Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.85 - Required Information in Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) All applicants, whether requesting a loan
				  or a grant, must provide the information described in this section. Failure to
				  provide the information or failure to fully disclose any material fact
				  concerning the subject matter of the required information items shall be
				  grounds for rejection of the application. Knowing concealment of material facts
				  concerning the subject matter of the required information items shall be
				  grounds for refusal to consider any further application submitted by the
				  applicant or under which the applicant would participate or receive a direct
				  financial or regulatory benefit. Applicants may include additional information
				  relevant to the subject matter of the application.
(b) Applicants shall include a statement that
				  the proposed project complies with all applicable federal and state law,
				  including in the statement the following:
(1)
				  description of any federal, state, and/or local air quality or alternative fuel
				  related programs in place or planned for the area and reasonably anticipated to
				  be initiated within three years of the application date;
(2) identification of the area's air quality
				  status, as determined by the EPA and provided for in the
				  42 United States Code
				  §7407, Clean Air Act, §107. In the
				  absence of an EPA designation of attainment or nonattainment, the Texas Natural
				  Resource Conservation Commission may be used as a resource for determining the
				  air quality of the area. This information should include a discussion of the
				  mobile source contribution to the area's air quality problem.
(3) All applicants must articulate a
				  "statement of project" including:
(A)
				  detailed description of relevant qualifications of the project's key
				  personnel;
(B) detailed description
				  of applicant's past performance and experience with similar projects;
(C) detailed description of applicant's
				  quality control/assurance plan;
(D)
				  detailed description of applicant's proposed schedule for reporting the
				  project's progress to the council;
(E) detailed project budget, including
				  description of the source of all fuel, equipment, labor, and
				  facilities;
(F) detailed
				  description of equipment to be used and the method used to select the
				  equipment;
(G) overview of
				  pertinent local alternative fuel related activity, such as active gas
				  utilities, vehicle conversion centers, university programs, and
				  others;
(H) overview of existing
				  and planned refueling infrastructure availability for the area;
(I) clear identification, whenever
				  applicable, of the applicant as a historically underutilized business,
				  individual with low income, health care facility, minority-owned business, or
				  women-owned business, and, whenever applicable, identification of applicant's
				  employment of historically underutilized business for project-related
				  services;
(J) detailed discussion
				  of other public and private funding options available to the
				  applicant;
(K) discussion of the
				  applicant's current fleet composition and proposed compliance with the
				  requirements of applicable federal and state fleet composition
				  requirements;
(L) identification of
				  matching fund availability, from the applicant's own revenue or from other
				  sources, including signed letters of intent;
(M) identification of the applicant as a
				  local political subdivision whose other funding option would be local tax
				  revenues or general revenue funds;
(N) evidence of economic feasibility of the
				  project including a demonstration of the ability to repay any loan principally
				  from fuel savings, life-cycle savings, or other operating revenues;
(O) a statement of a project's eligibility
				  for SIP credits. An entity subject to SIP requirements which requests funding
				  for a project in a nonattainment area subject to SIP requirements must show
				  eligibility for SIP credit for that project; and
(P) if an application is made for oil
				  overcharge funds, a statement establishing the project's compliance with all
				  applicable laws relating to such funds.
(4) The council may require any additional
				  information it deems appropriate.