reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter A - INTRODUCTORY PROVISIONS › Section 365.6 - Loans in Excess of 20 Years

Current through Reg. 49, No. 28; July 12, 2024
For loans for which the average maturity exceeds 20 years,
					 the applicant must provide the following information:
(1) a schedule, prepared by the applicant's
				  engineer, which lists the major components of the project, the anticipated date
				  of placement into service of the components, the estimated useful life, in
				  years, of the components, and the average estimated useful life of the project;
				  and
(2) a certification by the
				  applicant that the average weighted maturity of the obligations does not exceed
				  120% of the average estimated useful life of the project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter A - INTRODUCTORY PROVISIONS › Section 365.7 - Investment of Funds

Current through Reg. 49, No. 28; July 12, 2024
Money in the fund will be invested in accordance with the
					 board's investment policy.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter B - APPLICATION PROCEDURES › Section 365.21 - Preapplication Meeting

Current through Reg. 49, No. 28; July 12, 2024
An applicant seeking financial assistance should schedule a
					 preapplication conference with the board staff to obtain guidance and establish
					 basic eligibility of the project and of the rural political subdivision for
					 financial assistance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter B - APPLICATION PROCEDURES › Section 365.22 - Application for Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) A rural
				  political subdivision shall submit an application for financial assistance in
				  writing.
(b) The following
				  information is required on all applications to the board for financial
				  assistance.
(1) General, fiscal and legal
				  information required includes:
(A) the name
				  and address of the rural political subdivision;
(B) a citation of the law under which the
				  rural political subdivision operates and was created;
(C) the total cost of the project;
(D) the amount of financial assistance being
				  requested;
(E) a description of the
				  project;
(F) the name, address and
				  telephone number of the authorized representative, engineer and any other
				  consultant(s);
(G) the source of
				  repayment and the status of legal authority to pledge selected
				  revenues;
(H) the financing plan
				  for repaying the total cost of the project;
(I) the rural political subdivision's default
				  history;
(J) the most recent annual
				  financial statements and latest monthly and year-to-date financial reports for
				  the General Fund and Utility Fund of the political subdivision;
(K) a certified copy of a resolution of the
				  rural political subdivision's governing body requesting financial assistance
				  from the board, authorizing the submission of the application, and designating
				  the authorized representative for executing the application, and for appearing
				  before the board;
(L) a notarized
				  affidavit from the authorized representative stating that:
(i) for a rural political subdivision, the
				  decision to request financial assistance from the board was made in a public
				  meeting held in accordance with the Open Meetings Act (Government Code, Chapter
				  551);
(ii) the information
				  submitted in the application is true and correct according to the best
				  knowledge and belief of the representative;
(iii) the applicant has no litigation or
				  other proceedings pending or threatened against the applicant that would
				  materially adversely affect the financial condition of the applicant or the
				  ability of the applicant to issue debt;
(iv) the applicant has no pending,
				  threatened, or outstanding judgments, orders, fines, penalties, taxes,
				  assessment or other enforcement or compliance issue of any kind or nature by
				  EPA, the Texas Commission on Environmental Quality, Texas Comptroller, Texas
				  Secretary of State, or any other federal, state or local government, except for
				  such actions identified in the affidavit; and
(v) the applicant will comply with all
				  applicable federal laws, rules, and regulations as well as the laws of this
				  state and the rules and regulations of the board;
(M) any special request for repayment
				  structure that reflects the particular needs of the rural political
				  subdivision.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter B - APPLICATION PROCEDURES › Section 365.23 - 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. Following completion of planning activities and
				  environmental assessment, 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 pay off the obligations to the board in inverse
				  order of maturity.
(b) 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.
(c) 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 water needs and sources;
				  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;
(3) evidence that an
				  approved water conservation plan will be adopted prior to the release of loan
				  funds;
(4) all information required
				  in §
											365.22(b)(1)
				  of this title (relating to Application for Assistance); 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 365 - RURAL WATER ASSISTANCE FUND › Subchapter B - APPLICATION PROCEDURES › Section 365.24 - Board Consideration of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) 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.
(1) If the applicant has received an
				  obligation of federal funds by the United States Department of
				  Agriculture-Rural Development that would duplicate funding from the board for
				  the same project, as evidenced in writing from the United States Department of
				  Agriculture-Rural Development, or if the applicant has canceled such an
				  obligation, 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.
(2) Board staff may coordinate its review of
				  an application submitted under this subchapter with a federal agency to avoid
				  duplication of efforts and costs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter B - APPLICATION PROCEDURES › Section 365.25 - Findings Required

Current through Reg. 49, No. 28; July 12, 2024
The board, by resolution, may approve the application if it
					 finds that:
(1) the public interest is
				  served by state assistance for the project; and
(2) the revenue or taxes pledged by the
				  applicant will be sufficient to meet all obligations assumed by the applicant
				  during the succeeding period of not more than 50 years.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter B - APPLICATION PROCEDURES › Section 365.26 - 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, 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 365 - RURAL WATER ASSISTANCE FUND › Subchapter C - CLOSING AND RELEASE OF FUNDS › Section 365.42 - Deed of Trust and Other Required Documentation

Current through Reg. 49, No. 28; July 12, 2024
Prior to release of funds, a nonprofit water supply or
					 sewer service corporation must submit an executed Deed of Trust in the form
					 provided by the executive administrator and must submit a policy of title
					 insurance, written to the benefit of the board, which is acceptable in form and
					 substance to the executive administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter C - CLOSING AND RELEASE OF FUNDS › Section 365.43 - 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 rural political subdivision shall submit for
				  approval to the executive administrator the following documents:
(1) a statement as to sufficiency of funds to
				  complete the activity;
(2)
				  certified copies of each contract under which revenues for repayment of the
				  rural 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, evidence 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 365 - RURAL WATER ASSISTANCE FUND › Subchapter C - CLOSING AND RELEASE OF FUNDS › Section 365.44 - Loan Agreements for Nonprofit Water Supply or Sewer Service Corporations

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may provide financial
				  assistance to an applicant that is a nonprofit water supply or sewer service
				  corporation by entering into a loan agreement with the nonprofit water supply
				  or sewer service corporation.
(b)
				  In addition to executing a loan agreement, the applicant must execute a
				  promissory note in the full amount of the loan.
(c) An applicant which utilizes the loan
				  agreement option is not required to engage the services of a bond counsel or a
				  financial advisor.
(d) The
				  applicant must provide the board with an attorney's opinion as to the authority
				  of the rural political subdivision to incur the debt.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 365 - RURAL WATER ASSISTANCE FUND › Subchapter C - CLOSING AND RELEASE OF FUNDS › Section 365.45 - Engineering Design Approvals

Current through Reg. 49, No. 28; July 12, 2024
A rural political subdivision shall obtain executive
					 administrator approval of contract documents, including engineering plans and
					 specifications, prior to receiving bids and awarding the contract. The contract
					 documents shall be consistent with the engineering information submitted with
					 the application and must contain the following:
(1) provisions assuring compliance with the
				  board's rules and all relevant statutes;
(2) provisions providing for the rural
				  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 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 and all rules
				  and published policies of the board; and
(4) any additional information or 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 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.1 - Policy Statement

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the board to provide grants, linked
				  deposits, and loans to conserve and protect the state's water resources and
				  provide resulting benefits to all of the state's citizens. This chapter
				  implements the Texas Water Code, Chapter 17, Subchapter J.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Board--The governing
				body of the Texas Water Development Board.
(2) Conservation program--A program that is:
(A) an agricultural water conservation
				technical assistance program, including a program for an on-farm soil and water
				conservation plan developed jointly by a landowner, an operator, and a local
				soil and water conservation district as provided by Subchapter H, Chapter 201,
				Agriculture Code;
(B) a research,
				demonstration, technology transfer, or educational program relating to
				agricultural water use and conservation;
(C) a precipitation enhancement program in an
				area of the state where the program, in the board's judgment, would be most
				effective;
(D) administered by a
				state agency that provides funding to a political subdivision or person for a
				conservation project; or
(E)
				administered by a political subdivision that provides loans to a person for a
				conservation project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.3 - Eligible Uses of the Fund

Current through Reg. 49, No. 28; July 12, 2024
To the extent authorized by Water Code §
									17.899,
				  the board may use money in the fund to:
(1) provide a grant to a state agency to pay
				the eligible costs for a conservation program or conservation project,
				including a conservation program that provides funding to a political
				subdivision or person for a conservation project;
(2) provide a grant or loan to a political
				subdivision to pay the eligible costs for a conservation program or
				conservation project; and
(3)
				provide a linked deposit to an eligible lending institution for a loan to a
				person for a conservation project pursuant to the terms of §§
									367.15-
				367.20
				of this chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.4 - Determination of Availability

Current through Reg. 49, No. 28; July 12, 2024
(a) Each fiscal
				year, or more frequently at the discretion of the board, the executive
				administrator shall present to the board:
(1)
				a statement of the total available money in the fund;
(2) a recommendation identifying the amount
				of money from the Fund that may be made available to eligible applicants for
				grants and loans.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.5 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be
				considered by the board, all applications submitted for money from the fund
				must include:
(1) the official name and
				address of the applicant;
(2) the
				constitutional and statutory authority creating the applicant and under which
				the applicant currently operates;
(3) the names and addresses of the individual
				or individuals with the legal authority to perform the acts of the entity, and
				title of position;
(4) an affidavit
				from the individual with the authority to act on behalf of the applicant, or a
				certified copy of a resolution adopted or minutes approved by the governing
				body with the authority to act on behalf of the applicant, which:
(A) identifies the amount that the applicant
				is requesting;
(B) authorizes the
				submission of an application on behalf of the entity; and
(C) designates an authorized representative
				to submit the application and perform all reasonable and necessary action in
				support of the application and, if approved by the board, to perform the terms
				and conditions of the award of money from the fund;
(5) the name, address, and title of the
				designated representative;
(6) a
				map and description of the geographic area in which the applicant is authorized
				to conduct such actions as are necessary for the proposed conservation program
				or project;
(7) a description of
				the proposed program or project that includes:
(A) the geographic area in which it will
				occur; and
(B) the time schedule in
				which it will occur;
(8)
				a proposed budget for the program or project that identifies:
(A) the total cost;
(B) the cost of each significant element of
				the program or project; and
(C)
				other sources of funds, if any;
(9) the predicted water conservation and
				other benefits that will be created from the proposed program or
				project;
(10) a conservation plan
				and program of work or other sufficient description of the applicant's
				commitment to water conservation;
(11) identification of a water conservation
				water management strategy identified in the most recent applicable regional
				water plan or state water plan that it will be implemented by the use of the
				grant; and
(12) such additional
				information that may be requested by the executive administrator or the
				board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.6 - Application with Engineering Report

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of §
									367.5 of
				  this chapter, if the funds provided by the board will be used for construction
				  of a conservation project, to be considered by the board the application shall
				  include an engineering feasibility report signed and sealed by a professional
				  engineer licensed in the State of Texas which shall contain:
(1) description and purpose of the
				project;
(2) the cost of the
				project;
(3) a description of
				alternatives considered and reasons for the selection of the project
				proposed;
(4) sufficient
				information to evaluate the engineering feasibility;
(5) maps and drawings as necessary to locate
				and describe the project area;
(6)
				a statement as to whether the proposed construction will require surface or
				subsurface disturbance of the soil or alter the existing vegetation;
				and
(7) such other information or
				data as necessary to evaluate the project and requested the executive
				administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.7 - Application with Environmental Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				In addition to the requirements of §
									367.5
				and §
									367.6
				of this chapter, if the funds provided by the board will be used for
				construction of a conservation project which will require surface or subsurface
				disturbance of the soil or alter the existing vegetation, the applicant shall
				conduct an environmental assessment in compliance with this section. The
				purpose of this section is to provide the executive administrator with
				sufficient information to inform the board whether a proposed project has been
				adequately reviewed by the regulatory agencies and whether such review provides
				a reasonable level of certainty that the project will comply with state and
				federal environmental regulations.
(b) Definition of terms. In this section, the
				following words and terms 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 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.8 - Grants to State Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a) In reviewing a
				grant applications by a state agency, the board shall consider the following:
(1) the commitment of the state agency to
				water conservation; and
(2) the
				benefits that will be gained by making the grant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.9 - Grants to Political Subdivisions

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				reviewing an application by a political subdivision for a grant, the board
				shall consider:
(1) the degree to which the
				political subdivision has used other available resources to finance the use for
				which the application is being made;
(2) the willingness and ability of the
				political subdivision to raise revenue;
(3) the commitment of the political
				subdivision to water conservation; and
(4) the benefits that will be gained by
				making the grant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.10 - Loans to Political Subdivisions

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				reviewing an application by a political subdivision for a loan, the board shall
				consider the ability of the political subdivision to repay the loan and whether
				the loan will further water conservation in this state.
(b) To approve a loan to a political
				subdivision, the board must find that:
(1)
				the public interest is served by providing the loan;
(2) the political subdivision has the ability
				to repay the loan; and
(3) the loan
				will further water conservation in the state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.11 - Loan Maturity and Interest Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				maturity of a loan shall be determined by the board.
(b) The fixed interest rate for a loan shall
				be equal to the asking yield for a U.S. Treasury note with a twelve-month
				maturity on the date that rates are set.
(c) The executive administrator set the
				applicable interest rate for a loan five business days prior to:
(1) the effective date of the loan agreement
				between the board and the political subdivision; or
(2) the adoption by the political subdivision
				of the ordinance or resolution authorizing the bonds to be sold to the
				board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.12 - Construction Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				section applies to conservation projects financed by the board through a grant
				or loan and which include construction.
(b) Prior to the release of funds for
				construction of a conservation project, an approved applicant shall:
(1) submit to the executive administrator
				engineering plans and specifications, 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;
(2) obtain written
				approval from the executive administrator of the submitted engineering plans
				and specifications; and
(3) for
				projects which the approved applicant will execute construction contracts,
				prior to receiving bids and awarding the contract, obtain executive
				administrator approval of the contract documents, such documents to include:
(A) provisions assuring compliance with the
				board's rules and all relevant statutes;
(B) provisions providing for the district to
				retain a minimum of 5.0% of the progress payments otherwise due to the
				contractor until construction is substantially complete and reduction in the
				retainage is authorized by the executive administrator;
(C) 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; and
(D) 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 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.13 - Amendments to a Program or Project

Current through Reg. 49, No. 28; July 12, 2024
Any substantial alteration which involves a change in the
				  basic purpose of a program or project, or which involves an increase in the
				  loan commitment of the board for the project, must be approved in writing by
				  the board. All other changes to the program or project must be approved by the
				  executive administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.14 - Reporting Requirements for Loans

Current through Reg. 49, No. 28; July 12, 2024
A political subdivision that receives a conservation program
				  or project loan shall:
(1) upon
				request of the executive administrator, promptly provide certified copies of
				all minutes, operating budgets, monthly operating statements, contracts with
				borrowers, audit reports and other documents concerning the conservation
				program or project loan; and
(2)
				upon request of the executive administrator or at the end of each state fiscal
				year, shall provide to the executive administrator a report on the loans made
				to borrowers during the preceding state fiscal year, in a format specified by
				the executive administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.15 - Authorization to Execute Agreements

Current through Reg. 49, No. 28; July 12, 2024
The board authorizes the executive administrator to execute a
				  linked deposit agreement with an eligible lending institution to provide money
				  from the fund according to and in compliance with §§ 367.15-
				  367.20
				  of this chapter. The linked deposit agreement shall include the obligations set
				  forth in §§ 367.15-
				  367.20
				  of this chapter and such other terms and conditions determined by the executive
				  administrator to be reasonable and necessary to fulfill the objectives of this
				  chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.16 - Conditions Prior to Execution

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Before the executive administrator may execute a linked deposit agreement, a
				lending institution shall submit to the executive administrator:
(1) the application of a person determined by
				the eligible lending institution to be eligible and creditworthy to receive a
				loan according the criteria of the institution;
(2) a draft loan agreement with such person
				that:
(A) identifies the principal amount of
				the loan which shall not exceed $250,000;
(B) identifies the interest rate to be paid
				by the borrower which shall not exceed the interest rate paid by the eligible
				lending institution to the board plus four percent;
(C) includes a repayment schedule which
				identifies the dates on which payments are due from the loan recipient to the
				lending institution;
(D) limits the
				use of the funds to a conservation project certified pursuant to subsection
				(a)(3) of this section; and
(E)
				contains such other terms and conditions determined by the eligible lending
				institution in its sole discretion to be reasonable for the purposes of a
				private loan agreement;
(3) a certification from:
(A) the eligible lending institution of the
				interest rate applicable to the proposed loan;
(B) a director of a soil and water
				conservation district for the district in which the project is located
				certifying that:
(i) the loan recipient has a
				soil and water conservation plan approved by the district; and
(ii) the project furthers or implements such
				plan; and
(4)
				such other information or documentation as determined by the executive
				administrator to be reasonable and necessary to fulfill the objectives of this
				chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.17 - Board Obligations in Linked Deposit Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon execution of a linked deposit
				agreement by the executive administrator and an eligible lending institution,
				the board, acting through its executive administrator, shall:
(1) deposit with the lending institution the
				amount of money identified in the linked deposit agreement from the fund;
				and
(2) perform such other terms
				and conditions as specified in the linked deposit agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.18 - Lending Institution Obligations in Linked Deposit Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon execution of a linked deposit
				agreement and receipt of money from the board, the lending institution shall:
(1) provide collateral as required in §
										367.21
				of this title (relating to Collateral for Linked Deposits);
(2) lend the value of the deposit being
				provided by the board substantially according to the terms and conditions of
				the draft loan agreement submitted by the lending institution to the executive
				administrator;
(3) pay to the board
				interest on the deposit at a rate equal to the asking yield for a U.S. Treasury
				note with a twelve-month maturity as of the date five days preceding the
				submission of all the documents required of the eligible lending institution to
				the executive administrator requesting a linked deposit agreement;
(4) submit compliance reports to the
				executive administrator annually providing information on the performance of
				the terms of the loan by the person receiving the loan from the lending
				institution and such other information or documents as specified in the linked
				deposit agreement;
(5) return the
				amount of funds provided as a linked deposit as specified in the linked deposit
				agreement; and
(6) perform such
				other terms and conditions as specified in the linked deposit agreement, this
				chapter, the rules of the board, and applicable federal and state
				law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.19 - Requirements after Execution

Current through Reg. 49, No. 28; July 12, 2024
After the executive administrator has executed a linked
				  deposit agreement, the executive administrator shall:
(1) at the next available board meeting and
				each month thereafter, provide a report to the board that:
(A) identifies all linked deposit agreements;
				and
(B) the status of the loans
				made by lending institutions; and
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.20 - State Liability

Current through Reg. 49, No. 28; July 12, 2024
The state is not liable to an eligible lending institution
				  for payment of the principal, interest, or any late charges on a loan made to
				  an approved applicant. A linked deposit is not an extension of the state's
				  credit within the meaning of any state constitutional
				  prohibition.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.21 - Collateral for Linked Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Eligible lending institutions shall secure funds which the board deposits
				pursuant to a linked deposit agreement in an amount not less than the amount of
				the deposit under the linked deposit agreement:
(1) increased by the amount of any accrued
				interest; and
(2) reduced to the
				extent that the United States or an instrumentality of the United States
				insures the deposit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.22 - Records of Depository

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible
				lending institutions shall maintain a separate, accurate, and complete record
				relating to the pledged securities, the deposit of the board's funds, and all
				transactions related to the pledged securities.
(b) The comptroller or the executive
				administrator may examine and verify at any reasonable time the pledged
				securities or a record an eligible lending institution maintains under this
				section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.23 - Deposit of Pledged Securities with Custodian

Current through Reg. 49, No. 28; July 12, 2024
(a) An eligible lending institution shall
				deposit with a custodian a pledged security. The custodian and the executive
				administrator shall agree in writing on the terms and conditions for securing a
				linked deposit.
(b) A custodian
				must be approved by the executive administrator, either in the linked deposit
				agreement or separately, and be:
(1) a state
				or national bank that:
(A) is designated by
				the comptroller as a state depository;
(B) has its main office or a branch office in
				this state; and
(C) has a capital
				stock and permanent surplus of $5 million or more;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.24 - Custodian's Deposit of Pledged Security with Another Institution

Current through Reg. 49, No. 28; July 12, 2024
(a) The custodian may deposit a pledged
				security with one of the following institutions:
(1) a Federal Reserve Bank;
(2) a clearing corporation as defined by
				§
										8.102, Texas Business
				and Commerce Code;
(3) a bank
				eligible to be a custodian under §
										367.23
				of this title (relating to Deposit of Pledged Securities with Custodian);
				or
(4) a state or nationally
				chartered bank that is controlled by a bank holding company that controls a
				bank eligible to be a custodian under §
										367.23
				of this title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.25 - Records of Custodian

Current through Reg. 49, No. 28; July 12, 2024
(a) The custodian
				shall maintain a separate, accurate, and complete record relating to each
				pledged security and each transaction relating to a pledged security.
(b) The comptroller or the executive
				administrator may examine and verify at any reasonable time a pledged security
				or a record a custodian maintains under this section. The board or its agent
				may inspect at any time a pledged security evidenced by a trust
				receipt.
(c) The custodian shall
				file a collateral report with the comptroller in the manner and on the dates
				prescribed by the comptroller.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 367 - AGRICULTURAL WATER CONSERVATION PROGRAM › Section 367.26 - Audits and Examinations

Current through Reg. 49, No. 28; July 12, 2024
As part of an audit or regulatory examination of an eligible
				  lending institution or custodian, the auditor or examiner shall examine and
				  verify pledged securities and records maintained under this chapter, and shall
				  report any significant or material noncompliance with this chapter to the
				  comptroller and 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 A - GENERAL PROGRAM REQUIREMENTS › Section 371.1 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise. Words defined in the Texas Water Code, Chapter 15, 16 or 17, and not
					 defined here shall have the meanings provided by the appropriate Texas Water
					 Code chapter.
(1) Acquisition--The
				  Applicant obtaining interests in land for the purposes of locating eligible
				  project components.
(2) Act--The
				  Federal Safe Drinking Water Act,
				  42 U.S.C. §
											300f 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 DWSRF 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter A - GENERAL PROGRAM REQUIREMENTS › Section 371.3 - Other Authorized Activities: Source Water Protection and Technical Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) DWSRF financial assistance is available
				  to eligible Applicants for:
(1)
				  implementation of local, voluntary source water protection measures to protect
				  source water of the system from contamination and to ensure compliance with
				  national primary drinking water regulations applicable to the community water
				  system;
(2) assistance in the
				  development of voluntary local incentive-based partnerships to reduce the
				  presence of contaminants, to provide financial, managerial, or technical
				  assistance, and to develop recommendations for voluntary, long-term source
				  water protection strategies;
(3) a
				  capacity development strategy to assist public water systems in developing and
				  maintaining adequate technical, financial, and management capacity;
				  and
(4) establishment and
				  implementation of wellhead protection programs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter A - GENERAL PROGRAM REQUIREMENTS › Section 371.4 - Federal Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Davis-Bacon
				  Act Prevailing Wage Provision. The Applicant must comply with the requirements
				  of section 1452(a)(5) of the Act (
				  42 U.S.C. §
											300j-12(a)(5)) in all
				  procurement contracts and sub-grants, and require that loan recipients,
				  procurement contractors, and sub-grantees include such a term and condition in
				  subcontracts and other lower tiered transactions. The Davis-Bacon prevailing
				  wage requirements, as provided in
				  40
				  U.S.C. §§
											3141-
				  3148
				  and the Department of Labor's implementing regulations, apply to any
				  construction project funded by the DWSRF.
(b) National Environmental Policy Act-like
				  environmental review. The National Environmental Policy Act provisions apply to
				  projects receiving DWSRF assistance. The requirements are specified in
				  Subchapter E of this chapter.
(c)
				  Signage. Equivalency projects must comply with the EPA signage requirements
				  implemented to enhance public awareness of DWSRF projects.
(d) American Iron and Steel requirements. As
				  delineated in the applicable IUP, assistance recipients may be required to use
				  only iron and steel products that are produced in the United States for
				  projects for the construction, alteration, maintenance, or repair of a public
				  water system.
(e) Other Federal
				  Requirements. Other federal statutory, regulatory, executive order, and/or
				  guidance and policy authority may apply. Federal requirements are further
				  detailed in the IUP under which a project was funded.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 371.10 - Type 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 the
					 Act.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 371.11 - 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 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 371.12 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 371.13 - 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 phase 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.