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 B - FINANCIAL ASSISTANCE › Section 371.14 - Lending Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms have the following meanings when used in this
				  section, 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 371.15 - Fees of Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The
				  Applicant will be assessed charges for recovering administrative costs of all
				  projects receiving DWSRF 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 2 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 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 371.16 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter B - FINANCIAL ASSISTANCE › Section 371.17 - Principal Forgiveness

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				  may provide principal forgiveness for financial assistance for:
(1) an entity that meets the affordability
				  criteria established in this chapter and in the IUP for a Disadvantaged
				  Community; or
(2) an entity that
				  meets the criteria established in the IUP for other subsidies allowed under the
				  federal appropriations law or the capitalization grant.
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 371.18 - 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 commitment
				  and at 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter C - INTENDED USE PLAN › Section 371.20 - 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 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter C - INTENDED USE PLAN › Section 371.21 - Rating Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Projects in an
				  IUP will be rated based upon the information, and any accompanying supporting
				  documentation, submitted by the Applicant on the project information
				  form.
(b) Projects will be rated
				  based on the following factors:
(1) Health
				  and compliance. Factors regarding public health concerns/issues or violations
				  of maximum contaminant levels pursuant to 40 CFR Part 141.
(2) Effective management. Whether an entity
				  has adopted or plans to prepare an Asset Management Plan and provide training
				  to the Applicant's governing body and employees, whether the project addresses
				  water conservation and energy efficiency, and whether the project implements a
				  state or regional water plan.
(3)
				  Eligibility as Disadvantaged Community. Projects located in disadvantaged
				  communities, as defined in Subchapter A of this Chapter.
(4) Additional factors as designated within
				  the applicable IUP and determined 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 C - INTENDED USE PLAN › Section 371.22 - 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 make amendments 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter C - INTENDED USE PLAN › Section 371.23 - 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 water
				  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) Project Priority List.
				  Available program funds will be applied to the list of projects designated to
				  receive funding. The methods used for ranking include:
(1) Project costs. Project costs will be
				  determined by cost estimates contained in the project information form if the
				  executive administrator deems those costs reasonable and acceptable; the costs
				  will also be reflected in the applicable IUP.
(2) Tie-breakers. If two or more projects
				  receive the same rating, then the executive administrator will use the
				  tie-breaker procedures listed in the applicable IUP.
(3) Bypass procedure. The executive
				  administrator may bypass higher rated and ranked projects if:
(A) an incomplete application is submitted as
				  described in §
												371.31
				  of this title (relating to Timeliness of Application and Required Application
				  Information); or
(B) a bypass is
				  necessary to fund certain types of projects as detailed in the applicable IUP
				  or as required by capitalization grant conditions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter C - INTENDED USE PLAN › Section 371.24 - 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
				  consolidation project changes and the change does not result in a change to the
				  combined rating factor; and
(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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 371.30 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 371.31 - 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 by the deadlines
				  established by the executive administrator. 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 the date 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 371.32 - Review of Applications for Financial Assistance

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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 371.33 - Refinancing

Current through Reg. 49, No. 28; July 12, 2024
(a) An application to refinance existing debt
				  for eligible projects may be accepted by the executive administrator when
				  sufficient funds are available to provide refinancing. If refinancing funds are
				  available in an IUP, then the eligible Applicant shall describe the need for
				  the eligible project and provide other specific information detailed in the
				  project information form or 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 meets the criteria
				  required 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 371.34 - 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 §
										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 financial assistance
				  received from the DWSRF, or any additional financial assistance provided by the
				  Board, 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 371.35 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter D - APPLICATION FOR ASSISTANCE › Section 371.36 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.40 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined differently within this
					 subchapter, the following terms and acronyms, used in this subchapter,
					 mean:
(1) Affected community--A
				  community potentially impacted by the proposed project.
(2) Categorical Exclusion (CE)--An
				  environmental finding issued by the Board for projects that would not
				  individually or cumulatively have a significant adverse effect on the human
				  environment and for which, therefore, the Applicant is not required to prepare
				  an Environmental Information Document or an Environmental Impact
				  Statement.
(3) Emergency Relief
				  Project--An infrastructure construction project that provides relief to an
				  entity experiencing an emergency condition or incident that causes an imminent
				  peril to public health, safety, environment, or welfare, including natural
				  disasters, such as:
(A) the failure or
				  destruction of public water supply pipelines, transmission, or distribution
				  systems;
(B) the threat of or
				  actual contamination of a public water supply;
(C) sustained or permanent service disruption
				  of a source water or water treatment system;
(D) the reduction of public water supplies to
				  critical levels by drought or other natural cause(s); or
(E) any other emergency condition as
				  described in an IUP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.41 - 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 DWSRF. Environmental review of all proposed
				  infrastructure projects is a condition of the use of DWSRF 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 process
				  described in this subchapter applies to the maximum extent legally and
				  practicably feasible. However, the environmental review process may be modified
				  due to an emergency condition as described in §
										371.40(3)
				  of this title (relating to Definitions). 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 §
												371.42
				  of this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.42 - 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 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.43 - 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
				  §
										371.42
				  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 §
											371.42
				  of this subchapter;
(4) any
				  information that may be helpful to determine whether any extraordinary
				  circumstances, as listed in §
											371.42
				  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.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.44 - Board's Environmental Finding: Finding of No Significant Impact

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and applicability. A Finding of
				  No Significant Impact (FONSI) may be issued if the proposed action will not
				  have a significant effect on the human environment. A FONSI shall be based upon
				  the information submitted by the Applicant and upon the environmental
				  assessment (EA) prepared by the executive administrator.
(b) Environmental Assessment. An
				  Environmental Assessment is required when the proposed project is expected to
				  result in environmental impacts and the significance of those impacts is not
				  known. When the executive administrator preliminarily determines that the
				  impacts will not be significant and may be addressed by ordinary mitigation
				  measures, then an Environmental Assessment will be prepared. An Environmental
				  Assessment is not required if the proposed action is categorically excluded or
				  if an Environmental Impact Statement is required.
(c) Contents of an Environmental Assessment.
(1) An Environmental Assessment shall include
				  a brief discussion of the following:
(A) the
				  purpose and need for the proposed project and an estimate of cost of the
				  project;
(B) the alternatives
				  considered, including the no action alternative, and the reasons for the
				  rejection or acceptance of the alternatives;
(C) the affected environment, including
				  baseline conditions that may be impacted by the proposed actions and the
				  alternatives;
(D) the environmental
				  impacts of the proposed project and the alternatives, including any unresolved
				  conflicts concerning alternative use of available resources; and
(E) applicable environmental laws and
				  executive orders.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.45 - Applicant Requirements: Environmental Information Document

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant shall prepare an
				  Environmental Information Document (EID) in consultation with the executive
				  administrator for projects that have potential adverse environmental impacts
				  and the significance of those impacts is not known. The executive administrator
				  will provide guidance on the format and contents of the EID prior to the
				  initiation of planning for the proposed project or as soon as practicable upon
				  receipt of an application. An EID is not required when:
(1) the project is eligible for a CE or
				  requires the preparation of an EIS;
(2) the Applicant submits a previous
				  environmental finding that meets DWSRF program requirements, including
				  compliance with the NEPA; or
(3)
				  the Applicant prepares and submits a draft EIS and supporting documents that
				  meet DWSRF program requirements, including compliance with the NEPA.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.46 - Environmental Impact Statements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose and applicability. An EIS examines impacts from the proposed project
				  that are significantly affecting the human environment, requires close
				  coordination with the Board and other agencies, and is the primary basis for
				  the Board's issuance of a Record of Decision.
(b) Required EIS. An EIS shall be prepared
				  for:
(1) new regional water supply systems
				  for a community with a population greater than 100,000;
(2) actions likely to have a significant
				  adverse effect on:
(A) local ambient air
				  quality;
(B) local ambient noise
				  levels;
(C) surface water
				  reservoirs or navigation projects;
(D) the environment due to the releases of
				  radioactive, hazardous, or toxic substances or biota;
(E) federal or state natural landmarks or any
				  property eligible for the national or state register of historic places;
				  or
(F) environmentally important
				  natural resources such as wetland, floodplains, significant agricultural lands,
				  aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers,
				  and significant fish or wildlife habitat;
(3) actions inconsistent with federal, state,
				  local, or Indian tribe environmental, resources protection, or land use laws or
				  approved land use plans or regulations;
(4) actions likely to significantly affect
				  the pattern and type of land use or growth and distribution of population,
				  including altering the character of residential areas;
(5) actions that in conjunction with federal,
				  state, local, or Indian tribe projects are likely to produce significant
				  cumulative impacts; and
(6) actions
				  with uncertain environmental effects or highly unique environmental risks that
				  are likely to be significant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.47 - Decision to Prepare an Environmental Impact Statement: Notice of Intent

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of Intent (NOI) to prepare an EIS.
				  When the executive administrator recommends the issuance of an EIS, a NOI will
				  be published in the Texas Register in order to provide the public with the
				  opportunity to participate in a scoping meeting.
(b) Contents of NOI. The NOI shall contain
				  information about a scoping meeting which shall be held no sooner than fifteen
				  days after the publication of the notice of intent. The public comment period
				  for the proposed scope of the EIS shall be at least forty-five days.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.48 - Board's Environmental Finding: Record of Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) General. A Record of Decision (ROD)
				  results from an extensive environmental review of a proposed project's
				  potential environmental impacts as detailed in an EIS.
(b) Contents of ROD. A ROD must include the
				  following components:
(1) a brief description
				  of the proposed project and the alternatives considered in the EIS as well as
				  the environmental factors considered and the project's impacts;
(2) commitments to implement mitigation
				  measures;
(3) an explanation if the
				  environmentally preferred alternative was not selected;
(4) responses to substantive comments on the
				  final EIS;
(5) the executive
				  administrator's statement that the Applicant has committed to the mitigation
				  measures and that the Applicant has the ability and the authority to fulfill
				  the commitment to the measures; and
(6) the date of issuance and the signature of
				  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 E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.49 - Applicant Requirements: Environmental Impact Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) Third party contractor. The Applicant
				  shall contract with a third-party contractor at its own expense to prepare an
				  EIS and any associated documents required for consideration by the executive
				  administrator.
(b) Executive
				  administrator approval. The executive administrator must approve of and
				  participate in the Applicant's selection of the third-party contractor. The
				  third party contractor shall be selected on the basis of its qualifications to
				  prepare the EIS, including experience with data collection and analyses as well
				  as with the clear presentation of information and data. The third-party
				  contractor shall be responsible for providing technical advice to the Applicant
				  and for receiving and incorporating technical advice from the executive
				  administrator.
(c) The third-party
				  contractor shall not have any financial or other interest in the proposed
				  project and must submit a disclosure statement to the executive administrator
				  documenting the fact that it has no financial or other interest in the
				  project.
(d) Contract with third
				  party. The Applicant and the executive administrator must agree to the creation
				  and terms of a contract with the third party jointly selected by them to
				  prepare the EIS. The contract terms must ensure that the third party does not
				  have recourse to the Board or the EPA for financial or other claims arising
				  under the contract.
(e) The
				  third-party contractor shall cooperate with the executive administrator and
				  shall provide draft documents, analyses, and conclusions that adequately assess
				  the relevant environmental issues for review, comment, and direction from the
				  executive administrator. The executive administrator shall have sole
				  responsibility to ensure that the EIS and any associated documents adequately
				  address the relevant environmental issues.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.50 - Proposed Project Alterations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Proposed project changes during review. The Applicant must notify the executive
				  administrator if during the environmental review process, the Applicant:
(1) changes its plans for the project as
				  originally submitted; or
(2)
				  changes its schedule for the project from the originally submitted
				  schedule.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.51 - Use of Previously Prepared Environmental Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) Adoption of a previous environmental
				  finding. Previous environmental findings issued by the EPA and other agencies
				  may be adopted in accordance with this section, provided that the finding was
				  produced through procedures in compliance with the NEPA. The executive
				  administrator must re-evaluate the proposed financial assistance application as
				  well as environmental conditions and public comment to determine whether to
				  conduct a supplemental environmental review of the action and complete an
				  appropriate document in compliance with the NEPA, or to reaffirm the original
				  finding.
(b) Previously required
				  mitigation measures. Any and all mitigation measures specified in the previous
				  finding for the applicable project components shall be applied as conditions of
				  the commitment and closing for financial assistance documents and shall be
				  consistent with the requirements of this subchapter.
(c) Method of adoption of a previous
				  environmental finding. The previous finding will be adopted through the
				  issuance of a Statement of Findings when the proposed project and its previous
				  finding will be adopted without substantial modifications. The previous finding
				  may also be adopted in a FONSI.
(d)
				  Validity of previous environmental findings and re-evaluation. An environmental
				  finding shall be re-evaluated if it was issued five years or more prior to the
				  executive administrator's environmental review and if:
(1) the proposed project has not yet been
				  implemented;
(2) there has been
				  substantial change in the proposed infrastructure project that is relevant to
				  environmental concerns; and
(3)
				  there are significant new circumstances or information relevant to
				  environmental impacts of the proposed action.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter E - ENVIRONMENTAL REVIEWS AND DETERMINATIONS › Section 371.52 - Emergency Relief Project Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  an Applicant requests funding for an emergency relief project, the executive
				  administrator shall review all information relevant to the emergency, proposed
				  project, status of environmental review of the proposed project, known issues
				  with the natural or cultural environment of the project area, and availability
				  of funding.
(b) If an emergency
				  condition described in §
										371.40(3)
				  of this title (relating to Definitions) is present, the Board may authorize
				  funding for the emergency relief project, subject to availability of funds,
				  without full preparation or public review of NEPA review documentation
				  (including a CE finding, EA, or EIS) if the executive administrator determines
				  that:
(1) delaying commencement of project
				  construction during the period it would take to prepare, review, and circulate
				  NEPA documentation, would increase the imminent peril to public health, safety,
				  environment, or welfare; and
(2)
				  consultations required by the Endangered Species Act and National Historic
				  Preservation Act have been completed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter F - ENGINEERING REVIEW AND APPROVAL › Section 371.60 - 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 F - ENGINEERING REVIEW AND APPROVAL › Section 371.61 - Engineering Feasibility Report

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Applicant shall submit an engineering feasibility report signed and sealed by a
				  professional engineer registered in the State. The report, based on guidelines
				  provided by the executive administrator, must provide:
(1) a description and purpose of the project;
(2) the names of the entities to
				  be served, along with the current and future population;
(3) the cost of the project;
(4) a description of the alternatives
				  considered and reasons for selection of the project proposed;
(5) sufficient information to evaluate the
				  engineering feasibility;
(6) maps
				  and drawings as necessary to locate and describe the project area;
(7) sufficient detail to document how the
				  project will remedy the drinking water issues and problems that were evaluated
				  for rating on the IUP;
(8)
				  information showing that the project is cost effective; and for projects that
				  implement new systems or significantly alter current systems, a detailed
				  cost-effective analysis, including detailed operation and maintenance costs,
				  may be requested to document program eligibility;
(9) a detailed project schedule with
				  timelines for each phase of the project and the milestones within each phase of
				  the project; and
(10) any other
				  information or data necessary to evaluate the proposed project. The Applicant
				  must submit any additional information requested by the executive administrator
				  to document the project's eligibility for funding by the program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter F - ENGINEERING REVIEW AND APPROVAL › Section 371.62 - Contract Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Contract
				  documents include the documents that form the construction contracts and the
				  documents that form the contracts for alternative methods of project delivery,
				  which may include the construction phase or other phases of the project.
(b) Unless otherwise specified by
				  the executive administrator, an Applicant must submit at least one paper and
				  one electronic copy of proposed contract documents, including engineering plans
				  and specifications, which must be as detailed as would be required for
				  submission to contractors bidding on the work. The Applicant must provide the
				  executive administrator with all contract documents proposed for bid
				  advertising. The executive administrator will review contract documents:
(1) to ensure consistency with the approved
				  engineering feasibility report and with approved environmental planning
				  documents;
(2) to ensure the
				  proposed construction drawings and specifications provide adequate information
				  so that a contractor can bid and construct the project without additional
				  details or directions;
(3) to
				  ensure compliance with Commission rules at Title 30 Texas Administrative Code
				  Chapter 290 relating to Public Drinking Water, and other applicable state and
				  federal laws and rules;
(4) to
				  ensure the contract documents notify the contractor about the Board's authority
				  to audit project files and inspect during construction; and
(5) to ensure compliance with other
				  requirements as provided in guidance forms and documents, including any
				  additional documentation required by EPA for 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 F - ENGINEERING REVIEW AND APPROVAL › Section 371.63 - Advertising and Awarding Construction Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicable laws and rules. The Applicant
				  shall comply with State procurement laws and rules and with applicable federal
				  procurement rules, depending on the equivalency requirements for the financial
				  assistance.
(b) Executive
				  administrator approval required. The Applicant shall not proceed to advertising
				  for bids on the project without express written approval of the solicitation
				  documents by the executive administrator. If the applicant proceeds to
				  advertising without approval, it may affect eligibility for funding.
(c) Changes prior to award. If the Applicant
				  needs to alter the plans, specifications, or contract documents after the
				  executive administrator's approval, then the Applicant shall:
(1) provide the information and reasons
				  relating to the changes therefore, if changes are required prior to bidding.
				  The executive administrator must affirmatively approve any changes prior to
				  advertising.
(2) incorporate
				  changes that occur after advertising into an addendum and provided to the
				  executive administrator for approval as part of the bidding process.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 371 - DRINKING WATER STATE REVOLVING FUND › Subchapter F - ENGINEERING REVIEW AND APPROVAL › Section 371.64 - Use of Alternative Delivery Guidance

Current through Reg. 49, No. 28; July 12, 2024
An applicant choosing to follow an alternative delivery
					 method must elect to do so, and notify the Board, prior to commitment of TWDB
					 funds. Once a funding request is approved by the Board, release of funds for
					 project-specific tasks is governed by the provisions of the Alternative
					 Delivery Guidance rather than the rules and procedures generally applied to
					 Design-Bid-Build project delivery as set out in Subchapters F, G, and H of this
					 Chapter.