reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.64 - Board's Environmental Finding: Finding of No Significant Impact

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and applicability. A Finding of
					 No Significant Impact (FONSI) may be issued if the proposed action will not
					 have a significant effect on the human environment. A FONSI shall be based upon
					 the information submitted by the Applicant and upon the environmental
					 assessment (EA) prepared by the executive administrator.
(b) Environmental Assessment. An
					 Environmental Assessment is required when the proposed project is expected to
					 result in environmental impacts and the significance of those impacts is not
					 known. When the executive administrator preliminarily determines that the
					 impacts will not be significant and may be addressed by ordinary mitigation
					 measures, then an Environmental Assessment will be prepared. An Environmental
					 Assessment is not required if the proposed action is categorically excluded or
					 if an Environmental Impact Statement is required.
(c) Contents of an Environmental Assessment.
(1) An Environmental Assessment shall include
					 a brief discussion of the following:
(A) the
					 purpose and need for the proposed project and an estimate of cost of the
					 project;
(B) the alternatives
					 considered, including the no action alternative, and the reasons for the
					 rejection or acceptance of the alternatives;
(C) the affected environment, including
					 baseline conditions that may be impacted by the proposed actions and the
					 alternatives;
(D) the environmental
					 impacts of the proposed project and the alternatives, including any unresolved
					 conflicts concerning alternative use of available resources; and
(E) applicable environmental laws and
					 executive orders.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.65 - Applicant Requirements: Environmental Information Document

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant shall prepare an
					 Environmental Information Document (EID) in consultation with the executive
					 administrator for projects that have potential adverse environmental impacts
					 and the significance of those impacts is not known. The executive administrator
					 will provide guidance on the format and contents of the EID prior to the
					 initiation of planning for the proposed project or as soon as practicable upon
					 receipt of an application. An EID is not required when:
(1) the project is eligible for a CE or
					 requires the preparation of an EIS;
(2) the Applicant submits a previous
					 environmental finding that meets CWSRF program requirements, including
					 compliance with the NEPA; or
(3)
					 the Applicant prepares and submits a draft EIS and supporting documents that
					 meet CWSRF program requirements, including compliance with the NEPA.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.66 - Environmental Impact Statements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose and applicability. An EIS examines impacts from the proposed project
					 that are significantly affecting the human environment, requires close
					 coordination with the Board and other agencies, and is the primary basis for
					 the Board's issuance of a Record of Decision.
(b) Required EIS. An EIS shall be prepared
					 for:
(1) new regional water supply systems
					 for a community with a population greater than 100,000;
(2) actions likely to have a significant
					 adverse effect on:
(A) local ambient air
					 quality;
(B) local ambient noise
					 levels;
(C) surface water
					 reservoirs or navigation projects;
(D) the environment due to the releases of
					 radioactive, hazardous, or toxic substances or biota;
(E) federal or state natural landmarks or any
					 property eligible for the national or state register of historic places;
					 or
(F) environmentally important
					 natural resources such as wetland, floodplains, significant agricultural lands,
					 aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers,
					 and significant fish or wildlife habitat;
(3) actions inconsistent with federal, state,
					 local, or Indian tribe environmental, resources protection, or land use laws or
					 approved land use plans or regulations;
(4) actions likely to significantly affect
					 the pattern and type of land use or growth and distribution of population,
					 including altering the character of residential areas;
(5) actions that in conjunction with federal,
					 state, local, or Indian tribe projects are likely to produce significant
					 cumulative impacts; and
(6) actions
					 with uncertain environmental effects or highly unique environmental risks that
					 are likely to be significant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.67 - Decision to Prepare an Environmental Impact Statement: Notice of Intent

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of Intent (NOI) to prepare an EIS.
					 When the executive administrator recommends the issuance of an EIS, a NOI will
					 be published in the
Texas Register
in order to provide the
					 public with the opportunity to participate in a scoping meeting.
(b) Contents of NOI. The NOI shall contain
					 information about a scoping meeting which shall be held no sooner than fifteen
					 days after the publication of the notice of intent. The public comment period
					 for the proposed scope of the EIS shall be at least forty-five days.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.68 - Board's Environmental Finding: Record of Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) General. A Record of Decision (ROD)
					 results from an extensive environmental review of a proposed project's
					 potential environmental impacts as detailed in an EIS.
(b) Contents of ROD. A ROD must include the
					 following components:
(1) a brief description
					 of the proposed project and the alternatives considered in the EIS as well as
					 the environmental factors considered and the project's impacts;
(2) commitments to implement mitigation
					 measures;
(3) an explanation if the
					 environmentally preferred alternative was not selected;
(4) responses to substantive comments on the
					 final EIS;
(5) the executive
					 administrator's statement that the Applicant has committed to the mitigation
					 measures and that the Applicant has the ability and the authority to fulfill
					 the commitment to the measures; and
(6) the date of issuance and the signature of
					 the executive administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.69 - Applicant Requirements: Environmental Impact Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) Third party contractor. The Applicant
					 shall contract with a third-party contractor at its own expense to prepare an
					 EIS and any associated documents required for consideration by the executive
					 administrator.
(b) Executive
					 administrator approval. The executive administrator must approve of and
					 participate in the Applicant's selection of the third-party contractor. The
					 third party contractor shall be selected on the basis of its qualifications to
					 prepare the EIS, including experience with data collection and analyses as well
					 as with the clear presentation of information and data. The third-party
					 contractor shall be responsible for providing technical advice to the Applicant
					 and for receiving and incorporating technical advice from the executive
					 administrator.
(c) The third-party
					 contractor shall not have any financial or other interest in the proposed
					 project and must submit a disclosure statement to the executive administrator
					 documenting the fact that it has no financial or other interest in the
					 project.
(d) Contract with third
					 party. The Applicant and the executive administrator must agree to the creation
					 and terms of a contract with the third party jointly selected by them to
					 prepare the EIS. The contract terms must ensure that the third party does not
					 have recourse to the Board or the EPA for financial or other claims arising
					 under the contract.
(e) The
					 third-party contractor shall cooperate with the executive administrator and
					 shall provide draft documents, analyses, and conclusions that adequately assess
					 the relevant environmental issues for review, comment, and direction from the
					 executive administrator. The executive administrator shall have sole
					 responsibility to ensure that the EIS and any associated documents adequately
					 address the relevant environmental issues.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.70 - Proposed Project Alterations

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Proposed project changes during review. The Applicant must notify the executive
					 administrator if during the environmental review process, the Applicant:
(1) changes its plans for the project as
					 originally submitted; or
(2)
					 changes its schedule for the project from the originally submitted
					 schedule.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.71 - Use of Previously Prepared Environmental Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) Adoption of a previous environmental
					 finding. Previous environmental findings issued by the EPA and other agencies
					 may be adopted in accordance with this section, provided that the finding was
					 produced through procedures in compliance with the NEPA. The executive
					 administrator must re-evaluate the proposed financial assistance application as
					 well as environmental conditions and public comment to determine whether to
					 conduct a supplemental environmental review of the action and complete an
					 appropriate document in compliance with the NEPA, or to reaffirm the original
					 finding.
(b) Previously required
					 mitigation measures. Any and all mitigation measures specified in the previous
					 finding for the applicable project components shall be applied as conditions of
					 the commitment and closing for financial assistance documents and shall be
					 consistent with the requirements of this subchapter.
(c) Method of adoption of a previous
					 environmental finding. The previous finding will be adopted through the
					 issuance of a Statement of Findings when the proposed project and its previous
					 finding will be adopted without substantial modifications. The previous finding
					 may also be adopted in a FONSI.
(d)
					 Validity of previous environmental findings and re-evaluation. An environmental
					 finding shall be re-evaluated if it was issued five years or more prior to the
					 executive administrator's environmental review and if:
(1) the proposed project has not yet been
					 implemented;
(2) there has been
					 substantial change in the proposed infrastructure project that is relevant to
					 environmental concerns; and
(3)
					 there are significant new circumstances or information relevant to
					 environmental impacts of the proposed action.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Division 2 - FEDERAL PROJECTS › Section 375.72 - Emergency Relief Project Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) If
					 an Applicant requests funding for an emergency relief project, the executive
					 administrator shall review all information relevant to the emergency, proposed
					 project, status of environmental review of the proposed project, known issues
					 with the natural or cultural environment of the project area, and availability
					 of funding.
(b) If an emergency
					 condition described in §
											375.60(3)
					 of this title (relating to Definitions) is present, the Board may authorize
					 funding for the emergency relief project, subject to availability of funds,
					 without full preparation or public review of NEPA review documentation
					 (including a CE finding, EA, or EIS) if the executive administrator determines
					 that:
(1) delaying commencement of project
					 construction during the period it would take to prepare, review, and circulate
					 NEPA documentation would increase the imminent peril to the public health,
					 safety, environment, or welfare; and
(2) consultations required by the Endangered
					 Species Act and National Historic Preservation Act have been completed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter F - ENGINEERING REVIEW AND APPROVAL › Section 375.80 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to financial assistance for
					 non-equivalency and equivalency projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter F - ENGINEERING REVIEW AND APPROVAL › Section 375.81 - Engineering Feasibility Report

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Applicant shall submit an engineering feasibility report signed and sealed by a
				  professional engineer registered in the State. The report, based on guidelines
				  provided by the executive administrator, shall provide:
(1) a description and purpose of the
				  project;
(2) the names of the
				  entities to be served, along with the current and future population;
(3) the cost of the project;
(4) a description of the alternatives
				  considered and reasons for selection of the project proposed;
(5) sufficient information to evaluate the
				  engineering feasibility;
(6) maps
				  and drawings as necessary to locate and describe the project area;
(7) sufficient detail to document how the
				  project will remedy the issues and problems that were evaluated for rating on
				  the IUP;
(8) information showing
				  the project is cost effective, and for projects that implement new systems or
				  significantly alter current systems a detailed cost-effective analysis,
				  including detailed operation and maintenance costs, may be requested to
				  document program eligibility;
(9) a
				  detailed project schedule with timelines for each phase of the project and the
				  milestones within each phase of the project; and
(10) any other information or data necessary
				  to evaluate the proposed project. The Applicant must submit any additional
				  information requested by the executive administrator to document the project's
				  eligibility for funding by the program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter F - ENGINEERING REVIEW AND APPROVAL › Section 375.82 - Contract Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Contract
				  documents include the documents that form the construction contracts and the
				  documents that form the contracts for alternative methods of project delivery,
				  which may include the construction phase or other phases of the
				  project.
(b) Unless otherwise
				  specified by the executive administrator, an Applicant must submit at least one
				  paper and one electronic copy of proposed contract documents, including the
				  engineering plans and specifications, which must be as detailed as would be
				  required for submission to contractors bidding on the work. The Applicant must
				  provide the executive administrator with all contract documents proposed for
				  bid advertising. The executive administrator will review contract documents:
(1) to ensure consistency with the approved
				  engineering feasibility report and with approved environmental planning
				  documents;
(2) to ensure the
				  proposed construction drawings and specifications provide adequate information
				  so that a contractor can bid and construct the project without additional
				  details or directions;
(3) to
				  ensure compliance with Commission rules at 30 TAC Chapter 217 (relating to
				  Design Criteria for Domestic Wastewater Systems) and other applicable state and
				  federal laws and rules;
(4) to
				  ensure the contract documents notify the contractor about the Board's authority
				  to audit project files and inspect during construction; and
(5) to ensure compliance with other
				  requirements as provided in guidance forms and documents, including any
				  additional documentation required by EPA for equivalency projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter F - ENGINEERING REVIEW AND APPROVAL › Section 375.83 - Advertising and Awarding Construction Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicable laws and rules. The Applicant
				  shall comply with State procurement laws and rules and with applicable federal
				  procurement rules depending on the equivalency requirements for the financial
				  assistance.
(b) Executive
				  administrator approval required. The Applicant shall not proceed to advertising
				  for bids on the project without express written approval of the solicitation
				  documents by the executive administrator. If the applicant proceeds to
				  advertising without approval, it may affect eligibility for funding.
(c) Changes prior to award. If the Applicant
				  needs to alter the plans, specifications, or contract documents after the
				  executive administrator's approval, then the Applicant shall:
(1) provide the information and reasons
				  relating to the changes if changes are required prior to bidding. The executive
				  administrator must affirmatively approve any changes prior to
				  advertising.
(2) Changes that occur
				  after advertising must be incorporated into an addendum and provided to the
				  executive administrator for approval as part of the bidding process.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter F - ENGINEERING REVIEW AND APPROVAL › Section 375.84 - Use of Alternative Delivery Guidance

Current through Reg. 49, No. 28; July 12, 2024
An applicant choosing to follow an alternative delivery
					 method must elect to do so, and notify the Board, prior to commitment of TWDB
					 funds. Once a funding request is approved by the Board, release of funds for
					 project-specific tasks is governed by the provisions of the Alternative
					 Delivery Guidance rather than the rules and procedures generally applied to
					 Design-Bid-Build project delivery as set out in Subchapters F, G, and H of this
					 Chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter G - LOAN CLOSINGS AND AVAILABILITY OF FUNDS › Section 375.90 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to financial assistance for
					 non-equivalency and equivalency projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter G - LOAN CLOSINGS AND AVAILABILITY OF FUNDS › Section 375.93 - Disbursement of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Escrow of
				  funds. The executive administrator may deposit funds into an escrow account at
				  the time of closing of the financial assistance. Releases from an escrow
				  account shall occur on a reimbursement method as described in subsection (b),
				  sequentially based on milestones as described in subsection (c) of this
				  section, or in accordance with phasing required for the applicable project. The
				  Applicant must submit outlays for all expenses incurred.
(b) Method of release of funds to
				  construction account. There are two methods for the release of funds from the
				  escrow account to the construction account depending on whether there is a
				  principal forgiveness component. If there is no principal forgiveness, then the
				  funds are released from the escrow account to the construction account when the
				  Applicant has achieved the project milestones described in subsection (c) of
				  this section or has completed the phases as approved by the Board, and requests
				  in writing a release of funds. If there is a principal forgiveness component,
				  then funds are released on a reimbursement method. The executive administrator
				  may issue a written authorization for the release of funds from an escrow
				  account based on the receipt of outlay reports supported by detailed invoices
				  of expenditures. The outlays and the releases from an escrow account must be
				  consistent with the approved project schedule. In addition, for all financial
				  assistance the executive administrator may approve the deposit of funds for
				  certain costs into the construction account at the time of closing on the
				  financial assistance.
(c) Sequence
				  of availability of funds. Financial assistance shall be available for
				  disbursement in the following sequence:
(1)
				  for planning and permitting costs, after receipt of executed contracts for the
				  planning or permitting phase, and after approval of a water conservation plan
				  and a project schedule;
(2) for
				  design costs, after receipt of executed contracts for the design, after
				  approval of an engineering feasibility report, and after completion of the
				  environmental review; and
(3) for
				  construction costs, after issuance of any applicable permits, after acquisition
				  documents and contract documents (including plans and specifications) are
				  approved and executed, and after the executive administrator has approved the
				  issuance of a Notice to Proceed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter G - LOAN CLOSINGS AND AVAILABILITY OF FUNDS › Section 375.94 - Remaining Unused Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Remaining
				  unused funds are those funds unspent after the original approved project is
				  completed. Remaining unused funds may be spent for enhancements to the original
				  project that are explicitly approved by the executive administrator, including
				  green components.
(b) If there are
				  no enhancements authorized, the Applicant must submit a final accounting and
				  disposition of any unused funds as specified in §375.106 (relating to
				  Final Accounting).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.100 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to financial assistance for
					 non-equivalency and equivalency projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.101 - Inspection During Construction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicant's inspection. The Applicant shall provide for the adequate qualified
				  inspection of the project under the supervision of a registered engineer and
				  shall require the engineer's assurance that the work is being performed in a
				  satisfactory manner in accordance with the approved plans, specifications, and
				  other engineering design or permit documents, approved alterations or changes,
				  and in accordance with the requirements in the environmental finding applicable
				  to the project, and using sound engineering principles and construction
				  practices.
(b) Board's site visits.
				  The executive administrator may conduct site visits regarding the construction
				  and materials of any project at any time. The purpose of the site visits is to
				  determine whether the contractor is substantially complying with the approved
				  engineering plans of the project and is constructing the project in accordance
				  with the approved project schedule. The site visits do not subject the state to
				  any civil liability.
(c) Scope of
				  inspections. Inspections may include, but are not limited to:
(1) on-site observations, review of the
				  conditions at the construction sites, including compliance with environmental
				  mitigation measures;
(2) review of
				  documents related to the construction projects, including but not limited to:
(A) payroll, daily attendance, and any other
				  records relating to person employed during the construction, and records
				  relating to the Davis-Bacon Act and related federal laws and regulations
				  relating to prevailing wage rates;
(B) invoices, receipts for materials,
				  accounting ledgers, and any other documents related to expenditure of funds to
				  facilitate tracking project's progress;
(C) evidence of testing of installed
				  materials and equipment;
(D)
				  deviations from approved plans and specifications;
(E) change orders and supporting
				  documents;
(F) compliance with
				  EPA's American Iron and Steel requirements; and
(G) review of any other documents to ensure
				  compliance with the terms of the approved contract documents and the Board's
				  rules.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.102 - Alterations During Construction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Changes after approval of engineering feasibility report. The Applicant shall
				  notify the executive administrator of any changes to the project that occur
				  after the approval of the report but prior to the start of construction. The
				  executive administrator shall review the proposed changes and notify the
				  Applicant if additional engineering or other information is required. For
				  wastewater treatment plants or other facilities required to have Commission
				  approval, the Commission must give its approval before any substantial or
				  material changes are made in the plans. No changes may be implemented without
				  the express written approval of the executive administrator.
(b) Changes during construction. Any proposed
				  change to the construction contract must be submitted to the executive
				  administrator in the form of a formal change order; the change order will be
				  reviewed for compliance with program requirements. Depending upon the scope and
				  complexity of the proposed change, approval by the executive administrator also
				  may require amendments to other engineering and environmental
				  documents.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.103 - Force Account

Current through Reg. 49, No. 28; July 12, 2024
Force Account Policy. The executive administrator expects
					 that all significant elements of a project shall be constructed with skilled
					 laborers and mechanics obtained through the competitive bidding process.
					 Notwithstanding that expectation, the Applicant, with the prior approval of the
					 executive administrator, may utilize its own employees and equipment for
					 inspection or minor construction upon showing that it possesses the necessary
					 competence required to accomplish such work and that the work can be
					 accomplished more economically by the use of the force account
					 method.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.104 - As Built Plans

Current through Reg. 49, No. 28; July 12, 2024
After a project is completed, the Applicant shall notify
					 the executive administrator of the receipt of a complete set of as-built
					 drawings of the project from the project construction
					 engineer.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.105 - Certificate of Approval and Project Completion

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. A Certificate of Approval
				  (certificate) shall be issued by the executive administrator upon the
				  completion of all work under each prime construction contract.
(b) Final prime construction contract. A
				  certificate shall be issued at the completion of all work under the final prime
				  construction contract. This certificate will be transmitted to the Applicant as
				  well as a statement that the project is complete and that the Board's
				  inspection process is complete.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.106 - Final Accounting

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 60 days
				  of Applicant's receipt of the certificate of approval for the final prime
				  construction contract and the final inspection report, the Applicant shall
				  submit a final accounting and a final funds requisition form.
(b) After the final accounting, the executive
				  administrator shall notify the Applicant if remaining surplus funds exist and
				  advise the Applicant that the remaining surplus funds may be used in a manner
				  as approved by the executive administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.107 - Records Retention

Current through Reg. 49, No. 28; July 12, 2024
The Applicant shall retain all documents, records, and
					 invoices whether in electronic form or otherwise relating to the expenditure of
					 all financial assistance from the CWSRF for a period of three full state fiscal
					 years after the completion of the project and the final certificate of
					 approval.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.108 - Release of Retainage

Current through Reg. 49, No. 28; July 12, 2024
(a) Retainage. The
				  Applicant will withhold a minimum of five percent of each progress payment
				  throughout the course of the construction contract.
(b) Full release of retainage. The executive
				  administrator will approve the full release of retainage on a contract when:
(1) the Applicant's engineer approves the
				  contractor's request for release of retainage;
(2) the Applicant's governing body approves
				  the release of retainage; and
(3)
				  the executive administrator issues the Certificate of Approval.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.109 - Responsibilities of Applicant

Current through Reg. 49, No. 28; July 12, 2024
After the satisfactory completion of the project, the
					 Applicant remains responsible for compliance with applicable laws and rules
					 relating to the project and to the financial assistance documents required by
					 the Board resolution or the bond ordinance or resolution, including but not
					 limited to submission of an annual audit, implementation and enforcement of the
					 approved water conservation plan and other assurances made to the Board. The
					 Board has a continuing interest in the State's investment and therefore, the
					 Applicant will be subject to the continuing authority of the Board and the
					 executive administrator through final payment of the financial
					 assistance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.110 - Authority of the Executive Administrator

Current through Reg. 49, No. 28; July 12, 2024
(a) The financial assistance provided by the
				  Board is based on the project's economic feasibility, and the Board shares the
				  Applicant's desire to maintain this feasibility in the project's operation and
				  maintenance at all times. The executive administrator shall periodically
				  inspect, analyze, and monitor the project's revenues, operation, and any other
				  information the Board requires in order to perform its duties and to protect
				  the public interest.
(b) After
				  construction is complete, the executive administrator is authorized:
(1) to inspect the project at any time. If
				  the executive administrator determines that the project is being improperly or
				  inadequately operated and maintained to the extent that the project purposes
				  are not being properly fulfilled or that integrity of the State's investment is
				  being endangered, the executive administrator may require the Applicant to take
				  corrective action;
(2) to inspect
				  certified copies of all minutes, operating budgets, monthly operating
				  statements, contracts, leases, deeds, audit reports, and other documents
				  concerning the operation and maintenance of the project;
(3) to inspect and review the project and to
				  obtain information through documents or interviews with appropriate personnel
				  to ensure the Applicant is complying with the requirements of the covenants of
				  the bond indenture and/or the master agreement;
(4) to inspect accounting and financial
				  records to ensure that the Applicant maintains debt service fund accounts and
				  all other fund accounts related to the CWSRF debt in accordance with standards
				  set forth by the Governmental Accounting Standards Board; and
(5) to request the Applicant to determine the
				  status of compliance with mitigation measures as required in the final
				  environmental determination.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS › Section 375.111 - Disallowance of Project Costs and Remedies for Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
If the Applicant does not comply with applicable laws and
					 rules relating to the project and to the financial assistance documents, the
					 executive administrator may take any of the following actions:
(1) impose additional conditions to remedy
				  the noncompliance;
(2) withhold
				  releases from escrows or disbursements until the Applicant comes into
				  compliance;
(3) refrain from
				  closing on existing commitments;
(4) disallow all or part of the cost of a
				  project expenditure that is not in compliance;
(5) allow a substitution of eligible cost
				  activities for disallowed costs or require repayment of disallowed costs, at
				  the discretion of the executive administrator; and
(6) take other remedial actions that may be
				  legally available.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.200 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to a program for linked deposits to
					 eligible lending institutions to allow the lending institutions to provide
					 loans for nonpoint source pollution control projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.201 - Definitions

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) Eligible
				  lending institution--A financial institution that makes commercial loans, is
				  either designated as an official state depository by the Texas comptroller of
				  public accounts, herein referred to as a state depository, or an institution of
				  the Farm Credit System headquartered in this state, agrees to participate in a
				  linked deposit program established under §
										15.611 of
				  the Water Code, and is willing to agree to provide collateral equal to the
				  amount of linked deposits placed with it.
(2) Individual water quality management
				  plan--An approved land management plan that considers site-specific
				  characteristics (such as soil types, slope, climate, vegetation, and land
				  usage) to improve or conserve water resources.
(3) Linked deposit--A deposit governed by a
				  linked deposit agreement between the Board and an eligible lending institution
				  that requires that:
(A) the eligible lending
				  institution pay interest to the Board on the deposit at a rate equal to the
				  asking yield for a U.S. Treasury note with a twelve-month maturity as of the
				  date five days preceding the submission of all the documents required of the
				  eligible lending institution requesting a linked deposit agreement;
(B) the state not withdraw any part of the
				  deposit except as according to the terms of the linked deposit agreement and
				  the terms of this division; and
(C)
				  the eligible lending institution agrees to lend the value of the deposit to a
				  person at a rate not to exceed the interest paid by the eligible lending
				  institution to the Board plus four percent.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.202 - Authorization to Execute Agreements

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator is authorized to execute a
					 linked deposit agreement with an eligible lending institution to provide funds
					 from the CWSRF program account according to and in compliance with this
					 division.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.203 - Conditions Prior to Execution

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before the executive administrator may execute a linked deposit agreement, a
				  lending institution shall submit to the executive administrator:
(1) the application of a person determined by
				  the eligible lending institution to be eligible and creditworthy to receive a
				  loan according the criteria of the institution;
(2) a draft loan agreement with such person
				  that:
(A) identifies the principal amount of
				  the loan that shall not exceed $250,000;
(B) identifies the interest rate to be paid
				  by the borrower that shall not exceed the interest rate paid by the eligible
				  lending institution to the Board plus four percent;
(C) includes a repayment schedule that
				  identifies the dates on which payments are due from the loan recipient to the
				  lending institution;
(D) limits the
				  use of the loan funds to the project which is certified pursuant to this
				  subchapter; and
(E) contains all
				  such other terms and conditions determined by the eligible lending institution
				  in its sole discretion to be reasonable for the purposes of a private loan
				  agreement;
(3) a
				  certification:
(A) from the eligible lending
				  institution of the interest rate applicable to the proposed loan;
(B) for proposed project as identified under
				  this subchapter; and
(4)
				  such other information or documentation as determined by the executive
				  administrator to be reasonable and necessary to fulfill the objectives of this
				  division.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.204 - Project Certifications

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  proposed project is an agricultural or silvicultural nonpoint source pollution
				  control project, in order to be eligible to receive a linked deposit a director
				  of a soil and water conservation district for the district in which the project
				  is located must certify that:
(1) the loan
				  recipient has a water quality management plan certified by the State Soil and
				  Water Conservation Board; and
(2)
				  the project furthers or implements such plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.205 - Board Obligations in Linked Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon execution of a linked deposit
				  agreement by the executive administrator and an eligible lending institution,
				  the Board, acting through its executive administrator, shall:
(1) deposit with the lending institution the
				  amount of funds identified in the linked deposit agreement from the CWSRF
				  program account; and
(2) perform
				  such other terms and conditions as specified in the linked deposit
				  agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.206 - Lending Institutions Obligations in Linked Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon execution of a linked deposit
				  agreement and receipt of funds from the Board, the lending institution shall:
(1) provide collateral as required in this
				  subchapter;
(2) lend the value of
				  the deposit being provided by the Board substantially according to the terms
				  and conditions of the draft loan agreement submitted by the lending institution
				  to the executive administrator;
(3)
				  pay to the Board interest on the deposit at a rate equal to the asking yield
				  for a U.S. Treasury note with a twelve-month maturity as of the date five days
				  preceding the submission of all the documents required of the eligible lending
				  institution to the executive administrator requesting a linked deposit
				  agreement;
(4) submit compliance
				  reports to the executive administrator annually providing information on loans
				  made, the performance of the terms of the loan by the person receiving the loan
				  from the lending institution, and such other information or documents as
				  specified in the linked deposit agreement;
(5) return the amount of funds provided as a
				  linked deposit as specified in the linked deposit agreement; and
(6) perform such other terms and conditions
				  as specified in the linked deposit agreement, this subchapter, the rules of the
				  Board, and applicable federal and state law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.207 - Requirements after Execution

Current through Reg. 49, No. 28; July 12, 2024
After the executive administrator has executed a linked
					 deposit agreement, the executive administrator shall:
(1) at the next available Board meeting and
				  each month thereafter, provide a report to the Board that:
(A) identifies all linked deposit agreements;
				  and
(B) the status of the loans
				  made by lending institutions; and
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.208 - No State Liability

Current through Reg. 49, No. 28; July 12, 2024
The state is not liable to an eligible lending institution
					 for payment of the principal, interest, or any late charges on a loan made to
					 an approved Applicant. A linked deposit is not an extension of the state's
					 credit within the meaning of any state constitutional
					 prohibition.