Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter M - STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS › Section 363.1307 - 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 construction costs associated with funding of a
				  project under §
										363.1305
				  of this subchapter (relating to Use of Funds). 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 construction 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 redeem bonds purchased by the board in inverse order of
				  maturity.
(b) Reservoir projects
				  are eligible for a board commitment to fund planning, permitting, acquisition,
				  and design costs under this option. Applicants for reservoir construction funds
				  must complete planning, permitting, acquisition, and design before receiving a
				  commitment to fund reservoir construction costs.
(c) 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, 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.
(d)
				  Applications for pre-design funding must include the following information:
(1) for loans including construction cost,
				  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; 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, which
				  may be in draft form;
(3) evidence
				  that an approved water conservation plan will be adopted prior to
				  closing;
(4) all information
				  required in §
											363.12
				  of this chapter (relating to General, Legal and Fiscal Information);
				  and
(5) any additional information
				  the executive administrator may request to complete evaluation of the
				  application.