reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter G - LOAN CLOSINGS AND AVAILABILITY OF FUNDS › Section 371.70 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter G - LOAN CLOSINGS AND AVAILABILITY OF FUNDS › Section 371.73 - 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 must occur sequentially 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) Reimbursement method of accessing funds.
				  DWSRF financial assistance is available for disbursement under a reimbursement
				  method unless the executive administrator approves the deposit of funds into an
				  escrow account at the closing of the financial assistance, as appropriate. The
				  executive administrator will reimburse the Applicant's expenditures upon the
				  receipt of an outlay report supported by detailed invoices of expenditures, or
				  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 releases from
				  an escrow account must be consistent with the approved project schedule.
(c) Sequence of availability of
				  funds. Financial assistance is 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;
(2) for design costs, after receipt of
				  executed contracts for 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter G - LOAN CLOSINGS AND AVAILABILITY OF FUNDS › Section 371.74 - 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 upon written approval 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 §
										371.86 of this
				  title (relating to Final Accounting).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter G - LOAN CLOSINGS AND AVAILABILITY OF FUNDS › Section 371.75 - Surcharge

Current through Reg. 49, No. 28; July 12, 2024
For eligible private Applicants and eligible NPNC
					 Applicants that are not also eligible public Applicants, the establishment of a
					 surcharge and creation of a surcharge account is required. If the executive
					 administrator determines that the use of a surcharge and surcharge account is
					 not available to an Applicant through the Utility Commission, the executive
					 administrator may recommend that the Board consider other sources of revenue
					 available to an Applicant for repayment of financial assistance from the
					 Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.80 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.81 - 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, 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 a project at any time. The purpose of site visits is to determine
				  whether the contractor is substantially complying with the approved engineering
				  plans for 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 and 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
				  regarding prevailing wage rates;
(B) invoices, receipts for materials,
				  accounting ledgers, and any other documents related to expenditure of funds to
				  facilitate tracking the 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.82 - Alterations During Construction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Changes after approval of engineering feasibility report. The Applicant must
				  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 will review the proposed changes and notify the
				  Applicant if additional engineering or other information is required. For
				  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 proposed change will be reviewed for compliance with program
				  requirements and applicable Commission rules. Depending on the scope and
				  complexity of the proposed change, approval by the executive administrator also
				  may require amendments to other engineering and environmental documents and
				  coordination with the Commission for issues involving variances to Commission
				  rules.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.83 - Force Account

Current through Reg. 49, No. 28; July 12, 2024
All significant elements of a project must be constructed
					 with skilled laborers and mechanics obtained through the competitive bidding
					 process. 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 Applicant possesses the competence required to
					 accomplish such work and that the work can be accomplished more economically by
					 use of the force account method.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.84 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.85 - Certificate of Approval and Project Completion

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The executive administrator will
				  issue a Certificate of Approval (certificate) upon completion of all work under
				  each prime construction contract.
(b) Final prime construction contract. A
				  certificate will be issued at the completion of all work under the final prime
				  construction contract. This certificate will be transmitted to the Applicant
				  with a statement that the project and the Board's inspection process are
				  complete.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.86 - 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 will notify the Applicant if remaining surplus funds exist and
				  advise the Applicant that any remaining surplus funds may be used in a manner
				  approved by the executive administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.87 - Release of Retainage

Current through Reg. 49, No. 28; July 12, 2024
The Applicant must retain all documents, records, and
					 invoices whether in electronic form or otherwise relating to the expenditure of
					 all financial assistance from the DWSRF for a period of three full state fiscal
					 years after completion of the project and receipt of the final certificate of
					 approval.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.88 - 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; and
(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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.89 - 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, 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;
					 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.90 - 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 will 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 and the
				  Applicant has completed construction, the executive administrator is authorized
				  to:
(1) 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) 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) inspect and review the project and to
				  obtain information through documents or interviews with appropriate personnel
				  to ensure that the Applicant is complying with the requirements of the
				  covenants of the bond indenture and/or the master agreement;
(4) inspect accounting and financial records
				  to ensure that the Applicant maintains debt service fund accounts and all other
				  fund accounts related to the DWSRF debt in accordance with standards set forth
				  by the Governmental Accounting Standards Board; and
(5) 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter H - CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS › Section 371.91 - 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 A - GENERAL PROGRAM REQUIREMENTS › Section 375.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following meanings
					 when used in this chapter, unless the context clearly indicates otherwise.
					 Words defined in Chapter
					 15 of the Texas Water Code
					 and not defined here shall have the meanings provided by Chapter 15.
(1) Acquisition--The Applicant obtaining
				  interests in land that are necessary for construction or land that will be an
				  integral part of the treatment process (including land use for the storage of
				  treated wastewater in land treatment systems prior to land application) or will
				  be used for ultimate disposal of residues resulting from such treatment and
				  acquisition of other land.
(2)
				  Act--The Federal Water Pollution Control Act,
				  33 U.S.C. §§
											1251 et seq.
(3) Alternative Delivery Guidance--A document
				  prepared by the Board after public review and comment and reviewed periodically
				  that identifies alternative methods of project delivery available to applicants
				  for financial assistance and the requirements for utilizing an alternative
				  delivery method.
(4) Applicant--The
				  entity applying for financial assistance from the CWSRF including:
(A) the entity that receives the financial
				  assistance, and
(B) the entity
				  legally responsible to repay the debt.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter A - GENERAL PROGRAM REQUIREMENTS › Section 375.2 - Projects and Activities Eligible for Assistance

Current through Reg. 49, No. 28; July 12, 2024
The specific projects and activities eligible for
					 assistance for a particular funding year will be established annually in the
					 IUP based on the activities authorized by the Act, which allows the CWSRF to
					 provide financial assistance:
(1) to
				  any municipality or intermunicipal, interstate, or State agency for
				  construction of publicly owned treatment works (as defined in
				  33
				  U.S.C. §
											1292 );
(2) for the implementation of a management
				  program established under
				  33 U.S.C. §
											1329;
(3) for development and implementation of a
				  conservation and management plan under
				  33 U.S.C. §
											1330;
(4) for the construction, repair, or
				  replacement of decentralized wastewater treatment systems that treat municipal
				  wastewater or domestic sewage;
(5)
				  for measures to manage, reduce, treat, or recapture stormwater or subsurface
				  drainage water;
(6) to any
				  municipality or intermunicipal, interstate, or State agency for measures to
				  reduce the demand for publicly owned treatment works capacity through water
				  conservation, efficiency, or reuse;
(7) for the development and implementation of
				  watershed projects meeting the criteria set forth in
				  33 U.S.C. §
											1274;
(8) to any municipality or intermunicipal,
				  interstate, or State agency for measures to reduce the energy consumption needs
				  for publicly owned treatment works;
(9) for reusing or recycling wastewater,
				  stormwater, or subsurface drainage water;
(10) for measures to increase the security of
				  publicly owned treatment works; and
(11) to any qualified nonprofit entity that
				  has federal tax-exempt status to provide assistance to owners and operators of
				  small and medium-sized publicly owned treatment works:
(A) to plan, develop, and obtain financing
				  for eligible projects, including planning, design, and associated
				  preconstruction activities; and
(B)
				  to assist such treatment works in achieving compliance with the Act.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 375.10 - Types of Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator shall determine the type of
					 financial assistance available to the Applicant based on the evaluation of the
					 project information forms, the application, and the availability of funds in
					 accordance with the types of assistance authorized in
					 33 U.S.C. §
											1383(d).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 375.11 - Refinancing

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive administrator may accept
				  applications to refinance existing debt for eligible projects when sufficient
				  funds are available. If refinancing funds are available, then the Applicant
				  shall describe the need for the eligible project and provide other specific
				  information detailed in the project information form or as otherwise requested
				  by the executive administrator.
(b)
				  An application for refinancing of existing debt shall be the same as an
				  application for financial assistance under this chapter. The executive
				  administrator may consider an application for refinancing when:
(1) the project meets all of the requirements
				  under this chapter, including information evidencing that the environmental
				  review, programmatic requirements, and engineering criteria required meets the
				  criteria under law and this chapter for the same or similar projects;
				  and
(2) the federal tax regulations
				  allow such refinancing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 375.12 - Financing of Planning, Acquisition, and Design Phases

Current through Reg. 49, No. 28; July 12, 2024
Applicants may request financial assistance for the
					 planning, acquisition, and the design for a proposed project without a
					 readiness to proceed determination.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 375.13 - Construction Phase Funding

Current through Reg. 49, No. 28; July 12, 2024
This type of financial assistance is available for the
					 construction phase of an eligible project that is ready 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 B - FINANCIAL ASSISTANCE › Section 375.14 - Pre-Design Funding Option

Current through Reg. 49, No. 28; July 12, 2024
This type of financial assistance is available for the
					 planning, design, acquisition, and construction phases of a project. This
					 option allows the commitment of construction funding where planning and design
					 are not yet completed. This option is available only when the executive
					 administrator recommends it to the Board based on a finding that the project is
					 ready 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 B - FINANCIAL ASSISTANCE › Section 375.15 - Lending Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Average life--The number determined by
				  dividing the sum of all payment periods by the total principal
				  amount.
(2) Borrower--Each eligible
				  Applicant that has received a commitment from the Board.
(3) Interest rate--The individual interest
				  rate for each maturity in an amortized debt schedule as identified by the
				  executive administrator under this chapter.
(4) Market rate--The individual interest rate
				  for each maturity in an amortized debt schedule payment that is the borrower's
				  market cost of funds based on the MMD scale for the borrower as identified
				  under subsection (c)(1) of this section.
(5) MMD--Thomson Reuters Municipal Market
				  Data Range of Yield Curve Scales.
(6) Payment period--The number determined by
				  multiplying the total principal amount due for an individual maturity as set
				  forth in the debt instrument by the standard period for the debt
				  instrument.
(7) Standard
				  period--The number identified by determining the number of days between the
				  date of delivery of the funds to a borrower and the date of the maturity of a
				  bond or loan payment pursuant to which the funds were provided calculated on
				  the basis of a 360-day year composed of twelve 30-day periods and dividing that
				  number by 360.
(8) Term--For bonds,
				  the length of time between when the bond is issued and the final maturity in
				  the debt instrument; for loans, the period of time any principal is
				  outstanding.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 375.16 - Fees for Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General. The Applicant will be assessed charges for the purpose of recovering
				  administrative costs of all projects receiving CWSRF financial assistance.
				  However, no fees or costs will be assessed on the portion of the project that
				  receives principal forgiveness as detailed in the IUP.
(b) Origination fee. An administrative fee
				  not to exceed 1.75 percent of the project costs will be assessed as a one-time
				  non-refundable charge. Project costs on which the fee will be assessed do not
				  include the origination fee or those project costs that are funded through
				  principal forgiveness. The fee is due and payable at the time of loan closing
				  and may be financed as a part 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 B - FINANCIAL ASSISTANCE › Section 375.17 - Term of Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
The Board may offer financial assistance in accordance with
					 the Act and the IUP under which the project received funding.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 375.18 - Principal Forgiveness

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				  may provide principal forgiveness for financial assistance in accordance with
				  33 U.S.C. §
											1383(i) or federal
				  appropriations acts:
(1) for an entity that
				  meets the affordability criteria established in this chapter and in the IUP for
				  a Disadvantaged Community;
(2) to
				  implement a process, material, technique, or technology:
(A) to address water-efficiency
				  goals;
(B) to address
				  energy-efficiency goals;
(C) to
				  mitigate stormwater runoff; and/or
(D) to encourage sustainable project
				  planning, design, and construction; or
(3) for any other eligible activity as
				  detailed in the Intended Use Plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 375.19 - Financial Guarantees for Political Subdivision Bonds

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 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 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter C - INTENDED USE PLAN › Section 375.30 - Submission of Project Information Forms

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Eligible Applicants may submit a project information form for rating and
				  ranking on the applicable IUP. To be included in the IUP and on the initial
				  Project Priority List, Applicants must submit a complete and accurate project
				  information form by the date included in the notice. As further detailed in the
				  applicable IUP, applicants may also submit a project information form after the
				  date included on the notice for a project to be considered for inclusion on an
				  amended Project Priority List published after the initial IUP has been
				  approved. The required information that must be in a project information form
				  will be specified in Board guidance and will include, but will not be limited
				  to, the following:
(1) a detailed description
				  of the proposed project;
(2) a
				  county map(s) showing the location of the service area;
(3) an estimated total project cost which:
(A) for an estimated financial assistance
				  amount greater than $100,000, the project information form shall be sealed by a
				  registered professional engineer; or
(B) for an estimated financial assistance
				  amount less than $100,000, the project information form shall be accompanied by
				  a statement signed by the system operator establishing the basis for the
				  estimate;
(4) an
				  estimated project schedule;
(5) the
				  population currently served by the Applicant;
(6) the status of the Applicant's water
				  conservation plan;
(7) signature of
				  the Applicant's authorized representative; and
(8) additional information, as detailed
				  within the solicitation for project information forms, needed to establish the
				  priority rating score.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter C - INTENDED USE PLAN › Section 375.32 - Public Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with the Act, the executive administrator shall hold public hearings and allow
				  a period for public review and comment before the Board considers the adoption
				  and approval of the IUP and the Project Priority List.
(b) For any substantive amendments thereto,
				  the executive administrator shall hold a public hearing and allow a period of
				  public review and comment in accordance with the Act. The executive
				  administrator may add projects to the Project Priority List after a 14-day
				  public comment period without any public hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter C - INTENDED USE PLAN › Section 375.33 - Criteria and Methods for Distribution of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Amount of available funds. Annually, the
				  executive administrator will determine the amount of funds available for
				  wastewater system improvements and other projects for the fiscal
				  year.
(b) Principal forgiveness
				  limits. The total amount of principal forgiveness in any fiscal year may not
				  exceed the percentages established by federal law or by the capitalization
				  grant.
(c) Small systems. Projects
				  with identical combined rating scores, including rating scores of zero, will be
				  listed in order of population. Projects serving fewer people will be listed
				  above those projects serving a larger population.
(1) To the extent that eligible Applicants
				  are available, a minimum of 15 percent of the funds will be made available to
				  small systems.
(2) If small system
				  projects on the Invited Projects List are less than 15 percent of the funds,
				  then the executive administrator may bypass projects for systems serving larger
				  populations to ensure inclusion of small system projects for at least 15
				  percent of available funds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter C - INTENDED USE PLAN › Section 375.34 - Changes to Project

Current through Reg. 49, No. 28; July 12, 2024
Subsequent to adoption of an IUP, the Applicant for a
					 proposed project listed within the Project Priority List may be allowed certain
					 changes without requiring a re-ranking in the following circumstances:
(1) the Applicant for a proposed project
				  changes but the project does not change;
(2) the number of participants in a regional
				  project changes and the change does not result in a change to the rating;
				  or
(3) the fundable amount of a
				  proposed project does not increase by more than 10 percent of the amount listed
				  in the approved IUP. The executive administrator may waive the 10 percent limit
				  to incorporate additional elements or increased project costs; however, any
				  principal forgiveness awarded may not exceed the original IUP amounts
				  allocation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 375.40 - Pre-Application Conferences

Current through Reg. 49, No. 28; July 12, 2024
The Applicant must schedule an appointment and participate
					 in a pre-application conference to be held in person or by teleconference to
					 discuss the eligibility of the project and of the Applicant for financial
					 assistance; the general, engineering, environmental, fiscal, and legal
					 requirements of an application; and to assist the Applicant in completing an
					 application. The following individuals should participate in the conference: a
					 member of the governing body of the Applicant; the consulting engineer; and the
					 financial advisor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 375.41 - Timeliness of Application and Required Application Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Time to submit applications. Applications
				  and required additional data or information must be submitted in a timely
				  basis. The failure to timely submit the application, the information necessary
				  to complete the application or additional requested information will result in
				  the bypass of the project.
(1) Deadline to
				  submit application. Applicants shall submit a complete application by the
				  deadlines established by the Board as detailed in the applicable IUP or the
				  project will be bypassed. The Applicant will be notified when an application is
				  administratively complete.
(2)
				  Incomplete applications. An Applicant shall cure any deficiency in an
				  application upon request from the executive administrator and shall submit all
				  requested information within fourteen days from receipt of the notice of a
				  deficiency.
(3) Additional
				  information. The Applicant shall submit any additional or modified information
				  or data required by the executive administrator within fourteen days of the
				  request for same, regardless of the expiration of other applicable deadlines in
				  this section.
(4) Extension of
				  time. The executive administrator may grant an extension of time to complete
				  the application or to receive additional information and data if the Applicant
				  can show good cause for the delay or if the delay is caused by an event of
				  force majeure. The executive administrator exercises sole discretion in
				  determining whether and to what extent to grant a time extension.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 375.42 - Review of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Review of
				  applications. The executive administrator will review the application to ensure
				  that sufficient information has been provided to support the eligibility of the
				  Applicant and the project. The executive administrator may request that the
				  information or data for any portion of the application be modified or
				  supplemented.
(b) Submittal of
				  requested information. If the Applicant fails to submit information or data
				  requested within the established time period, then the executive administrator
				  may notify the Applicant that the application is incomplete and will be
				  bypassed.
(c) If an applicant does
				  not proceed through the application process and obtain a commitment within the
				  application timeframes established within the applicable IUP, the principal
				  forgiveness may be re-allocated to another eligible project. An extension of
				  time for obtaining a commitment may be granted at the discretion 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 D - APPLICATION FOR ASSISTANCE › Section 375.43 - Required Water Conservation Plan and Water Loss Audit

Current through Reg. 49, No. 28; July 12, 2024
(a) Water Conservation Plan. An Applicant
				  shall submit a water conservation plan prepared in accordance with Texas Water
				  Code Section
				  16.4021.
(b) Water Loss Audit. An Applicant that is a
				  retail public utility that provides potable water shall submit its most recent
				  water loss audit in accordance with §
										358.6 of this
				  title (relating to Water Loss Audits), unless it has previously been
				  submitted.
(c) If an Applicant that
				  is a retail public utility providing potable water has a water loss that meets
				  or exceeds the threshold for that utility in accordance with §
										358.6 of this
				  title, the retail public utility must use a portion of any new financial
				  assistance, or any other financial assistance provided by the Board, for
				  project costs that are eligible under the Act and the applicable IUP to
				  mitigate the utility's water loss. However, at the request of a retail public
				  utility, the Board may waive this requirement in accordance with §
										358.6 of this
				  title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 375.44 - Board Approval of Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) Presentation to
				  Board. The Board must consider each application at a public meeting. The
				  executive administrator will notify the Applicant when the Board's
				  consideration of the application is scheduled for a public meeting.
(b) Action by Board. After considering the
				  executive administrator's recommendation and comments from the Applicant and
				  other interested persons, the Board may:
(1)
				  resolve to approve an application only when it finds that the revenue or taxes
				  or both revenue and taxes pledged by the Applicant will be sufficient to meet
				  all obligations that will be assumed by the Applicant;
(2) resolve to disapprove or amend the
				  proposed conditions for the financial assistance;
(3) request additional information related to
				  the eligibility of the Applicant or the project or withdraw the application for
				  consideration at another time; and
(4) approve an application for pre-design
				  funding despite a negative recommendation from 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 D - APPLICATION FOR ASSISTANCE › Section 375.45 - Multi-year Commitments

Current through Reg. 49, No. 28; July 12, 2024
(a) Commitment
				  periods may be set for a period of up to five years. The minimum interest rate
				  reduction for multi-year commitments will be established for the five-year
				  period based on the interest rate reduction prescribed in the IUP for the first
				  year's commitment.
(b) This option
				  is only available for projects as described in the IUP.
(c) Any entity receiving a multi-year
				  commitment must annually re-confirm its anticipated funding commitments
				  established with the initial commitment.
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 375.61 - Environmental Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy and
					 purpose. This subchapter governs the environmental review of projects funded in
					 whole or in part by the CWSRF. Environmental review of all proposed
					 infrastructure projects is a condition of the use of CWSRF financial assistance
					 and is subject to annual audits by the EPA. This subchapter follows the
					 procedures established by the EPA for implementing the National Environmental
					 Policy Act set forth at 40 CFR Part 6. The environmental review is subject to
					 public comment. The Applicant, at all times throughout the design,
					 construction, and operation of the project, shall comply with the findings
					 resulting from the environmental review.
(b) Timing. The environmental review process
					 is a component of the planning phase and must be completed prior to the
					 executive administrator's approval of the Applicant's engineering feasibility
					 report.
(c) Types of environmental
					 findings. At the culmination of the environmental review process described in
					 this subchapter, the Board will issue one of the following findings:
(1) a Categorical Exclusion:
(A) based on review of information submitted
					 by the Applicant; and
(B) the
					 eligibility criteria described in §
													375.62
					 of this subchapter.
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 375.62 - Board's Environmental Finding: Categorical Exclusions

Current through Reg. 49, No. 28; July 12, 2024
(a) A proposed project can be categorically
					 excluded from a full environmental review if the proposed project:
(1) fits within the category of action that
					 is eligible for exclusion, as listed in subsection (b) of this
					 section;
(2) will not result in
					 significant impacts on the quality of the human environment; and
(3) does not involve extraordinary
					 circumstances, as listed in subsection (d)(1) - (9) of this section.
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 375.63 - Applicant Requirements: Categorical Exclusions

Current through Reg. 49, No. 28; July 12, 2024
(a) Projects that qualify to be categorically
					 excluded from a full environmental review fit into a category of actions,
					 identified by the EPA, that do not individually or cumulatively have a
					 significant effect on the human environment and do not involve extraordinary
					 circumstances. This determination is based upon the criteria established in
					 §
											375.62
					 of this subchapter (relating to Board's Environmental Finding: Categorical
					 Exclusions).
(b) An Applicant shall
					 submit sufficient information to demonstrate why the project is eligible for a
					 CE including, but not limited to the following documentation:
(1) a brief but complete description of the
					 project;
(2) plan maps or maps of
					 the project depicting the location of all construction areas, the planning area
					 boundaries, and any known environmentally important natural areas;
(3) information regarding the eligibility of
					 the project for a CE under the criteria listed in §
												375.62
					 of this subchapter;
(4) any
					 information that may be helpful to determine whether any extraordinary
					 circumstances, as listed in §
												375.62
					 of this subchapter, apply to the project; and
(5) any information that may be helpful to
					 determine if mitigation measures are required to ensure the project will not
					 individually or cumulatively have a significant adverse impact on the human
					 environment. This includes, but is not limited to, coordination with applicable
					 regulatory agencies regarding resources within their jurisdiction that may be
					 adversely impacted by the project.