Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter O - REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANNING AND FINANCIAL ASSISTANCE GENERAL PROVISIONS › Section 330.645 - Financial Assistance for Regional and Local Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. The municipal solid waste
				  management planning fund is established by the Comprehensive Municipal Solid
				  Waste Management, Resource Recovery, and Conservation Act (Texas Health and
				  Safety Code, Chapter 363) as a special fund in the state treasury.
(b) Administration of the planning fund.
(1) The executive director shall administer
				  the financial assistance program and the planning fund under the direction of
				  the commission.
(2) An applicant
				  for financial assistance from the planning fund shall agree to comply with
				  commission rules, and any other requirements adopted by the
				  commission.
(3) The executive
				  director shall not authorize release of funds under an application for
				  financial assistance until the applicant has furnished the executive director
				  with a resolution adopted by the governing body of each public agency or
				  planning region that is a party to the application certifying that:
(A) the applicant will comply with the
				  provisions of the financial assistance program and the requirements of the
				  commission;
(B) the grant will only
				  be used for the purposes for which it was provided;
(C) regional or local solid waste management
				  plans, along with their implementation plans, developed with state financial
				  assistance will be adopted by the governing body as its policy; and
(D) future municipal solid waste management
				  activities will, to the extent reasonably feasible, conform to the regional or
				  local solid waste management plan.
(4) The planning fund shall not be used for
				  the preparation of final design and working drawings, construction, acquisition
				  of land, or an interest in land, or payment for recovered resources.
(5) The order of priority to be given to
				  applicants in receiving financial assistance shall be determined by:
(A) the need to initiate or improve the solid
				  waste management program within the applicant's jurisdiction;
(B) the needs of the state;
(C) the financial need of the
				  applicant;
(D) the degree that the
				  proposed plan work program will result in improvements that meet the
				  requirements of other applicable state, regional, and local solid waste
				  management plans or activities;
(E)
				  a positive consideration for applicants who have completed approved plans while
				  utilizing their own resources; and
(F) a positive consideration for applicants
				  who have committed a substantial amount of their own resources for development
				  of an approvable plan at the time that a request is made for state financial
				  assistance.
(6) The
				  executive director may approve an application consistent with the provisions of
				  this section when the executive director finds state financial participation is
				  in the public interest and when it is determined that both state and regional
				  or local funding is sufficient to complete the agreed scope of services. The
				  executive director shall approve or disapprove an application for financial
				  assistance within 90 days of its receipt.