Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.17 - Memorandum of Understanding Between the Texas Division of Emergency Management (TDEM) and the TWDB related to the Federal Hazard Mitigation 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 TDEM has
				previously reviewed hazard mitigation project funding requests;
(h) 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;
(i) 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;
(j) 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 Hurricane Harvey
				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 the 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 application for each entity that will
				receive funding meets any applicable prioritization and the criteria in Texas
				Water Code §
												16.454.
(iii) TDEM will accept and prioritize
				eligible flood project, other than public assistance grants, requests for
				funding from the Hurricane Harvey Account.
(iv) In prioritizing the projects for the
				Hazard Mitigation Program, TDEM used a prioritization system, which the TWDB
				has reviewed and is acceptable to the TWDB.
(v) 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.
(I) The report must include the following for
				each project:
(-a-) the expected completion
				date;
(-b-) the current status of
				the project;
(-c-) proposed benefit
				of the project;
(-d-) initial cost
				estimate and variances to the initial cost estimate, if the variances are over
				5%;
(-e-) a list of the eligible
				political subdivisions receiving money from the Fund;
(-f-) a list of each political subdivision
				served by each project; and
(-g-) an
				estimate of matching funds for the project; and
(-h-) status of repayment, if there was a
				loan made for the project.
(II) If applicable, the prioritization system
				for prioritizing flood projects and the number of points awarded by
				TDEM.
(vi) TDEM will
				provide any additional supporting information as may be requested by the
				TWDB.
(vii) 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.
(viii) On or before August 1, 2031, TDEM will
				return any remaining funds to the TWDB.