reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.933 - Pre-Design Funding Option

Current through Reg. 49, No. 28; July 12, 2024
(a) Use of the
					 pre-design funding option. 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.
(b)
					 Applications. Applications for pre-design funding must include the following
					 information:
(1) for loans which include
					 building costs and which require engineering services, 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
					 flows; 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;
					 and
(3) 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 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.934 - Engineering Design Approvals

Current through Reg. 49, No. 28; July 12, 2024
The following applies to projects requiring engineering
						services.
(1) A rural community shall
					 obtain executive administrator approval of contract documents, including
					 engineering plans and specifications, prior to receiving bids and awarding the
					 contract.
(2) After receiving bids,
					 the rural community will submit for the executive administrator's approval the
					 following documents:
(A) a tabulation of all
					 bids received and an explanation for any rejected bids or otherwise
					 disqualified bidders;
(B) one
					 executed original copy of each construction contract;
(C) evidence that the necessary acquisitions
					 of land, leases, easement and rights-of-way have been completed or that the
					 rural community has the legal authority to complete the acquisitions;
					 and
(D) 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 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.935 - Interest Rate

Current through Reg. 49, No. 28; July 12, 2024
The board will establish interest rates for loans from
						the rural community water and wastewater loan fund in accordance with the
						Municipal Market Data A scale minus 150 basis points.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.936 - Audits

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator may conduct financial,
						engineering, and environmental audits of every project which is financed in
						whole or in part by the board. Audits may be conducted on site and board staff
						shall be provided access to all project records necessary to complete such
						audit. The rural community shall take actions to correct any items found to be
						in noncompliance with agreements relating to board financial
						assistance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION › Section 363.951 - Construction Contract Requirements

Current through Reg. 49, No. 28; July 12, 2024
The rural community shall require in all project
						construction contracts that:
(1) each
					 bidder furnish a bid guarantee equivalent to five percent of the bid
					 price;
(2) each contractor awarded
					 a construction contract furnish performance and payment bonds as follows:
(A) the performance bond must include
					 guarantees that work done under the contract will be completed and performed
					 according to approved plans and specifications in accordance with sound
					 construction principles and practices; and
(B) the performance and payment bonds must be
					 in a penal sum of not less than 100 percent of the contract price and remain in
					 effect for one year after the date of approval by the engineer of the rural
					 community;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION › Section 363.952 - Filing the Construction Contract

Current through Reg. 49, No. 28; July 12, 2024
The rural community shall file with the board a certified
						copy of each construction contract it enters into for the construction of all
						or part of a project. Each contract must contain or have attached to it the
						specifications, plans, and details of all work included in the
						contract.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION › Section 363.953 - Inspection of Projects

Current through Reg. 49, No. 28; July 12, 2024
After a construction contract is awarded, the rural
						community shall provide for adequate inspection of the project by a registered
						professional engineer and require the engineer's assurance that the work is
						being performed in a satisfactory manner in accordance with the approved plans
						and specifications, other engineering design or permit documents, approved
						alterations, and provisions for environmental mitigative measures. The
						executive administrator is authorized to inspect the construction and materials
						of any project at any time, but such inspection shall never subject the State
						of Texas to any action for damages. The political subdivision shall take
						corrective action as necessary to complete the project in accordance with
						approved plans and specifications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION › Section 363.954 - Alteration of Plans

Current through Reg. 49, No. 28; July 12, 2024
After the executive administrator approves the
						engineering plans, a rural community may not make any substantial or material
						alteration in the plans unless the executive administrator authorizes the
						alteration.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter I - PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION › Section 363.955 - Certificate of Approval

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator may consider the following as
						grounds for refusal to give a certificate of approval for any construction
						contract:
(1) failure to construct the
					 project according to the approved plans and specifications; or
(2) failure to comply with any term of the
					 contract.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1001 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
The sections of this subchapter shall pertain to
					 applications for financing state participation projects authorized by the Texas
					 Water Code, Chapter 16, Subchapters E and F. Unless in conflict with the
					 provisions of this subchapter, the provisions of Subchapter A of this chapter
					 (relating to General Provisions) shall apply to state participation projects.
					 The requirements of this subchapter do not apply if the board is acting
					 singly.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1002 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following word and terms, when used in this subchapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Excess capacity--The
				  difference between the foreseeable needs of the area to be served by the useful
				  life of the facility and the existing needs for the area to be served by the
				  facility.
(2) Facility--A regional
				  or interregional facility for which an application has been submitted
				  requesting financial assistance from the state participation account and that
				  includes sufficient capacity to serve the existing needs of the applicant and
				  excess capacity.
(3) Alternate
				  facility--A construction project that would be necessary to serve the excess
				  capacity of the area to be served by the facility in the event that the
				  facility was not initially constructed to meet the excess capacity.
(4) Existing needs--Maximum capacity
				  necessary for service to the area receiving service from the facility for
				  current population and including the service necessary to serve the estimated
				  population in the area ten years from the date of the application.
(5) New water supply project--A project which
				  will create new, usable water supply through the construction of a reservoir,
				  dam, stormwater retention basin, or the development of conservation or
				  innovative technologies including, but not limited to, desalinization,
				  demineralization, other advanced water treatment practices, floodwater
				  harvesting, or aquifer storage and recovery.
(6) State Participation II Account--An
				  account within the State Participation Account for the development of
				  desalination or aquifer storage and recovery facilities under Texas Water Code
				  16.146.
(7) Water plan project--A project which is
				  identified as a recommended strategy in the water plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1003 - Board Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  does not apply to use of the State Participation Account II.
(b) Unless otherwise directed by legislation,
				  or in accordance with subsection (c), the board will only use the State
				  Participation Account of the Texas Water Development Fund II to provide
				  financial assistance for all or a part of the cost to construct the excess
				  capacity of:
(1) an eligible new water supply
				  or water plan project where:
(A) at least 20%
				  of the total facility capacity of the proposed project will serve existing
				  need, or
(B) the applicant will
				  finance at least 20% of the total project cost from sources other than the
				  State Participation Account; and
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1004 - Application for Assistance

Current through Reg. 49, No. 28; July 12, 2024
In addition to any other information that may be required
					 by the executive administrator or the board, the applicant shall
					 provide:
(1) a resolution from its
				  governing body which shall:
(A) request
				  financial assistance and identify the amount of requested assistance;
(B) designate the authorized representative
				  to act on behalf of the governing body; and
(C) authorize the representative to execute
				  the application, appear before the board on behalf of the applicant, and submit
				  such other documentation as may be required by the executive administrator or
				  the board;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1005 - Approval of Engineering Feasibility Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for financial assistance provided
				  through the pre-design funding option under §
										363.16
				  of this title (relating to Pre-design Funding Option), the executive
				  administrator must approve the engineering feasibility report before the
				  executive administrator determines that the application is complete and
				  presents it to the board for a commitment. The executive administrator will
				  approve the engineering feasibility report after determining that the items
				  listed in §
										363.1004(10)
				  of this title (relating to Application for Assistance) have been completed, the
				  appropriate environmental determinations have been completed in accordance with
				  §
										363.14
				  of this title (relating to Environmental Assessment), the project has been
				  determined to be cost effective, and the financial assistance recipient has
				  agreed to incorporate all mitigating measures directed by the executive
				  administrator.
(b) If changes occur
				  in the project after approval of the engineering feasibility data, the
				  executive administrator may request additional engineering and/or environmental
				  information in order to ascertain that the financial assistance commitment and
				  environmental determination continues to be appropriate.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1006 - Prioritization System

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  administrator will prioritize all applications in accordance with §
										363.1007 of this title and may
				  prioritize projects under §363.1007(b) and (c) separately. The executive
				  administrator will provide the prioritization to the board for approval. The
				  executive administrator may set additional application deadlines, prioritize
				  applications, and present the prioritization and those applications to the
				  board for a commitment if the executive administrator deems it necessary in
				  order to utilize available funds in any fiscal year. To be considered for
				  prioritization, an applicant must provide adequate information to establish
				  that the applicant qualifies for state participation funding, to describe the
				  project comprehensively, and to establish the cost of the project, as well as
				  any other information requested by the executive administrator. The executive
				  administrator will develop and provide to applicants detailed information on
				  the abridged application necessary for prioritization. If an applicant submits
				  an abridged application for prioritization purposes, the applicant must submit
				  a complete application to the board within 30 days after the board meeting at
				  which the applicant's project received priority for funding, or the project
				  will lose its priority ranking and the board may commit to other projects
				  consistent with the prioritization.
(b) Prior to each board meeting at which
				  applications may be considered, the executive administrator shall:
(1) for each application that the executive
				  administrator has determined has adequate information for prioritization
				  purposes, prioritize the applications using the criteria identified in §
											363.1007 of this title (relating
				  to Prioritization Criteria).
(2)
				  provide to the board a prioritized list of all applications as recommended by
				  the executive administrator, the amount of funds requested and the priority of
				  each application received; and
(3)
				  identify to the board, the total amount of funds available in the State
				  Participation Account for new applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1007 - Prioritization Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The board will
				  give priority to projects that the legislature has determined shall receive
				  priority for financial assistance from the State Participation
				  Account.
(b) Except as provided by
				  subsection (c), after first prioritizing projects that the legislature has
				  determined shall receive priority, the factors to be used by the executive
				  administrator to prioritize the remaining projects seeking financial assistance
				  from the State Participation Account shall be as follows:
(1) water development projects will receive
				  priority over wastewater projects;
(2) priority will be given to projects which
				  have received previous board funding for facility planning, design, or
				  permitting for the project;
(3)
				  priority will be given to entities that:
(A)
				  have already demonstrated significant water conservation savings, as determined
				  by comparing the highest rolling five-year average gallons per capita per day
				  since 1980 to the average gallons per capita per day for the most recent
				  four-year period; or
(B) will
				  achieve significant water conservation savings by implementing the proposed
				  project for which the financial assistance is sought, as determined by
				  comparing the conservation to be achieved by the project with the average
				  gallons per capita per day for most recent four-year period.
(4) priority will be given to
				  projects which have the earliest identifiable need, as outlined in the water
				  plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1008 - Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided by subsection (b), the board may provide funding from the State
				  Participation Account when the information available to the board is sufficient
				  for the board to determine that:
(1) it is
				  reasonable to expect that the state will recover its investment in the facility
				  based upon a determination that the revenue to be generated by the projected
				  number of customers served by the facility will be sufficient to purchase the
				  excess capacity owned by the state;
(2) the estimated cost of the facility as set
				  forth in the application exceeds the current financing capabilities of the area
				  to be served by the facility based on a determination that the existing rates
				  of the applicant available for payment of the facility collected from the
				  number of connections at the end of construction and other revenues available
				  for payment of the facility;
(3)
				  the optimum regional development cannot be reasonably financed by local
				  interests based on a determination that the estimated cost to construct the
				  alternate facility and the revenue to be generated by the projected number of
				  customers of the facility;
(4) the
				  public interest will be served by acquisition of the facility based on a
				  determination that the cost of the facility to the public are reduced by the
				  state's participation in the facility; and
(5) the facility to be constructed or
				  reconstructed contemplates the optimum regional or interregional development
				  which is reasonably required under all existing circumstances of the site based
				  on a determination that design capacity of the components of the facility are
				  sufficient to meet the foreseeable needs of the area over the useful life of
				  the facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1009 - Master Agreement

Current through Reg. 49, No. 28; July 12, 2024
The board and the political subdivision shall enter into
					 and execute a master agreement the text of which shall include, but not be
					 limited to, the responsibilities, duties, and liabilities of each party,
					 including the responsibility of a designated political subdivision to assure
					 that proper procedures are observed in advertising for bids and selecting a
					 bidder to construct the project; the board's cost of acquisition; procedures
					 for disbursement of board funds for the project; recognition of a political
					 subdivision's right of first refusal prior to any sale of the board's interest
					 in the project; a non-competitive clause; a schedule for purchase of the
					 board's interest in the project by the political subdivision; and any other
					 provisions deemed appropriate and necessary by the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1010 - Construction

Current through Reg. 49, No. 28; July 12, 2024
On projects to be constructed or enlarged by a political
					 subdivision or subdivisions, one political subdivision may be designated under
					 an agreement with the board to act as manager for the project and perform the
					 functions customarily performed by a manager-owner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1011 - Disbursement of State Funds

Current through Reg. 49, No. 28; July 12, 2024
State funds expended for the acquisition and/or development
					 of facilities in a project shall be disbursed in accordance with the provisions
					 of the master agreement and any other contracts by the board pursuant
					 thereto.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1012 - Requirements of Application

Current through Reg. 49, No. 28; July 12, 2024
A prospective purchaser of the board's ownership interest
					 in a facility or of the use of such board interest other than under terms
					 specified in the master agreement, shall submit an application in the form and
					 number prescribed by the executive administrator. The executive administrator
					 may request any additional information needed to evaluate the application and
					 may return any incomplete applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1013 - Notice to Participating Political Subdivision and Others

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of an application by a prospective purchaser
					 of the board's ownership interest in a facility or use of the facility, the
					 board will send notice of its receipt by regular United States mail to all
					 co-owners of the facility and any users of the facility or water from the
					 facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1014 - Consideration by Board

Current through Reg. 49, No. 28; July 12, 2024
The application shall be scheduled on the board's agenda,
					 and representatives of the prospective purchaser and other interested parties
					 shall be notified of the time of the meeting. 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. That date shall be the end of that month which is twelve months from
					 the month of board commitment.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1015 - Resolution Authorizing Transfer

Current through Reg. 49, No. 28; July 12, 2024
If the board approves the application, a transfer
					 resolution will be adopted which shall prescribe the terms and conditions
					 necessary for the sale, transfer, or lease, if such terms have not been
					 specified in the master agreement between the board and political
					 subdivision.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1016 - Negotiation of Contracts

Current through Reg. 49, No. 28; July 12, 2024
Before the board's adoption of the transfer resolution, the
					 executive administrator shall negotiate a transfer agreement with the
					 prospective purchaser regarding the sale, transfer, or lease of board-owned
					 interests. The transfer agreement shall include the interest transferred, the
					 character of the interest transferred, the formula used to compute the price to
					 be paid for the facilities to be acquired, provisions governing lease or rental
					 of facilities, a hold harmless clause, recognition of the right of first
					 refusal of any of the participating political subdivisions, a clause stating
					 the conditions under which the contract may be terminated, and other provisions
					 appropriate to the subject of the transfer agreement including provisions
					 setting standards for operation and maintenance of the project. The attorney
					 general of Texas shall approve as to legality any contract authorized under
					 this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter J - STATE PARTICIPATION PROGRAM › Section 363.1017 - Administrative Cost Recovery for State Participation Program

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The board will assess fees for
				  the purpose of recovering administrative costs from all political subdivisions
				  with which the board agrees to participate in a state participation project
				  under this subchapter in an amount of 0.77% of the amount of the total
				  participation in the project by the board.
(b) Payment Method. Payment of one-third of
				  the fee is due at closing. The balance of the fee may be paid in a limited
				  number of annual installments with the consent of the executive administrator.
				  The fee may not be included in the total amount of financial assistance
				  provided by the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter K - SMALL COMMUNITY HARDSHIP PROGRAM › Section 363.1101 - Scope and Purpose of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter shall govern the use of funds deposited in the Water Loan
				  Assistance Fund for the purpose of the Small Community Hardship Program from
				  payments made by the Texas Water Resources Finance Authority to the board, as
				  well as such other funds that may be made available for such program.
(b) The purpose of the use of the funds by
				  the board is to provide financial assistance to economically distressed areas
				  as provided in Water Code, Chapter 15 and as further specified in this
				  subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter K - SMALL COMMUNITY HARDSHIP PROGRAM › Section 363.1102 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this division,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise. Unless defined in this subchapter, words defined in the Texas Water
					 Code, Chapters 15, 16, or 17 shall have the meanings provided therein.
(1) Adjusted median household income--The
				  annual median household income identified in the most recent U.S. Census from
				  the closest applicable census tract multiplied by the current Texas Consumer
				  Price Index divided by the most recent decennial Texas Consumer Price
				  Index.
(2) Applicant--A political
				  subdivision that requests financial assistance from the board.
(3) Average yearly sewer bill--The number
				  that is derived by multiplying the average number of persons per occupied
				  household in the service area of the applicant by 1,279 gallons multiplied by
				  the monthly sewer rate of the applicant multiplied by 12. The proposed monthly
				  sewer rate shall include the cost of the proposed project. If taxes, surcharges
				  or other fees are used to subsidize the sewer system, the average annual amount
				  per household may be included in calculating the average yearly sewer
				  bill.
(4) Average yearly water
				  bill--The number that is derived by multiplying the average number of persons
				  per occupied household in the service area of the applicant by 2,325 gallons
				  multiplied by the proposed monthly water rate multiplied by 12. The proposed
				  monthly water rate shall include the cost of the proposed project. If taxes,
				  surcharges or other fees are used to subsidize the water system, the average
				  annual amount per household may be included in calculating the average yearly
				  water bill.
(5) Combined household
				  cost factor--The number that is derived by adding the average yearly water bill
				  with the average yearly sewer bill and dividing by the adjusted median
				  household income.
(6) Disadvantaged
				  area--An area that:
(A) has a permanent
				  residential population of 5,000 or less; and
(B) has an adjusted median household income
				  which is no more than 75% of the median state household income for the most
				  recent year for which statistics are available; and
(i) if the service area is not charged for
				  sewer services, has a household cost factor for water rates that is greater
				  than or equal to 1.0%; or
(ii) if
				  the service area is charged for water and sewer services, has a combined
				  household cost factor for water and sewer rates that is greater than or equal
				  to 2.0%.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter K - SMALL COMMUNITY HARDSHIP PROGRAM › Section 363.1103 - Financial Assistance Available

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  board may provide financial assistance from the Water Loan Assistance Fund to a
				  political subdivision for a water supply or sewer service project that provides
				  adequate water or sewer service to an economically distressed area.
(b) The board may provide financial
				  assistance by grants for up to 90% of the amount of the financial assistance
				  requested in the application to:
(1) plan,
				  design, or construct a new water or sewer service system in an economically
				  distressed area, including land costs or replacement of septic
				  systems;
(2) plan, design, or
				  construct improvements to an existing water or sewer service system in an
				  economically distressed area, including land costs or replacement of septic
				  systems;
(3) purchase or
				  consolidate water or sewer service systems that results in providing adequate
				  water or sewer service to an economically distressed area;
(4) reduce the interest rates on loans to
				  finance a project identified in paragraphs (1), (2), or (3) of this subsection,
				  provided however that the loan is not from the board or other state agency;
				  or
(5) reduce or eliminate
				  outstanding indebtedness of the project area if the effect assists in obtaining
				  financial assistance for a project identified in paragraphs (1), (2), or (3) of
				  this subsection, provided however that the indebtedness is not from the board
				  or other state agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter K - SMALL COMMUNITY HARDSHIP PROGRAM › Section 363.1104 - Application

Current through Reg. 49, No. 28; July 12, 2024
An application shall be in the form and numbers prescribed
					 by the executive administrator and, in addition to any other information that
					 may be required by the executive administrator or the board, the applicant
					 shall provide:
(1) a resolution from
				  its governing body which shall:
(A) request
				  financial assistance and identify the amount of requested assistance;
(B) designate the authorized representative
				  to act on behalf of the governing body; and
(C) authorize the representative to execute
				  the application, appear before the board on behalf of the applicant, and submit
				  such other documentation as may be required by the executive administrator or
				  the board;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter K - SMALL COMMUNITY HARDSHIP PROGRAM › Section 363.1105 - Board Consideration of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to approval of the application
				  submitted of an applicant, the board shall consider:
(1) the needs of the area to be served by the
				  project and the benefit of the project to the area in relation to the needs of
				  other areas requiring state assistance in any manner and the benefits of those
				  projects to the other areas;
(2)
				  the availability of revenue to the applicant from all sources for the ultimate
				  repayment of the cost of the project, including all interest;
(3) the relationship of the project to
				  overall statewide needs;
(4) the
				  ability of the applicant to finance the project without state assistance;
				  and
(5) the regulatory efforts by
				  the county in which the project is located to control the construction of
				  subdivisions that lack basic utility services.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter K - SMALL COMMUNITY HARDSHIP PROGRAM › Section 363.1106 - Grant Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) To the extent
				  funds are available, the amount of financial assistance provided by the board
				  under this subchapter will be determined as follows:
(1) if the adjusted median household income
				  for the project area is less than or equal to 75% but greater than 60% of the
				  median state household income, the financial assistance provided by the board
				  will be a grant for 50% of the amount of the financial assistance requested in
				  the application;
(2) if the
				  adjusted median household income for the project area is less than or equal to
				  60% but greater than 50% of the median state household income, the financial
				  assistance provided by the board will be a grant for 75% of the amount of the
				  financial assistance requested in the application; and
(3) if the adjusted median household income
				  for the service area is less than or equal to 50% of the median state household
				  income, the financial assistance provided by the board will be a grant for 90%
				  of the amount of the financial assistance requested in the
				  application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter K - SMALL COMMUNITY HARDSHIP PROGRAM › Section 363.1107 - Release of Funds and Construction Activity

Current through Reg. 49, No. 28; July 12, 2024
To the extent not in conflict with the provisions of this
					 subchapter, the provisions of Subchapter A of this chapter (relating to General
					 Provisions) that govern the release of funds (Division 4), construction phase
					 (Division 5), and Post-Construction Responsibilities (Division 6) shall apply
					 to financial assistance provided in this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter L - WATER INFRASTRUCTURE FUND › Section 363.1201 - Scope of Subchapter L

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern applications for financial
					 assistance from the Water Infrastructure Fund, established by the Texas Water
					 Code, Chapter 15, Subchapter Q. The program described in this subchapter shall
					 be known as the Water Infrastructure Fund. Unless in conflict with the
					 provisions of this subchapter, the provisions of Subchapter A of this chapter
					 (relating to General Provisions) shall apply to applications for assistance
					 from the Water Infrastructure Fund.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter L - WATER INFRASTRUCTURE FUND › Section 363.1202 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
Words and terms used in this subchapter shall have the
					 following meanings, unless the context clearly indicates otherwise. Words
					 defined in Texas Water Code, Chapter 15 and not defined here shall have the
					 meanings provided by the appropriate Texas Water Code chapter.
(1) "Eligible political subdivision"--a city,
				  county, district, or authority created under §52, Article III, or
				  §59, Article XVI, Texas Constitution, including a groundwater district
				  with a groundwater management plan certified by the board under Texas Water
				  Code §
										36.1072,
				  any other political subdivision of the state, any interstate compact commission
				  to which the state is a party, and any nonprofit water supply corporation
				  created and operating under Chapter 67 of the Texas Water Code.
(2) Fund--The Water Infrastructure
				  Fund.
(3) Project--Any undertaking
				  or work, including planning and design activities and work to obtain regulatory
				  authority, to conserve, mitigate, convey, and develop water resources of the
				  state, including any undertaking or work done outside the state that the board
				  determines will result in water being available for use in or for the benefit
				  of the state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter L - WATER INFRASTRUCTURE FUND › Section 363.1203 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  use the fund for financial assistance as follows:
(1) to make loans to political subdivisions
				  at or below market interest rates for projects; and
(2) to make loans to political subdivisions
				  at or below market interest rates for planning and design costs, permitting
				  costs, and other costs associated with state or federal regulatory activities
				  with respect to a project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter L - WATER INFRASTRUCTURE FUND › Section 363.1205 - Interest Rates for Loans

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  loans from the Water Infrastructure Fund, the following procedures will be used
				  to set fixed interest rates.
(1) The
				  executive administrator will set fixed interest rates under this section for
				  loans on a date that is five business days prior to the political subdivision's
				  adoption of the ordinance or resolution authorizing its bonds and not more than
				  45 days before the anticipated closing of the loan from the board. After 45
				  days from the establishment of the interest rate of a loan, rates will be
				  reconsidered, and may be extended only with the approval of the executive
				  administrator.
(2) For loans from
				  the fund, the executive administrator will set the interest rates in accordance
				  with the following:
(A) to the extent that
				  the source of funding is provided from bond proceeds, the lending rate scale(s)
				  will be determined as provided under §
												363.33(b)
				  of this title (relating to Interest Rates for Loans and Purchase of Board's
				  Interest in State Participation Projects);
(B) Although the program is designed to
				  provide borrowers with a reduction from the market rate based on a level debt
				  service schedule, in no event shall the loan interest rate as determined under
				  this section be less than zero;
(C)
				  The loan interest rate will be determined based on a debt service schedule that
				  provides interest only will be paid in the first year of the debt service
				  schedule and in which the annual debt service payments are level, as determined
				  by the executive administrator. The executive administrator will identify the
				  appropriate scale for the borrower and identify the market rate for the
				  maturity due in each year. The executive administrator will reduce that market
				  rate by a subsidy to be determined by the board and thereby identify a proposed
				  loan interest rate for each maturity. The proposed loan interest rate will be
				  applied to the proposed principal repayment schedule.
(D) For loans made under §
												363.1203(a)(2)
				  of this title (relating to Use of Fund), which receive deferred principal and
				  interest payments, the executive administrator will identify the appropriate
				  scale for the borrower and identify the market rate for the maturity due in
				  each year. The executive administrator will reduce that market rate by a
				  subsidy to be determined by the board and thereby identify a proposed loan
				  interest rate for each maturity. The proposed loan interest rate will be
				  applied to the proposed principal repayment schedule.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter L - WATER INFRASTRUCTURE FUND › Section 363.1207 - Prioritization System

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  administrator will prioritize all applications not previously considered by the
				  board twice annually. An application must be submitted by February 1 to be
				  prioritized in March. An application must be submitted by August 1 to be
				  prioritized in September. The executive administrator will provide the
				  prioritization to the board for approval in March and September of each year or
				  as soon thereafter as practicable. The executive administrator may set
				  additional application deadlines, prioritize applications, and present the
				  prioritization and those applications to the board for a commitment if the
				  executive administrator deems it necessary in order to utilize available funds
				  in any fiscal year. To be considered for prioritization, an applicant must
				  provide adequate information to establish that the applicant qualifies for
				  Water Infrastructure Fund funding, to describe the project comprehensively, and
				  to establish the cost of the project, as well as any other information
				  requested by the executive administrator. The executive administrator will
				  develop and provide to applicants detailed information on the abridged
				  application necessary for prioritization. If an applicant submits an abridged
				  application for prioritization purposes, the applicant must submit a complete
				  application to the board within 30 days after the board meeting at which the
				  applicant's project received priority for funding, or the project will lose its
				  priority ranking and the board may commit to other projects consistent with the
				  prioritization.
(b) Prior to each
				  board meeting at which applications may be considered for prioritization, the
				  executive administrator shall:
(1) for each
				  application that the executive administrator has determined has adequate
				  information for prioritization purposes, prioritize the applications by the
				  criteria identified in §
											363.1208
				  of this title (relating to Prioritization Criteria).
(2) provide to the board a prioritized list
				  of all applications as recommended by the executive administrator, the amount
				  of funds requested and the priority of each application received and
(3) identify the total amount of funds
				  available in the Water Infrastructure Fund for new applications.