Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.16 - Memorandum of Understanding Between the Texas Division of Emergency Management (TDEM) and the TWDB related to the Federal Public Assistance Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) This Memorandum of Understanding
				("Agreement") is between the Texas Division of Emergency Management ("TDEM")
				and the Texas Water Development Board ("TWDB"), each an agency of the State of
				Texas.
(b) Whereas, the 86th
				Legislature, R.S. passed Senate Bill 7 relevant portions of which were
				effective immediately;
(c) Whereas,
				the governor signed Senate Bill 7 on June 13, 2019;
(d) Whereas, Senate Bill 7 establishes the
				Hurricane Harvey Account ("Account") as a part of the Texas Infrastructure
				Resiliency Fund ("Fund") under Texas Water Code §
									16.454;
(e) Whereas, pursuant to Texas Water Code
				§
									16.454,
				the Texas Water Development Board (TWDB) may only use the Account to provide
				money to the Texas Division of Emergency Management (TDEM) to provide financing
				for projects related to Hurricane Harvey;
(f) Whereas, the TDEM manages the Federal
				Hazard Mitigation Grant Program and the Federal Public Assistance Grant
				Program;
(g) Whereas, the TWDB is a
				State agency with a mission to provide leadership, information, education, and
				support for planning, financial assistance, and outreach for the conservation
				and responsible development of water for Texas;
(h) Whereas, the TDEM is charged with
				carrying out a comprehensive all-hazard emergency management program for the
				state and for assisting cities, counties, and state agencies in planning and
				implementing their emergency management programs;
(i) Now, Therefore, in consideration of the
				benefits to the State of Texas, the parties hereby agree as follows:
(1) Services to be Performed:
(A) TDEM responsibilities:
(i) It shall be the sole responsibility of
				TDEM to administer funds received from the TWDB from the Account in accordance
				with Texas Water Code §
												16.454,
				and any federal program, including applicable federal regulations, as permitted
				by Texas Water Code §
												16.454(b),
				under which the funds will be spent.
(ii) In accordance with Texas Water Code
				§
												16.454(f),
				TDEM will periodically provide an Application to the Executive Administrator of
				the TWDB ("EA") for project funding requests that both TDEM and the EA find
				meet the requirements of Texas Water Code §§
												16.454(c),
				16.454(f)(1)
				through (3), and 16.454(g). The TDEM Application will include supporting
				documentation that demonstrates how the project for each entity that will
				receive funding meets any applicable criteria in Texas Water Code §
												16.454.
(iii) TDEM will provide the TWDB regular
				quarterly reports that include all information necessary for the TWDB to meet
				the transparency requirements of Texas Water Code §
												16.459.
				The report must include, but not be limited to, the following for each project:
(I) the expected completion date;
(II) the current status of the
				project;
(III) proposed benefit of
				the project;
(IV) initial cost
				estimate and variances to the initial cost estimate, if the variances are over
				5%;
(V) a list of the eligible
				political subdivisions receiving money from the Fund;
(VI) a list of each political subdivision
				served by each project; and
(VII)
				an estimate of matching funds for the project; and
(VIII) status of repayment, if there was a
				loan made for the project.
(iv) TDEM will provide any additional
				supporting information as may be requested by the TWDB.
(v) TDEM will maintain sufficient records and
				receipts as may be required by the Texas Comptroller of Public Accounts to
				ensure the funds are distributed in accordance with Texas Water Code §
												16.454
				and to satisfy the State Auditor's Office review.
(vi) On or before August 1, 2031, TDEM will
				return any remaining funds to the TWDB.