state;
(2) the estimated cost of the facility as set
				  forth in the application exceeds the current financing capabilities of the area
				  to be served by the facility based on a determination that the existing rates
				  of the applicant available for payment of the facility collected from the
				  number of connections at the end of construction and other revenues available
				  for payment of the facility;
(3)
				  the optimum regional development cannot be reasonably financed by local
				  interests based on a determination that the estimated cost to construct the
				  alternate facility and the revenue to be generated by the projected number of
				  customers of the facility;
(4) the
				  public interest will be served by acquisition of the facility based on a
				  determination that the cost of the facility to the public are reduced by the
				  state's participation in the facility; and
(5) the facility to be constructed or
				  reconstructed contemplates the optimum regional development which is reasonably
				  required under all existing circumstances of the site based on a determination
				  that design capacity of the components of the facility are sufficient to meet
				  the foreseeable needs of the area over the useful life of the
				  facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.605 - Master Agreement

Current through Reg. 49, No. 28; July 12, 2024
The board and the political subdivision shall enter into
					 and execute a master agreement the text of which shall include, but not be
					 limited to, the responsibilities, duties, and liabilities of each party,
					 including the responsibility of a designated political subdivision to assure
					 that proper procedures are observed in advertising for bids and selecting a
					 bidder to construct the project; the board's cost of acquisition; procedures
					 for disbursement of board funds for the project; recognition of a political
					 subdivision's right of first refusal prior to any sale of the board's interest
					 in the project; a non-competitive clause; a schedule for repurchase by the
					 political subdivision; and any other provisions deemed appropriate and
					 necessary by the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.606 - Construction

Current through Reg. 49, No. 28; July 12, 2024
On projects to be constructed or enlarged by a political
					 subdivision or subdivisions, one political subdivision may be designated under
					 an agreement with the board to act as manager for the project and perform the
					 functions customarily performed by a manager-owner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.607 - Disbursement of State Funds

Current through Reg. 49, No. 28; July 12, 2024
State funds expended for the acquisition and/or development
					 of facilities in a project shall be disbursed in accordance with the provisions
					 of the master agreement and any other contracts by the board pursuant
					 thereto.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.608 - Requirements of Application

Current through Reg. 49, No. 28; July 12, 2024
A prospective purchaser of the board's ownership interest
					 in a facility or of the use of such board interest other than under terms
					 specified in the master agreement, shall submit an application in the form and
					 number prescribed by the executive administrator. The executive administrator
					 may request any additional information needed to evaluate the application, and
					 may return any incomplete applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.609 - Notice to Participating Political Subdivision and Others

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of an application by a prospective purchaser
					 of the board's ownership interest in a facility or use of the facility, the
					 board will send notice of its receipt by regular United States mail to all
					 co-owners of the facility, and any users of the facility or water from the
					 facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.610 - Consideration by Board

Current through Reg. 49, No. 28; July 12, 2024
The application shall be scheduled on the board's agenda,
					 and representatives of the prospective purchaser and other interested parties
					 shall be notified of the time of the meeting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.611 - Resolution Authorizing Transfer

Current through Reg. 49, No. 28; July 12, 2024
If the board approves the application, a transfer
					 resolution will be adopted which shall prescribe the terms and conditions
					 necessary for the sale, transfer, or lease, if such terms have not been
					 specified in the master agreement between the board and political
					 subdivision.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter F - STORAGE ACQUISITION PROGRAM › Section 363.612 - Negotiation of Contracts

Current through Reg. 49, No. 28; July 12, 2024
Before the board's adoption of the transfer resolution, the
					 executive administrator shall negotiate a transfer agreement with the
					 prospective purchaser regarding the sale, transfer, or lease of board-owned
					 interests. The transfer agreement shall include the interest transferred, the
					 character of the interest transferred, the formula used to compute the price to
					 be paid for the facilities to be acquired, provisions governing lease or rental
					 of facilities, a hold harmless clause, recognition of the right of first
					 refusal of any of the participating political subdivisions, a clause stating
					 the conditions under which the contract may be terminated, and other provisions
					 appropriate to the subject of the transfer agreement including provisions
					 setting standards for operation and maintenance of the project. The attorney
					 general of Texas shall approve as to legality any contract authorized under
					 this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 1 - INTRODUCTORY PROVISIONS › Section 363.701 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern applications for financial
						assistance for emergency situations to small communities under the Water
						Assistance Fund, established by Texas Water Code, Chapter 15, Subchapter B. The
						funding program described in this subchapter shall be known as the Small
						Community Emergency Loan Program. Unless in conflict with the provisions of the
						Subchapter, the provisions of Subchapter A of this chapter (relating to General
						Provisions) shall also apply to applications for financial assistance from the
						Small Community Emergency Loan Program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 1 - INTRODUCTORY PROVISIONS › Section 363.702 - Loans

Current through Reg. 49, No. 28; July 12, 2024
The board may make loans under this subchapter not to
						exceed $250,000 per applicant for a maximum of three years.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 1 - INTRODUCTORY PROVISIONS › Section 363.703 - Criteria and Methods for Distribution of Funds

Current through Reg. 49, No. 28; July 12, 2024
Applications for assistance may be submitted at any time
						and will be funded on a first-come, first-served basis, based on submission of
						a completed application. A completed application contains all of the
						information required in §
											363.711
						of this title (relating to Applications).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 1 - INTRODUCTORY PROVISIONS › Section 363.704 - Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
An applicant must meet all of the following requirements
						to be eligible for financial assistance under this subchapter:
(1) Population. An applicant is a political
					 subdivision with a population of 15,000 or less. For cities, population will be
					 based on latest population estimates and information available to the board.
					 For districts, or water supply corporations, population will be based on an
					 estimate of the population served by the district or water supply corporation
					 calculated from the current number of connections;
(2) Permanent financing not available. An
					 applicant lacks sufficient time to obtain permanent financing either under
					 other financing programs of the board or from other sources;
(3) Emergency. There is an emergency that
					 meets the criteria of subparagraphs (A)-(D) or (E) of this paragraph.
(A) The financing will correct a problem that
					 meets one of the following:
(i) The condition
					 has resulted in human fatality within the political subdivision's
					 jurisdiction;
(ii) The condition
					 has resulted in illness or injury within the political subdivision's
					 jurisdiction, documented by the applicable state agency; or
(iii) The condition poses an imminent threat
					 to public health and safety;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 2 - APPLICATION PROCEDURES › Section 363.711 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) A political subdivision seeking emergency
					 assistance shall submit an application for financial assistance in writing and
					 will accompany the written application either with a telephone briefing or, if
					 feasible, a meeting with board staff.
(b) The following information is required on
					 all applications to the board for financial assistance.
(1) General, Fiscal and Legal Information:
(A) the name and address of the political
					 subdivision;
(B) a citation of the
					 law under which the political subdivision operates and was created;
(C) the total cost of the project;
(D) the amount of financial assistance being
					 requested;
(E) a description of the
					 project;
(F) the name, address and
					 telephone numbers of the official representative, engineer and any other
					 consultant(s);
(G) the source of
					 repayment and the status of legal authority to pledge selected
					 revenues;
(H) the financing plan
					 for repaying the total cost of the project;
(I) the political subdivision's default
					 history;
(J) the most recent annual
					 financial statements and latest monthly and year-to-date financial reports for
					 the General Fund and Utility Fund of the political subdivision;
(K) a certified copy of a resolution of the
					 political subdivision's governing body requesting financial assistance from the
					 board, authorizing the submission of the application, and designating the
					 authorized representative for executing the application, and for appearing
					 before the board;
(L) an affidavit
					 executed by the authorized representative stating that the facts contained in
					 the application are true and correct to his best knowledge and
					 belief;
(M) a certification by the
					 authorized representative of the political subdivision in a form acceptable to
					 the board which warrants compliance by the political subdivision with all
					 representations in the application, all laws of the State of Texas, and all
					 rules and published policies of the board;
(N) any special request for repayment
					 structure that reflects the particular needs of the political subdivision;
					 and
(O) evidence that sufficient
					 time is not available to obtain permanent financing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 2 - APPLICATION PROCEDURES › Section 363.712 - Environmental Review before Board Approval

Current through Reg. 49, No. 28; July 12, 2024
Board staff will use preliminary environmental data
						provided by the applicant, as specified in §
											363.711(b)(3)
						of this title (relating to Applications), and make a written report to the
						executive administrator on known or potentially significant social or
						environmental concerns. The executive administrator may recommend approval of
						the project to the board if, based on preliminary information, there appear to
						be no significant environmental, permitting, or social issues associated with
						the project. The loan agreement will provide for the terms and conditions for
						completion of the environmental review process which will be consistent with
						§
											363.16
						of this title (relating to Pre-design Funding Option) and with identified
						mitigation measures with the intent to ensure environmentally responsible and
						legally compliant project design and implementation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 2 - APPLICATION PROCEDURES › Section 363.713 - Board Consideration of Application

Current through Reg. 49, No. 28; July 12, 2024
The application will be scheduled on the agenda for board
						consideration at the earliest practical date and, if warranted, the board may
						hold an emergency board meeting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 2 - APPLICATION PROCEDURES › Section 363.714 - Findings Required

Current through Reg. 49, No. 28; July 12, 2024
The board, by resolution, may approve an application for
						an emergency loan if the board finds:
(1) that an emergency exists;
(2) that the political subdivision cannot
					 finance the project without state assistance;
(3) that in its opinion the revenue or taxes
					 pledged by the political subdivision will be sufficient to meet all the
					 obligations assumed by the political subdivision; and
(4) that the public interest requires state
					 participation in the project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 2 - APPLICATION PROCEDURES › Section 363.715 - Notes and Loan Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
					 provide financial assistance to political subdivisions by either purchasing
					 bonds issued by the political subdivision or by purchasing a note and entering
					 into a loan agreement with the political subdivision. If a political
					 subdivision utilizes the note and loan agreement, the term of the loan shall
					 not be more than one year.
(b) If a
					 political subdivision executes a note and loan agreement with the board, the
					 political subdivision is not required to engage the services of a bond counsel
					 or a financial advisor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.722 - Release of Funds

Current through Reg. 49, No. 28; July 12, 2024
Funds for approved applications shall be released only
						after the applicant has completed all of the requirements of §
											363.721
						of this title (relating to Loan Closing), including execution of the loan
						documents.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.723 - Environmental Review Prior to Initiation of Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to initiation of construction, the
					 project must have a favorable executive administrator's recommendation which is
					 based upon a formal environmental review during planning, as provided under
					 §
											363.14
					 of this title (relating to Environmental Assessment).
(b) The executive administrator will advise
					 the board concerning projects that involve major economic or administrative
					 impacts to the applicant resulting from environmentally-related special
					 mitigative or precautionary measures from an environmental assessment under
					 §
											363.14
					 of this title (relating to Environmental Assessment) for board decision of
					 whether the loan recipient shall be allowed to use board funds to initiate
					 construction. The board may require a loan recipient to return funds that have
					 been released which the board determines should not be expended based on the
					 environmental review.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.724 - Engineering Design Approvals

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 political subdivision shall obtain executive administrator approval of contract
					 documents, including engineering plans and specifications, prior to receiving
					 bids and awarding the contract. The contract documents shall be consistent with
					 the engineering information submitted with the application and must contain the
					 following:
(1) provisions assuring compliance
					 with the board's rules and all relevant statutes;
(2) provisions providing for the political
					 subdivision to retain a minimum of 5.0% of the progress payments otherwise due
					 to the contractor until the building of the project is substantially complete
					 and a reduction in retainage is authorized by the executive
					 administrator;
(3) a contractor's
					 act of assurance form to be executed by the contractor which shall warrant
					 compliance by the contractor with all laws of the State of Texas and all rules
					 and published policies of the board; and
(4) any additional conditions that may be
					 requested by the executive administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION PHASE › Section 363.731 - Inspection During Construction

Current through Reg. 49, No. 28; July 12, 2024
After the construction contract is awarded, the political
						subdivision shall provide for adequate inspection of the project by a
						registered professional engineer and require the engineer's assurance that the
						work is being performed in a satisfactory manner in accordance with the
						approved plans and specifications, other engineering design or permit
						documents, approved alterations, and provisions for environmental mitigative
						measures. The executive administrator is authorized to inspect the construction
						and materials of any project at any time, but such inspection shall never
						subject the State of Texas to any action for damages. The political subdivision
						shall take corrective action as necessary to complete the project in accordance
						with approved plans and specifications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION PHASE › Section 363.732 - Alterations During Construction

Current through Reg. 49, No. 28; July 12, 2024
Any substantial alteration which involves a change in the
						basic purpose of a project, or which involves an increase in the loan
						commitment from the board for the project, must be approved and authorized by
						the board. All other changes must be approved by the executive
						administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION PHASE › Section 363.733 - Audits

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator is authorized to conduct
						engineering and financial audits of every project which is financed in whole or
						in part by board financial assistance. Audits may be conducted on site if
						necessary and board staff shall be provided access to all project records
						necessary to complete such audit. The political subdivision shall take actions
						to correct any items found to be in noncompliance with agreements relating to
						board financial assistance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION PHASE › Section 363.734 - Certificate of Approval

Current through Reg. 49, No. 28; July 12, 2024
Upon notice from the political subdivision and project
						engineer that the project was completed in accordance with approved plans and
						specifications, the executive administrator shall issue a certificate of
						completion. This certificate shall be called a certificate of
						approval.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter G - SMALL COMMUNITY EMERGENCY LOAN PROGRAM › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION PHASE › Section 363.735 - Release of Retainage

Current through Reg. 49, No. 28; July 12, 2024
After issuance of a certificate of approval, the final
						release of retainage may be made upon receipt of written authorization from the
						development fund manager.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.801 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern applications for financial
					 assistance to groundwater districts or authorities under the Water Assistance
					 Fund, established by Texas Water Code, Chapter 15, Subchapter B and Chapter 36,
					 Subchapter L. The funding program described in this subchapter shall be known
					 as the Groundwater District Loan Program. Unless in conflict with the
					 provisions of this subchapter, the provisions of Subchapter A of this title
					 (relating to General Provisions) shall also apply to applications for financial
					 assistance for the Groundwater District Loan Program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.802 - Loans

Current through Reg. 49, No. 28; July 12, 2024
The board may make loans under this subchapter for a period
					 not to exceed three years.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.803 - Criteria and Methods for Distribution of Funds

Current through Reg. 49, No. 28; July 12, 2024
Applications for assistance may be submitted at any time
					 and will be funded on a first-come, first-served basis, based on submission of
					 a completed application. A completed application is one that contains all of
					 the information required in §
										363.806
					 of this title (relating to Applications.)
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.804 - Eligible Applicant

Current through Reg. 49, No. 28; July 12, 2024
An eligible applicant is any district or authority created
					 under the Texas Constitution, Section 52, Art. III, or Section 59, Article XVI,
					 that has the authority to regulate the spacing of water wells, the production
					 from water wells, or both. The term "district" as used in this subchapter shall
					 apply to both districts and authorities which meet the eligibility requirements
					 of this section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.805 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
Loan funds may be used to fund or reimburse an applicant's
					 initial expenses, including start-up and operating costs. Eligible costs of the
					 applicant may include:
(1) creation
				  expenses, including election costs;
(2) salaries and payroll taxes;
(3) utilities;
(4) travel;
(5) insurance;
(6) building and office leases;
(7) office supplies and furniture;
(8) telephone and computer equipment;
				  and
(9) legal and professional
				  fees.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.806 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant shall submit an application
				  for financial assistance in writing and will accompany the written application
				  either with a telephone briefing or, if feasible, a meeting with board
				  staff.
(b) The following
				  information is required on all applications to the board for financial
				  assistance.
(1) General, Fiscal and Legal
				  Information. The application shall include:
(A) the name and address of the
				  applicant;
(B) a citation of the
				  law under which the applicant operates and was created;
(C) the amount of financial assistance being
				  requested;
(D) the name, address
				  and telephone numbers of the applicant's board members;
(E) the legal authority to pledge selected
				  revenues;
(F) the financing plan
				  for repaying the total cost of the loan;
(G) except for newly created districts, the
				  most recent annual financial statements and latest monthly and year-to-date
				  financial reports of the applicant;
(H) a certified copy of a resolution of the
				  applicant's governing body requesting financial assistance from the board,
				  authorizing the submission of the application, and designating the authorized
				  representative for executing the application and for appearing before the
				  board;
(I) an affidavit executed by
				  the authorized representative stating that the facts contained in the
				  application are true and correct to his/her best knowledge and belief; that the
				  applicant will comply with all representations in the application and with all
				  laws of the State of Texas and all rules and published policies of the board;
				  that there is no litigation or other proceeding pending or threatened against
				  the applicant wherein an adverse decision would materially adversely affect the
				  financial condition of the applicant or its ability to issue debt; and that the
				  application for financial assistance was considered and approved by the
				  governing body in an open meeting;
(J) a description of the initial operations;
				  and
(K) the total start-up cost of
				  the initial operations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.807 - Findings Required

Current through Reg. 49, No. 28; July 12, 2024
The board, by resolution, may approve the application if it
					 finds that:
(1) granting financial
				  assistance to the applicant will serve the public interest; and
(2) the revenue pledged by the applicant from
				  district taxes and fees and other sources will be sufficient to meet all the
				  obligations assumed by the applicant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.808 - Notes and Loan Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  provide financial assistance to applicants by purchasing a note and entering
				  into a loan agreement with the applicant.
(b) The applicant is not required to engage
				  the services of a bond counsel or a financial advisor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.809 - Loan Closing

Current through Reg. 49, No. 28; July 12, 2024
(a) Loan documents.
				  Loan documents shall be executed at the time of closing and shall include the
				  following:
(1) the term of the loan and a
				  schedule for repayment of principal and interest;
(2) the interest rates for the loan, which
				  will be set as the standard rate under §
											363.33(a)(3)
				  of this title (relating to Interest Rates for Loans and Purchase of Board's
				  Interest in State Participation Projects);
(3) that an annual audit of the applicant,
				  prepared in accordance with generally accepted auditing standards by a
				  certified public accountant or licensed public accountant, be provided annually
				  to the executive administrator for the term of the loan;
(4) that a final accounting be made to the
				  executive administrator of the total sources and authorized use of loan funds
				  if so requested by the executive administrator;
(5) that the applicant shall levy and collect
				  taxes and/or charges to provide adequate revenue to pay principal and interest
				  on the loan as it comes due.
(6)
				  that the applicant will apply any unused funds to the repayment of loan
				  principal in inverse order of maturity;
(7) that the applicant shall maintain
				  current, accurate and complete records and accounts necessary to demonstrate
				  compliance with financial assistance related legal and contractual
				  provisions;
(8) any additional
				  conditions that may be imposed by the board or requested by the executive
				  administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.810 - Release of Funds

Current through Reg. 49, No. 28; July 12, 2024
Funds for approved applications shall be released only
					 after the applicant has completed all of the requirements of §
										363.809
					 of this title (relating to Loan Closing), including execution of the loan
					 documents.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter H - GROUNDWATER DISTRICT LOAN PROGRAM › Section 363.811 - Audits

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator is authorized to conduct
					 financial audits of every loan which is financed in whole or in part by board
					 financial assistance, including the financing of start-up and operating costs
					 of a district. Audits may be conducted on site if necessary, and board staff
					 shall be provided access to all district records necessary to complete such
					 audit. The district shall take actions to correct any items found to be in
					 noncompliance with agreements relating to board financial
					 assistance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 1 - INTRODUCTORY PROVISIONS › Section 363.901 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern applications for loans of
						financial assistance to rural communities for the construction of water and
						wastewater facilities under the rural community water and wastewater loan fund
						established by Texas Water Code, Chapter 15, Subchapter O. The funding program
						described in this subchapter shall be known as the Pilot Program for Water and
						Wastewater Loans to Rural Communities. Unless in conflict with the provisions
						of this subchapter, the provisions of Subchapter A of this chapter shall also
						apply to applications for financial assistance from the Pilot Program for Water
						and Wastewater Loans to Rural Communities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 1 - INTRODUCTORY PROVISIONS › Section 363.902 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, shall have the following meanings, unless the context clearly
						indicates otherwise.
(1) Fund--The
					 rural community water and wastewater loan fund.
(2) Rural community--A municipality or county
					 with a population of less than 5,000 or a district or authority created under
					 the Texas Constitution, §52, Article III or §59, Article XVI, with a
					 population of less than 5,000 that is located outside the boundaries or
					 extraterritorial jurisdiction of a municipality.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 1 - INTRODUCTORY PROVISIONS › Section 363.903 - Use of the Fund

Current through Reg. 49, No. 28; July 12, 2024
The fund may be used to provide loans to rural
						communities for the construction, acquisition, or improvement of water and
						wastewater projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 1 - INTRODUCTORY PROVISIONS › Section 363.904 - Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
The terms of a loan may not exceed 20 years. No loan
						origination fee will be charged for loans provided under this
						subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 1 - INTRODUCTORY PROVISIONS › Section 363.905 - Loan Agreement and Promissory Note

Current through Reg. 49, No. 28; July 12, 2024
The board may make financial assistance available to a
						rural community by entering into a loan agreement and promissory note. The loan
						agreement will provide for the payment of principal and interest on the debt
						and other terms and conditions of the loan. The rural community must execute a
						promissory note, payable to the board, to evidence the obligation to repay the
						loan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 1 - INTRODUCTORY PROVISIONS › Section 363.906 - Sales and Use Tax as Loan Security

Current through Reg. 49, No. 28; July 12, 2024
A rural community that is a municipality or county may
						pledge a percentage of the sales and use tax revenue that is received to the
						payment of debt incurred under a loan agreement entered into with the board,
						subject to authorization by a majority of the voters at an election called and
						held for that purpose.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 2 - APPLICATION PROCEDURES › Section 363.921 - Applications

Current through Reg. 49, No. 28; July 12, 2024
A rural community seeking loan assistance shall submit a
						written application for financial assistance which includes:
(1) the citation of the law under which the
					 rural community operates and was created;
(2) a description of the water or wastewater
					 project for which the financial assistance will be used;
(3) the total cost of the project;
(4) the name of the rural community and its
					 principal officers;
(5) the amount
					 of state financial assistance requested;
(6) the plan for repaying the total cost of
					 the project;
(7) whether the rural
					 community has adopted a program of water conservation;
(8) any other information the executive
					 administrator requires to evaluate the application; and
(9) an affidavit stating that:
(A) the facts and information contained in
					 the application are true and correct;
(B) the applicant will comply with all
					 representations in the application and with all laws of the state and all rules
					 and policies of the board;
(C)
					 there is no litigation or other proceeding pending or threatened where an
					 adverse decision would materially adversely affect the financial condition of
					 the applicant or its ability to issue debt; and
(D) the application for financial assistance
					 was approved by the governing body in an open meeting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 2 - APPLICATION PROCEDURES › Section 363.922 - Environmental Review before Board Approval

Current through Reg. 49, No. 28; July 12, 2024
Board staff will use preliminary environmental data
						provided by the rural community, as specified in §
											363.14
						of this title (relating to Environmental Assessment) and make a written report
						to the executive administrator on known or potentially significant social or
						environmental concerns. The executive administrator may recommend approval of
						the project to the board if, based on preliminary information, there appear to
						be no significant environmental, permitting, or social issues associated with
						the project. Where a loan agreement is utilized, the loan agreement will
						provide the terms and conditions for completion of the environmental review
						process, which will be consistent with §
											363.14
						of this title and with identified mitigation measures with the intent to ensure
						environmentally responsible and legally compliant project design and
						implementation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 2 - APPLICATION PROCEDURES › Section 363.923 - Approval of Application

Current through Reg. 49, No. 28; July 12, 2024
The board by resolution may approve an application for a
						loan if the board finds that:
(1) the
					 public interest requires state participation in the project;
(2) the revenue or taxes pledged will be
					 sufficient to meet all the obligations assumed by the rural community during
					 the loan period; and
(3) the
					 project meets needs in a manner consistent with the State Water Plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.932 - Release of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Release of
					 funds for planning, design and permits. Prior to the release of funds for
					 planning, design, and permits, the rural community shall submit for approval to
					 the executive administrator the following documents:
(1) a statement as to sufficiency of funds to
					 complete the activity;
(2)
					 certified copies of each contract under which revenues for repayment of the
					 rural community's debt will accrue;
(3) executed consultant contracts relating to
					 services provided for planning, design, and/or permits;
(4) unless funds are released under the
					 pre-design funding option, evidence that the requirements and regulations of
					 all identified local, state, and federal agencies having jurisdiction have been
					 met, including but not limited to permits and authorizations; and
(5) other such instruments or documents as
					 the board or executive administrator may require.