reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.43 - Administrative, Regulatory, and Legislative Recommendations

Current through Reg. 49, No. 28; July 12, 2024
RFPGs shall develop and include in their flood
					 plans:
(1) legislative recommendations
				  that they consider necessary to facilitate floodplain management and flood
				  mitigation planning and implementation;
(2) other regulatory or administrative
				  recommendations that they consider necessary to facilitate floodplain
				  management and flood mitigation planning and implementation;
(3) any other recommendations that the RFPG
				  believes are needed and desirable to achieve its regional flood mitigation and
				  floodplain management goals; and
(4) recommendations regarding potential new
				  revenue-raising opportunities including potential new municipal drainage
				  utilities or regional flood authorities that could fund the development,
				  operation, and maintenance of floodplain management or flood mitigation
				  activities in the region.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.44 - Flood Infrastructure Financing Analysis

Current through Reg. 49, No. 28; July 12, 2024
RFPGs shall indicate how individual local governments,
					 regional authorities, and other political subdivisions in their region propose
					 to finance the region's recommended FMSs, FMPs, and FMEs included in their
					 flood plan. The assessment shall also describe what role the RFPG proposes for
					 the state in financing recommended FME, FMPs, and FMSs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.45 - Implementation and Comparison to Previous Regional Flood Plan

Current through Reg. 49, No. 28; July 12, 2024
Each RFPG shall, in accordance with guidance from the
					 EA:
(1) collect information from local
				  sponsors of FMEs, FMPs and FMSs on implementation of previously recommended
				  FMPs and provide to the EA;
(2) as
				  projects are implemented, incorporate those improvements and associated
				  flood-risk reduction benefits into the plan and reflect in the subsequent RFPs;
				  and
(3) include a general
				  description of how the new RFP differs from the previous plan including with
				  regard to the status of existing flood infrastructure, flood mitigation
				  achieved, goals, and recommended projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter D - ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL FLOOD PLANS › Section 361.50 - Adoption, Submittal, Notifications, and Approval of Regional Flood Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) The RFPGs shall
				  approve each recommended FME, FMP, and FMS by a vote and shall adopt their
				  draft and final RFPs by a vote and submit their final adopted RFPs to the Board
				  every five years on a date to be determined by the EA, as modified by
				  subsection (d)(2)(D) of this section, for approval and inclusion in the State
				  Flood Plan.
(b) The draft RFP
				  submitted to the EA must be in the electronic and paper format specified by the
				  EA. Each draft RFP must certify that the draft RFP is complete and adopted by
				  the RFPG.
(c) Prior to adopting a
				  final RFP, the RFPGs shall consider the following comments in accordance with
				  §
										361.21 of this title (relating to
				  General Notice Requirements) to include:
(1)
				  any written or oral comments received from the public on the draft RFP;
				  and
(2) the EA's written comments
				  on the draft RFP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter D - ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL FLOOD PLANS › Section 361.51 - Amendments to Regional Flood Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Local Flood
				  Planning Amendment Requests. A Political Subdivision in the FPR may request an
				  RFPG to consider an amendment to an adopted RFP based on changed conditions or
				  new information. An RFPG must formally consider such request within 180 days
				  after its receipt and shall amend its adopted RFP if it determines an amendment
				  is warranted.
(b) If the Political
				  Subdivision is not satisfied with the RFPG's decision on the issue, it may file
				  a petition with the EA to request review of the RFPG's decision and consider
				  the amendment to the approved RFP. The Political Subdivision shall send the
				  petition to the EA and the chair of the affected RFPG.
(1) The petition must include:
(A) the changed condition or new information
				  that affects the approved RFP;
(B)
				  the specific sections and provisions of the approved RFP that may be affected
				  by the changed condition or new information;
(C) the efforts made by the Political
				  Subdivision to work with the RFPG to obtain an amendment; and
(D) any other information that may be useful
				  to the EA in determining whether an amendment is necessary.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter E - NEGATIVE EFFECTS ON NEIGHBORING AREAS AND FAILURE TO MEET REQUIREMENTS › Section 361.60 - Addressing Negative Effects on Neighboring Areas Within Flood Planning Regions

Current through Reg. 49, No. 28; July 12, 2024
RFPGs shall resolve issues related to projects in their
					 plan that will negatively affect neighboring areas within the FPR. The EA will
					 provide technical assistance, within available resources, to the RFPGs
					 requesting such assistance and may assist in facilitating resolution of issues
					 within FPRs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter E - NEGATIVE EFFECTS ON NEIGHBORING AREAS AND FAILURE TO MEET REQUIREMENTS › Section 361.61 - Addressing Negative Effects on Neighboring Areas Between Flood Planning Regions

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event an
				  RFPG has asserted or the Board finds that there is an element of a draft RFP
				  that will negatively affect a neighboring area in a different FPR, the involved
				  regions shall make a good faith effort to voluntarily work together to resolve
				  the issue.
(b) The EA may use the
				  following process to address the issue:
(1)
				  notify the affected RFPGs of the nature of the potential negative
				  effect;
(2) request affected RFPGs
				  appoint a representative or representatives authorized to negotiate on behalf
				  of the RFPG and notify the EA in writing of the appointment; and
(3) assist in negotiating resolutions of the
				  issue with RFPGs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter E - NEGATIVE EFFECTS ON NEIGHBORING AREAS AND FAILURE TO MEET REQUIREMENTS › Section 361.62 - Failure of a Regional Flood Plan to Meet Regional Flood Planning Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  event the Board finds that the RFP does not meet the requirements of the Texas
				  Water Code §
										16.062, this chapter, and
				  Chapter 362 of this title (relating to State Flood Planning Guidelines), the
				  Board shall direct the RFPG to make changes necessary for compliance with legal
				  requirements.
(b) In the event the
				  Board directs the RFPG to make changes to its RFP, the RFPG may request a
				  reasonable amount of time, within any statutory deadlines, to complete the
				  required changes.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter F - REGIONAL FLOOD PLANNING GRANTS › Section 361.70 - Planning Group Sponsor Request for Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) The EA will
				  notify the RFPGs that funds are available and that applications will be
				  accepted from Planning Group Sponsors for grants to develop or negotiate a
				  scope of work or to develop or revise regional flood plans. An RFPG may not
				  receive grant funds unless the RFPG has provided the EA with a copy of the
				  RFPG's adopted by-laws.
(b) The
				  RFPG shall provide a written designation to the EA naming the Planning Group
				  Sponsor that is authorized to request grant funds on behalf of the
				  RFPG.
(c) The RFPG meeting to
				  consider its additional, region-specific, public notice requirements in
				  accordance with §
										361.12(3) of this
				  title (relating to General Regional Flood Planning Group Responsibilities and
				  Procedures) must occur prior to taking action regarding its request for funding
				  under this subchapter and must be documented in its application for
				  funding.
(d) The designated
				  Planning Group Sponsor shall provide notice that a request for funding is being
				  submitted in accordance with §
										361.21 of this title (relating to
				  General Notice Requirements).
(e)
				  The EA may request clarification from the Planning Group Sponsor, if necessary,
				  to evaluate the application. Incomplete applications may be rejected and
				  returned to the applicant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter F - REGIONAL FLOOD PLANNING GRANTS › Section 361.71 - Board Consideration of Funding Requests, Applicant's Responsibilities, and Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) The EA will
				  provide a summary of regional flood planning funding allocations with
				  recommendations for approval to the Board for consideration at a public meeting
				  of the Board. The EA shall notify the RFPGs and other persons who have provided
				  comments of the time and place of such meeting.
(b) If the Board approves the funding
				  allocation, the Planning Group Sponsor will be notified of the deadline for
				  executing a contract with the Board. If the Planning Group Sponsor does not
				  enter into a contract by the specified deadline, then the Board's approval
				  expires and no funds will be provided. The Planning Group Sponsor may request
				  an extension of time for good cause shown prior to the contract execution
				  deadline.
(c) The Board may
				  approve, deny, amend, or continue consideration of allocation of funding to any
				  Planning Group Sponsor.
(d) The
				  Planning Group Sponsor must demonstrate the availability of matching funds when
				  applicable. However, the Board may in its discretion award up to 100% of the
				  necessary and direct costs of the development or revision of a plan.
(e) The contracts and sub-contracts for
				  regional flood planning funds shall include:
(1) a detailed statement of the purpose for
				  which the money is to be used;
(2)
				  a scope of work;
(3) the total
				  amount of money to be paid under the contract and, as determined by the EA,
				  subdivided into budget tasks;
(4)
				  the time for completion; and
(5)
				  any other terms and conditions required by the EA or agreed to by the
				  contracting parties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter F - REGIONAL FLOOD PLANNING GRANTS › Section 361.72 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Limitations of
				  funding. The Board has sole discretion in determining which activities are
				  necessary for the development or revision of RFPs. However, no funds provided
				  by the Board may be expended by RFPGs for the following:
(1) activities for which the EA determines
				  existing information, data, or analyses are sufficient for the planning effort
				  including but not limited to:
(A) model
				  development, modeling, or collection of data describing flood hazard exposure
				  or flood risks where information for evaluation of flood hazard exposure or
				  flood risks is currently available from other sources or that will be made
				  available by TWDB or others in sufficient time, with appropriate methodologies
				  and details to be utilized by the RFPG in development of their RFP;
(B) detailed technical evaluations of FMEs or
				  FMSs or FMPs, including regarding feasibility, cost, or impacts, where recent,
				  sufficient information for planning is available, including from the Board or
				  other entity, to evaluate the FMEs or FMPs or FMSs;
(C) evaluations of topics not directly
				  related to the regional flood planning contract scope of work or related flood
				  planning rules for development of regional flood plans; and
(D) revision of the Board-adopted state
				  population projections.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 362 - STATE FLOOD PLANNING GUIDELINES › Subchapter A - STATE FLOOD PLAN DEVELOPMENT › Section 362.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs the TWDB's preparation,
					 development, and formulation of the state flood plan and the Board's adoption
					 of the state flood plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 362 - STATE FLOOD PLANNING GUIDELINES › Subchapter A - STATE FLOOD PLAN DEVELOPMENT › Section 362.2 - Definitions and Acronyms

Current through Reg. 49, No. 28; July 12, 2024
(a) 1% Annual
				  Chance Flood Event--Flood event having a 1% chance of being equaled or exceeded
				  in any given year, also referred to as the base flood or 100-year
				  flood.
(b) 0.2% Annual Chance Flood
				  Event--Flood event having a 0.2% chance of being equaled or exceeded in any
				  given year, also referred to as the 500-year flood.
(c) Board--The governing body of the Texas
				  Water Development Board.
(d)
				  Executive Administrator (EA)--The Executive Administrator of the TWDB or a
				  designated representative.
(e)
				  Flood Management Evaluation (FME)--A proposed study to identify, assess, and
				  quantify flood risk or identify, evaluate, and recommend flood risk reduction
				  solutions.
(f) Flood Management
				  Strategy (FMS)--Flood risk reduction solution ideas and strategies that do not
				  belong in FME or FMP categories. Examples may include regulatory enhancements,
				  development of entity-wide buyout programs, and public outreach and
				  education.
(g) Flood
				  Mitigation--The implementation of actions, including both structural and
				  non-structural solutions, to reduce flood risk to protect against the loss of
				  life and property.
(h) Flood
				  Mitigation Project (FMP)--A proposed flood project, both structural and non-
				  structural, that has a non-zero capital costs or other non-recurring cost and
				  that when implemented will reduce flood risk or mitigate flood hazards to life
				  or property.
(i) Neighboring
				  area--Any area, including but not limited to upstream and downstream areas,
				  potentially affected by the proposed flood mitigation project.
(j) Political Subdivision--County, city, or
				  other body politic or corporate of the state, including any district or
				  authority created under Art. 3 §52 or Art. 16 §59 of the Constitution
				  and including any interstate compact commission to which the state is a party
				  and any nonprofit WSC created and operating under Ch. 67.
(k) Regional Flood Plan (RFP)--The plan
				  adopted or amended by a Regional Flood Planning Group pursuant to Texas Water
				  Code §
										16.062 (relating to
				  Regional Flood Plans) and this chapter.
(l) State Flood Plan (SFP)--The most recent
				  State Flood Plan adopted or amended by the Board under Texas Water Code §
										16.061 (relating to State
				  Flood Plan).
(m) TWDB--Texas Water
				  Development Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 362 - STATE FLOOD PLANNING GUIDELINES › Subchapter A - STATE FLOOD PLAN DEVELOPMENT › Section 362.4 - State Flood Plan Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) The EA shall
				  prepare, develop, and formulate the state flood plan and the Board shall adopt
				  a state flood plan pursuant to the schedule in Texas Water Code §
										16.061.
(b) The EA shall incorporate into the state
				  flood plan presented to the Board those RFPs approved by the Board pursuant to
				  Texas Water Code §
										16.062 and Chapter 361 of
				  this title (relating to Regional Flood Planning). The Board shall, not less
				  than 30 days before adoption or amendment of the state flood plan, publish
				  notice of its intent to adopt a state flood plan and shall mail notice to each
				  RFPG. The Board shall hold a public meeting during which it may adopt a state
				  flood plan or amendments thereto.
(c) The state flood plan shall incorporate
				  information from Board-approved RFPs, and shall address, at a minimum, the
				  following:
(1) basis for state flood planning,
				  including sections on Texas water statutes, rules, regulations, and Texas'
				  flood management and mitigation institutions;
(2) summary of the condition and adequacy of
				  major flood control infrastructure on a regional basis;
(3) summary of existing flood risk associated
				  with 1% annual chance and 0.2% annual chance flood events;
(4) description of methods used to develop
				  the regional and state flood plans;
(5) a statewide, ranked list of recommended
				  FMEs and FMPs that have associated one-time capital costs or other
				  non-recurring costs, and FMSs with non-recurring non-capital costs derived from
				  the Board-approved RFPs;
(6) an
				  analysis of completed, ongoing, and proposed FMEs, FMPs, and FMSs included in
				  previous state flood plans including projects funded by the TWDB;
(7) a discussion of how the recommended FMEs,
				  FMPs, and FMSs will reduce flood risk and mitigate flood hazards; and
(8) legislative recommendations the Board
				  considers necessary to facilitate flood mitigation planning and FME, FMP, and
				  FMS implementation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 1 - INTRODUCTORY PROVISIONS › Section 363.1 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern the board's programs of
						financial assistance under the following programs established by the Texas
						Water Code:
(1) in Chapter 15:
(A) Water Assistance Fund under Subchapter
					 B;
(B) Water Loan Assistance Fund
					 under Subchapter C;
(C) Storage
					 Acquisition Program authorized under Subchapter E;
(D) Colonia Self-Help Program authorized
					 under Subchapter P;
(E) Program for
					 Water and Wastewater Financial Assistance for Disadvantaged Rural Communities
					 authorized under Subchapter O;
(F)
					 Water Infrastructure Fund under Subchapter Q;
(G) State Water Implementation Fund for Texas
					 and State Water Implementation Revenue Fund for Texas under Subchapter M;
					 and
(H) Flood Infrastructure Fund
					 under Subchapter I;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 1 - INTRODUCTORY PROVISIONS › Section 363.4 - Activities Funded

Current through Reg. 49, No. 28; July 12, 2024
The board may provide financial assistance under this
						chapter for one or more elements of construction defined in Texas Water Code,
						§
											17.001(8)
						or a flood project defined in Texas Water Code, §
											15.531(2).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.11 - Preapplication Meeting

Current through Reg. 49, No. 28; July 12, 2024
Prior to seeking financial assistance, an applicant may
						be required to schedule a preapplication conference with the executive
						administrator to obtain guidance and establish basic eligibility of the project
						and political subdivision for financial assistance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.13 - Preliminary Engineering Feasibility Report

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant shall submit copies of a
					 preliminary engineering feasibility report, signed and sealed by a professional
					 engineer registered in the State of Texas. The report, based on guidelines
					 provided by the executive administrator, shall provide:
(1) a description and purpose of the
					 project;
(2) the entities to be
					 served and current and future population;
(3) the cost of the project;
(4) a description of alternatives considered
					 and reasons for the selection of the project proposed;
(5) sufficient information to evaluate the
					 engineering feasibility of the project;
(6) maps and drawings as necessary to locate
					 and describe the project area; and
(7) a general description of the existing
					 system.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.14 - Environmental Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions of
					 Terms. The following words and terms, when used in this section, shall have the
					 following meanings, unless the context clearly indicates otherwise.
(1) Environmental regulation--The acts,
					 statutes, or policies listed in subsection (c)(1) of this section and the acts,
					 statutes, or policies identified by the executive administrator pursuant to
					 subsection (c)(2) of this section.
(2) Regulatory agency--The governmental
					 agency with the jurisdiction to review compliance with or to enforce an
					 environmental regulation.
(3)
					 Preliminary project information--The information submitted by an applicant to
					 the executive administrator pursuant to subsection (e) of this
					 section.
(4) Affected environmental
					 regulation--An environmental regulation with which a proposed project
					 potentially may not conform as determined by the executive administrator under
					 this section after reviewing the preliminary project information or the
					 environmental assessment document, if any.
(5) Unaffected environmental regulation--An
					 environmental regulation with which a proposed project will likely conform as
					 determined by the executive administrator under this section after reviewing
					 the preliminary project information or the environmental assessment document,
					 if any.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.15 - Required Water Conservation Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 An applicant, if not eligible for an exemption under subsection (c) of this
					 section, shall submit, with its application, a copy of its water conservation
					 plan for approval, in accordance with Water Code §
											16.4021. The executive
					 administrator shall review all water conservation plans submitted as part of an
					 application for financial assistance for a project and shall determine if the
					 plans meet the requirements of this section.
(b) The water conservation plan required
					 under subsection (a) of this section must be new or revised to include
					 five-year and ten-year targets for water savings, unless the applicant has
					 implemented an approved water conservation plan that meets the requirements of
					 this section, and that has been in effect for less than five years. The water
					 conservation plan shall include an evaluation of the applicant's water and
					 wastewater system and customer water use characteristics to identify water
					 conservation opportunities and shall set goals to be accomplished by water
					 conservation measures. The water conservation plan shall provide information in
					 response to the following minimum requirements. If the plan does not provide
					 information for each minimum requirement, the applicant shall include in the
					 plan an explanation of why the requirement is not applicable.
(1) Minimum requirements. Water conservation
					 plans shall include the following elements:
(A) a utility profile including, but not
					 limited to, information regarding population and customer data, water use data,
					 water supply system data, and wastewater system data at the most detailed level
					 of water use data currently available and in accordance with the methodology
					 and guidance for calculating water use and conservation developed and
					 maintained by the executive administrator in coordination with the commission
					 under Water Code §
													16.403. The utility
					 profile must include the classification of water sales and uses for the
					 following sectors, as appropriate:
(i)
					 residential;
(I) single-family;
(II) multi-family;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.16 - Pre-Design Funding Option

Current through Reg. 49, No. 28; July 12, 2024
(a) This loan
					 application option will provide an eligible applicant that meets all applicable
					 board requirements an alternative to secure a commitment and close a loan for
					 the pre-design, design or building costs associated with a project. Under this
					 option, a loan may be closed and funds necessary to complete planning and
					 design activities released. If planning requirements have not been satisfied,
					 design and building funds will be held or escrowed and released in the sequence
					 described in this section. After planning and environmental review, the
					 executive administrator may require the applicant to make changes in order to
					 proceed with the project. If the portion of a project associated with funds in
					 escrow cannot proceed, the loan recipient shall use the escrowed funds to
					 redeem bonds purchased by the board in inverse order of maturity.
(b) Except for flood projects funded through
					 the Flood Infrastructure Fund, flood control and municipal solid waste projects
					 are not eligible for funding under this option.
(c) The executive administrator may recommend
					 to the board the use of this section if, based on available information, there
					 appear to be no significant permitting, social, environmental, engineering, or
					 financial issues associated with the project. An application for pre-design
					 funding may be considered by the board despite a negative recommendation from
					 the executive administrator.
(d)
					 Applications for pre-design funding must include the following information:
(1) for loans including building cost, a
					 preliminary engineering feasibility report which will include at minimum: a
					 description and purpose of the project; area maps or drawings as necessary to
					 fully locate the project area(s); a proposed project schedule; estimated
					 project costs and budget including sources of funds; current and future
					 populations and projected flows; alternatives considered; and a discussion of
					 known permitting, social or environmental issues which may affect the
					 alternatives considered and the implementation of the proposed
					 project;
(2) contracts for
					 engineering services, which may be in draft form;
(3) evidence that an approved water
					 conservation plan will be adopted prior to closing;
(4) all information required in §
												363.12
					 of this title (relating to General, Legal and Fiscal Information);
					 and
(5) any additional information
					 the executive administrator may request to complete evaluation of the
					 application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.17 - Grants from Water Loan Assistance Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may provide grants from the
					 Water Loan Assistance Fund for projects that include supplying water or
					 wastewater service to areas in which:
(1)
					 water supply services:
(A) from a community
					 water system, do not provide drinking water of a quality that meets the
					 standards set forth by the commission in 30 TAC §§ 290.1-290.26, 30
					 TAC §§
													290.38-290.51,
					 and any applicable standards of any governmental unit with jurisdiction over
					 such area;
(B) from individual
					 wells, after treatment, do not provide drinking water of a quality that meets
					 the standards set forth by the commission in 30 TAC §§ 290.3, 290.4,
					 290.10, and 290.13, and any applicable standards of any governmental unit with
					 jurisdiction over such area; or
(C)
					 do not exist or are not provided, including a temporary interruption of service
					 due to emergency conditions; and
(D) the financial resources are inadequate to
					 provide water supply or sewer services that meet the standards and requirements
					 of the commission as set forth herein; or
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.18 - Promissory Notes and Loan Agreements with Nonprofit Water Supply Corporations

Current through Reg. 49, No. 28; July 12, 2024
(a) The board
					 may provide financial assistance to corporations by either purchasing bonds
					 issued by the corporation or by purchasing a promissory note and entering into
					 a loan agreement with the corporation.
(b) If a corporation executes a promissory
					 note and loan agreement with the board, the corporation may be 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 A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.19 - Priority of Projects

Current through Reg. 49, No. 28; July 12, 2024
When necessitated by a limitation of funds, the board
						shall give priority to applications for funds for implementation of water
						supply projects in the water plan by entities that:
(1) have already demonstrated significant
					 water conservation savings; or
(2)
					 will achieve significant water conservation savings by implementing the
					 proposed project for which the financial assistance is sought.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 3 - FORMAL ACTION BY THE BOARD › Section 363.31 - Board Consideration of Application

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator shall submit the application
						to the board with comments concerning financial assistance. The application
						will be scheduled on the agenda for board consideration at the earliest
						practical date. The applicant and other interested parties known to the board
						shall be notified of the time and place of such meeting. If the applicant has
						received an obligation of federal funds from any federal source that would
						duplicate funding from the board for the same project, as evidenced in writing
						from the applicable federal agency, the executive administrator shall not
						submit the application to the board and shall notify the applicant that its
						application will no longer be considered for this reason, unless good cause is
						shown that the application should be submitted to the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 3 - FORMAL ACTION BY THE BOARD › Section 363.32 - Action of the Board on Application

Current through Reg. 49, No. 28; July 12, 2024
At the conclusion of the meeting to consider the project,
						the board may resolve to approve, disapprove, approve with conditions,
						including requiring the applicant to retain professional project management
						assistance, or continue consideration of the application. A commitment will
						include a date after which the financial assistance will no longer be available
						unless extended by the board. The board may make any changes in the original
						commitment at the time of extension.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 3 - FORMAL ACTION BY THE BOARD › Section 363.33 - Interest Rates for Loans and Purchase of Board's Interest in State Participation and Board Participation Projects

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Procedure and method for setting interest rates.
(1) The executive administrator will set
					 interest rates under this section for purchase of the board's interest in state
					 and board participation projects or for loans on a date that is five business
					 days prior to the political subdivision's adoption of the ordinance or
					 resolution authorizing its bonds or drawdown of state participation funds and
					 not more than 45 days before the anticipated closing of the loan or state
					 participation project from the board. After 45 days from the establishment of
					 the interest rate of a loan, rates will be reconsidered, and may be extended
					 only with the approval of the executive administrator.
(2) For loans from the Texas Water
					 Development Fund II or for rates for the purchase of the board's interest in
					 state participation projects, the executive administrator will set the interest
					 rate at:
(A) the rates established by the
					 board under subsection (b) of this section;
(B) for loans funded by the board with
					 proceeds of bonds, the interest of which is intended to be tax exempt for
					 purposes of federal tax law, the executive administrator will limit the
					 interest set pursuant to this subsection at no higher than the rate permitted
					 under federal tax law to maintain the tax exemption for the interest on the
					 board's bond; and
(C) the board may
					 establish different interest rates for loans under this paragraph in order to
					 facilitate a restructuring of an existing board loan that is in imminent risk
					 of default as determined by the board.
(3) Interest rates for loans from the Water
					 Loan Assistance Fund, or from funds from the board's sale of political
					 subdivision bonds to the Texas Water Resources Finance Authority will be set
					 according to the Municipal Market Data A scale. The board may establish
					 different interest rates for loans under this paragraph if it finds such rates
					 are legislatively directed or are necessary to promote major water initiatives
					 designed to provide significant regional benefit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 3 - FORMAL ACTION BY THE BOARD › Section 363.34 - Financial Guarantees for Political Subdivision Bonds and Required Reserves

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial
					 Guarantees. The board will consider accepting surety bonds in lieu of required
					 cash reserve deposits and insurance policies for political subdivision bonds.
					 At the time of loan commitment and at loan closing, only those financial
					 guarantors that have been approved by the board or its Finance Committee are
					 authorized to underwrite financial guarantee policies on political subdivision
					 bonds approved by the board.
(b)
					 Criteria for Authorized List. The board will maintain a list of authorized
					 financial guarantors. In order to be considered for placement on the list, a
					 guarantor must meet the following minimum criteria:
(1) the financial guarantor must be a
					 nationally recognized provider of municipal bond insurance and must have a
					 triple-A stable insurer financial strength rating with Standard & Poor's,
					 Moody's Investors Service, Inc. and Fitch, Inc.; and
(2) the financial guarantor must have a
					 triple-A insurer financial enhancement rating with Standard &
					 Poor's.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 4 - PREREQUISITES TO RELEASE OF STATE FUNDS › Section 363.41 - Engineering Design Approvals

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 applicant with a commitment of financial assistance from the board shall obtain
					 Executive Administrator approval of contract documents, including engineering
					 plans and specifications and bid documents, prior to receiving bids and
					 awarding construction contracts. The applicant shall submit two copies of
					 contract documents, which shall be as detailed as would be required for
					 submission to contractors bidding on the work, and which shall be consistent
					 with the engineering feasibility information submitted with the application.
					 These contract documents may be submitted in draft form. For water supply
					 projects requiring commission review, the applicant shall send an additional
					 copy to the commission. The contract documents 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 the 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;
(4) a high-resolution digital, searchable
					 copy of the plans and specifications; and
(5) 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 A - GENERAL PROVISIONS › Division 4 - PREREQUISITES TO RELEASE OF STATE FUNDS › Section 363.43 - 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 political subdivision shall submit for
					 approval to the executive administrator the following documents:
(1) a statement as to sufficiency of funds if
					 additional funds are necessary to complete the activity;
(2) certified copies of each contract under
					 which revenues for repayment of the political subdivision'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, documentation 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.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 4 - PREREQUISITES TO RELEASE OF STATE FUNDS › Section 363.44 - Movement of Funds between Approved Projects

Current through Reg. 49, No. 28; July 12, 2024
If approved by the executive administrator, a borrower
						may transfer remaining excess funds from one or more of the borrower's
						board-approved projects to other of the borrower's board-approved projects.
						Applicants must comply with any new requirements triggered by the transfer of
						funds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 4 - PREREQUISITES TO RELEASE OF STATE FUNDS › Section 363.45 - 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 Subchapter A, Divisions 4 and 5
						of this Chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 5 - CONSTRUCTION PHASE › Section 363.51 - Inspection During Construction

Current through Reg. 49, No. 28; July 12, 2024
After the construction contract is awarded, an applicant
						receiving financial assistance from the board shall provide for adequate
						inspection of the project under the supervision of 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 conduct site visits regarding the
						construction and materials of any project at any time, but such site visits
						shall never subject the State of Texas to any action for damages. The political
						subdivision shall take corrective action 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 A - GENERAL PROVISIONS › Division 5 - CONSTRUCTION PHASE › Section 363.52 - 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 of 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 A - GENERAL PROVISIONS › Division 5 - CONSTRUCTION PHASE › Section 363.53 - As-Built Plans

Current through Reg. 49, No. 28; July 12, 2024
After a project is completed, the political subdivision
						shall submit documentation establishing that the political subdivision has
						received a complete set of as-built drawings from the
						contractor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 5 - CONSTRUCTION PHASE › Section 363.54 - Audits

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator is authorized to conduct
						engineering, environmental, 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 A - GENERAL PROVISIONS › Division 5 - CONSTRUCTION PHASE › Section 363.55 - Certificate of Approval

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of documentation from the political
						subdivision and project engineer that the project was completed in accordance
						with approved plans and specifications, and that the contractor has received
						final payment, except for retainage, 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 A - GENERAL PROVISIONS › Division 5 - CONSTRUCTION PHASE › Section 363.56 - 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.