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 A - GENERAL PROVISIONS › Division 5 - CONSTRUCTION PHASE › Section 363.57 - Contractor Bankruptcy

Current through Reg. 49, No. 28; July 12, 2024
In the event of a contractor bankruptcy, any agreements
						entered into with the bonding company (other than the bonding company serving
						as general contractor or fully bonding another contractor acting as their
						agent) must be submitted for approval of the executive administrator. The
						political subdivision shall be responsible for assuring that every appropriate
						procedure and legal requirement is observed in advertising for bids and
						re-awarding a construction contract.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 6 - POST-CONSTRUCTION RESPONSIBILITIES › Section 363.71 - General Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 After the satisfactory completion of the project, the political subdivision
					 shall be held responsible by the board for the continued compliance with all
					 representations and assurances made to the board. To protect the state's
					 monetary investment and the public interest, the executive administrator is
					 authorized to conduct site visits of the project and review operational and
					 financial records. Certified copies of all documents relating to the operation
					 of the project and compliance with agreements relating to board financial
					 assistance shall be provided as requested.
(b) Should any information obtained by the
					 executive administrator indicate noncompliance with any agreements, the
					 executive administrator shall require the political subdivision to take timely
					 corrective action. Failure to correct problems may be cause for referral to the
					 attorney general.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 7 - GRANTS FOR EMERGENCY › Section 363.81 - 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. Words defined in the Texas Water Code, Chapters 15, 16, or
						17, and not defined here shall have the meanings provided by the appropriate
						Texas Water Code chapter.
(1)
					 Economically distressed area--An area in which water supply or sewer services
					 are or are expected to be inadequate to meet the minimal needs of residential
					 users and in which financial resources are inadequate to provide water supply
					 or sewer services that will satisfy those needs.
(2) Emergency--A condition in which a public
					 water or wastewater system has already failed or which poses an imminent threat
					 of failure, causing the health or safety of residential users to be in danger.
					 The emergency shall be the result of natural or man-made catastrophes, riots,
					 or hostile military or paramilitary action, including such conditions
					 recognized by a declaration of disaster by the governor of the state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 7 - GRANTS FOR EMERGENCY › Section 363.82 - Grants for Emergency

Current through Reg. 49, No. 28; July 12, 2024
Grants for emergencies may be provided by the board from
						the Water Loan Assistance Fund pursuant to Texas Water Code, Chapter 15,
						Subchapter C to political subdivisions for projects that address the
						interruption of water or wastewater service due to an emergency and which serve
						an economically distressed area.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 7 - GRANTS FOR EMERGENCY › Section 363.83 - Terms of Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
The board shall determine the amount and form of grants
						for emergencies. The amount of grants shall be limited to the amount necessary
						to restore service or ensure the uninterrupted delivery of
						service.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 7 - GRANTS FOR EMERGENCY › Section 363.84 - Application

Current through Reg. 49, No. 28; July 12, 2024
An applicant shall submit an application in the form and
						numbers prescribed by the executive administrator. The executive administrator
						may request 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 A - GENERAL PROVISIONS › Division 7 - GRANTS FOR EMERGENCY › Section 363.85 - Additional Application Information

Current through Reg. 49, No. 28; July 12, 2024
In addition to the information required pursuant to
						§
											363.84 of
						this title, the engineering information of §
											363.711(b)(2)
						of this title (relating to Applications), and the preliminary environmental
						information of §
											363.711(b)(3)
						of this title shall apply to applications for grant assistance under this
						division.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 7 - GRANTS FOR EMERGENCY › Section 363.86 - Grant Agreement

Current through Reg. 49, No. 28; July 12, 2024
The applicant will execute a grant agreement that sets
						out the terms and requirements pursuant to which a grant for the emergency will
						be awarded. These conditions and requirements will include the term of the
						grant commitment, closing conditions, conditions for environmental approvals,
						standards for engineering design approvals, and any other provisions required
						by the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 7 - GRANTS FOR EMERGENCY › Section 363.87 - Environmental Review before Board Approval

Current through Reg. 49, No. 28; July 12, 2024
Board staff will use preliminary environmental data
						provided by the applicant, as specified in §
											363.711(b)(3)
						of this title (relating to Applications), and make a written report to the
						executive administrator on known or potentially significant social or
						environmental concerns. The executive administrator may recommend approval of
						the project to the board if, based on preliminary information, there appear to
						be no significant environmental, permitting, or social issues associated with
						the project. The grant agreement will provide the terms and conditions for
						completion of the environmental review process which will be consistent with
						§
											363.16
						of this title (relating to Predesign Funding Option) and with identified
						mitigation measures with the intent to ensure environmentally responsible and
						legally compliant project design and implementation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 1 - INTRODUCTORY PROVISIONS › Section 363.301 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
The sections of this subchapter shall pertain to
						applications for financing municipal solid waste facility projects authorized
						by the Texas Water Code, Chapter 17, Subchapter F. Unless in conflict with the
						provisions of this subchapter, the provisions of Subchapter A of this chapter
						(relating to General Provisions) shall also apply to municipal solid waste
						facility projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 1 - INTRODUCTORY PROVISIONS › Section 363.302 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, shall have the following meanings, unless the context clearly
						indicates otherwise. Words defined in the Texas Water Code, Chapters 15, 16, or
						17, and not defined here shall have the meanings provided by the appropriate
						Texas Water Code chapter.
(1)
					 Hazardous waste--Any solid waste identified or listed as a hazardous waste by
					 the administrator of the United States Environmental Protection Agency (EPA)
					 pursuant to the federal Solid Waste Disposal Act, as amended by the Resource
					 Conservation and Recovery Act,
					 42 United States Code
					 6901 et seq., as amended.
(2) Industrial solid waste--Solid waste
					 resulting from or incidental to any process of industry or manufacturing, or
					 mining or agricultural operations.
(3) Municipal solid waste--Solid waste
					 resulting from or incidental to municipal, community, commercial,
					 institutional, and recreational activities, including garbage, rubbish, ashes,
					 street cleanings, dead animals, abandoned automobiles, and all other solid
					 waste other than industrial solid waste.
(4) Municipal solid waste facility--All
					 structures, appurtenances, equipment, and improvements, including land and
					 sanitary landfills, necessary for management of municipal solid waste or any
					 other solid waste, excluding hazardous waste and Class I nonhazardous
					 industrial solid waste (other than wastes which are Class I solely because of
					 asbestos content), for which state law authorizes management in municipal solid
					 waste facilities regulated by the department.
(5) Permit--The formal written approval
					 issued to the applicant by the department or county for a municipal solid waste
					 facility.
(6) Permit application,
					 Part B--The technical information required for landfill sites serving less than
					 5,000 persons as described by 25 TAC § 325.73, concerning technical
					 information required for landfill sites serving less than 5,000 persons--permit
					 application, Part B.
(7) Site
					 assessment--The review and analysis of a site upon which a municipal solid
					 waste facility is proposed to determine whether the site has previously been
					 used for the disposal of hazardous substances or solid wastes.
(8) Site development plan--A document
					 prepared by the design engineer, which provides a detailed design with
					 supporting calculations and data for the development and operation of a
					 municipal solid waste facility as described in 25 TAC § 325.74, concerning
					 technical information required for landfill sites serving 5,000 persons or
					 more--site development plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 1 - INTRODUCTORY PROVISIONS › Section 363.303 - Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the board to finance municipal solid
						waste projects, including the cost of land, and structures, other
						appurtenances, equipment, and improvements on the land.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 2 - APPLICATION PROCEDURES › Section 363.311 - General, Legal, and Fiscal Information

Current through Reg. 49, No. 28; July 12, 2024
For municipal solid waste facility projects, the
						following additional information shall be submitted:
(1) a schedule of garbage collection and
					 facility tipping charges for each of the last five years, if the facility is
					 existing; and a schedule of proposed garbage collection and tipping fees;
					 and
(2) a copy of any actual or
					 proposed contract under which municipal solid waste collection and disposal
					 services are provided. Before a loan is closed, a certified copy of such
					 contract shall be required.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 2 - APPLICATION PROCEDURES › Section 363.312 - Required Environmental Data

Current through Reg. 49, No. 28; July 12, 2024
For municipal solid waste projects the executive
						administrator will review all environmental information contained in the
						engineering feasibility data report and the comments and documentation of
						coordination with appropriate state and federal agencies. The executive
						administrator may request that additional information be supplied in order to
						make a recommendation to the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 2 - APPLICATION PROCEDURES › Section 363.313 - Engineering Feasibility Report

Current through Reg. 49, No. 28; July 12, 2024
For municipal solid waste facility projects, the
						applicant shall submit four copies of a report containing the site development
						plan or permit application, Part B, and the general or other technical
						information required and accepted by the department as part of an
						administratively complete application or registration. The site development
						plan or permit application, Part B shall not be dated earlier than six months
						prior to filing with the executive administrator. In addition to the technical
						data contained therein, the reports shall include the following
						information:
(1) legal name of
					 applicant;
(2) name and address of
					 project engineer;
(3) a detailed
					 cost estimate for all work to be performed, including all land, equipment, all
					 fees for professional services, and projected operation and maintenance
					 costs;
(4) the comments of and
					 documentation of coordination with the appropriate state and federal
					 agencies;
(5) any compliance
					 summaries prepared by the department;
(6) a statement describing the types and
					 estimated volume of any industrial solid wastes managed or proposed for
					 management at the facility, and in addition, for an applicant requesting
					 financial assistance for an existing facility, a statement describing the
					 nature and estimated volume of historical industrial solid waste management at
					 the facility;
(7) for an applicant
					 requesting financial assistance for a new facility, the results of a site
					 assessment prepared by a qualified, independent third party professional(s)
					 acceptable to the board, determining whether the proposed site selected for the
					 facility has previously been used for the disposal of hazardous substances or
					 solid wastes;
(8) for an applicant
					 requesting financial assistance for an existing facility, the results of a site
					 assessment, prepared by a qualified, independent third party professional(s)
					 acceptable to the board, determining whether the facility is releasing, or
					 threatening to release, hazardous substances, solid waste, or constituents
					 thereof to air, soils, ground, or surface waters in violation of state or
					 federal environmental laws; and
(9)
					 any additional information or data which the 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 C - MUNICIPAL SOLID WASTE › Division 2 - APPLICATION PROCEDURES › Section 363.314 - Independent Consultants

Current through Reg. 49, No. 28; July 12, 2024
The board may require that the applicant retain a
						qualified, independent third party professional(s) acceptable to the board to
						assist in its evaluation of the application, plans and specification or other
						appropriate engineering design documents, and of the environmental risks
						associated with the project and in conduct of inspections of construction and
						materials. The fees for such services to the applicant may be included in the
						cost estimate for the project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 3 - CLOSING AND RELEASE OF FUNDS › Section 363.321 - Prerequisites to Closing

Current through Reg. 49, No. 28; July 12, 2024
Political subdivisions shall meet the following
						requirements before closing.
(1) The
					 political subdivision shall submit three copies of plans and specifications, or
					 other appropriate engineering design documents each of which conform to the
					 representations made in the loan application. The plans and specifications must
					 be as detailed as would be required for submission to contractors bidding on
					 the work. In addition, the political subdivision shall submit a draft copy of
					 the construction contract bid documents for each construction contract to be
					 let.
(2) If the political
					 subdivision chooses to construct the project using its own employees and
					 material (use force account) the application must certify that:
(A) the political subdivision personnel who
					 will perform the work possess the necessary competence required to perform the
					 work and can schedule and accomplish the force account work in a timely
					 manner;
(B) the political
					 subdivision will maintain insurance that is adequate and customary for
					 construction or project work, including, but not limited to, fire and casualty,
					 workers' compensation, liability, and "all risk insurance" as required by local
					 or state law; and
(C) the political
					 subdivision either has or will establish a proper recordkeeping system to
					 assure that all materials, supplies, and equipment, and labor costs charged to
					 the project are actually used in connection with the project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION PHASE › Section 363.331 - Alterations in Approved Plans and Specifications

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of §
											363.52
						of this title (relating to Alterations during Construction) the following
						provisions apply to municipal solid waste facilities. In the event alterations
						to approved plans and specifications or other engineering documents require a
						revision to the permit, permit application, Part B, or site development plan,
						the political subdivision must submit a copy of department approval along with
						justification of the change order. The executive administrator may require the
						political subdivision to obtain written approval by the department of any
						alteration not previously approved by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION PHASE › Section 363.332 - Preopening Inspections

Current through Reg. 49, No. 28; July 12, 2024
The political subdivision shall notify the executive
						administrator of the date for conducting the preopening inspection as required
						by 25 TAC §325.112(b), concerning meetings and inspections prior to
						constructing and opening new facilities, to enable representatives of the board
						to be present. Prior to accepting any municipal solid waste, the political
						subdivision shall forward to the executive administrator a copy of the
						department's written confirmation that construction is in compliance with the
						approved site development plan or permit application, Part B, and the
						permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter C - MUNICIPAL SOLID WASTE › Division 4 - CONSTRUCTION AND POST-CONSTRUCTION PHASE › Section 363.333 - Municipal Solid Waste Facility Project Reporting

Current through Reg. 49, No. 28; July 12, 2024
Political subdivisions receiving financial assistance for
						municipal solid waste facility projects shall provide copies of, and notify the
						board within 10 days following the receipt of, any notices of violation
						received from environmental regulatory agencies; notices of any claims or suits
						filed by regulatory agencies or third parties relating to environmental matters
						or conditions at the facility; and any notices received from insurance carriers
						relating to environmental conditions at the facility. In addition, the
						political subdivision shall provide the board with copies of any reports filed
						with insurance carriers relating to environmental conditions at the facility
						and shall notify the board of any material changes to facility design,
						construction, or operation, including, but not limited to, notification of any
						requests for permit amendment. The political subdivision shall also provide
						immediate notification to the board of any discharge or release of hazardous
						substances, solid wastes, or constituents thereof from the
						facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.401 - Scope of Subchapter D

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern the board's programs of flood
					 financial assistance under the programs established by the Texas Water Code,
					 Chapter 15, Subchapter I and Texas Water Code, Chapter 16, Subchapter L. Unless
					 in conflict with the provisions in this subchapter, the provisions of
					 Subchapter A of this chapter (relating to General Provisions) shall apply to
					 projects under this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.402 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Drainage--includes, but is not limited to, the construction or rehabilitation
				  of bridges, catch basins, channels, conduits, creeks, culverts, detention
				  ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and
				  appurtenances to those items, whether natural or artificial, or using force or
				  gravity, that are used to draw off surface water from land, carry the water
				  away, collect, store, or treat the water, or divert the water into natural or
				  artificial watercourses.
(2)
				  Eligible political subdivision--a district or authority created under Section
				  52, Article III, or Section 59, Article XVI, Texas Constitution, a district or
				  river authority that is subject to Chapter 49 of the Texas Water Code and
				  participates in cooperative flood control planning, a municipality, or a
				  county.
(3) Flood control--the
				  construction or rehabilitation of structural mitigation or anything that
				  retains, diverts, redirects, impedes, or otherwise modifies the flow of
				  water.
(4) Flood mitigation--the
				  implementation of actions, including both structural and nonstructural
				  solutions, to reduce flood risk to protect against the loss of life and
				  property.
(5) Flood Intended Use
				  Plan--a document adopted by the board that identifies the uses of the funds for
				  flood projects.
(6) Flood
				  project--a drainage, flood mitigation, or flood control project, including:
(A) planning and design activities;
(B) work to obtain regulatory approval to
				  provide nonstructural and structural flood mitigation and drainage;
(C) construction of structural flood
				  mitigation and drainage projects, including projects that use nature-based
				  features to protect, mitigate, or reduce flood risk;
(D) construction and implementation of
				  nonstructural projects, including projects that use nature-based features to
				  protect, mitigate, or reduce flood risk;
(E) nonstructural or natural flood control
				  strategies; and
(F) a federally
				  authorized project to deepen a ship channel affected by a flooding
				  event.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.403 - Flood Intended Use Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Periodically, the board will adopt a Flood Intended Use Plan to determine the
				  use of funds for applicable application periods. The Flood Intended Use Plan
				  will include:
(1) eligibility
				  criteria;
(2) structure of
				  financial assistance, including any subsidies; and
(3) criteria to be used by the executive
				  administrator in prioritization of applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.404 - Prioritization System

Current through Reg. 49, No. 28; July 12, 2024
(a) The board will
				  establish deadlines for application submittals. The executive administrator
				  will provide the prioritization of those abridged applications to the board for
				  approval as soon thereafter as practicable. The executive administrator will
				  develop and provide an abridged application to gather information necessary for
				  prioritization. To be considered for prioritization, an applicant must provide
				  in the abridged application adequate information to establish that the
				  applicant qualifies for 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. If an applicant submits an abridged
				  application for prioritization purposes, the applicant must submit a complete
				  application to the board by the deadline established by the executive
				  administrator, or the project will lose its priority ranking and the board may
				  commit to other projects consistent with the prioritization.
(b) For each abridged application that the
				  executive administrator has determined has adequate information and is
				  administratively complete for prioritization purposes and prior to each board
				  meeting at which abridged applications may be considered for prioritization,
				  the executive administrator shall:
(1)
				  prioritize the applications by the criteria identified in the Flood Intended
				  Use Plan; and
(2) provide to the
				  board a prioritized list of all abridged applications as recommended by the
				  executive administrator, the amount of funds requested, and the priority of
				  each application received.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.405 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  use the funds for financial assistance to eligible political subdivisions as
				  follows:
(1) to make a loan to an eligible
				  political subdivision at or below market interest rates for a flood
				  project;
(2) to make a grant or
				  loan at or below market interest rates to an eligible political subdivision for
				  a flood project to serve an area outside of a metropolitan statistical area in
				  order to ensure that the flood project is implemented;
(3) to make a loan 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 flood
				  project;
(4) to make a grant to an
				  eligible political subdivision to provide matching funds to enable the eligible
				  political subdivision to participate in a federal program for a flood
				  project;
(5) to make a grant to an
				  eligible political subdivision for a flood project if the board determines that
				  the eligible political subdivision does not have the ability to repay a
				  loan;
(6) to meet matching
				  requirements for projects funded partially by federal money; and
(7) to make a loan to an eligible political
				  subdivision below market interest rates and under flexible repayment terms,
				  including a line of credit or loan obligation with early repayment terms, to
				  provide financing for the local share of a federally authorized ship channel
				  improvement project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.406 - Terms of Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Principal and interest payments on loans 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 flood project may be
				  deferred for not more than 10 years or until construction of the flood project
				  is completed, whichever is earlier.
(b) The board shall determine the amount and
				  form of financial assistance and the amount and form of repayment.
(c) The board shall determine the method of
				  evidence of debt.
(d) If the board
				  determines non-performance on the terms of the grant, the board may require
				  reimbursement of all or part of the funds provided by grant assistance or
				  impose sanctions such as prohibition of further board financial
				  assistance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.407 - Findings Required

Current through Reg. 49, No. 28; July 12, 2024
On review and recommendation by the executive
					 administrator, the board may approve an application only if the board
					 finds:
(1) the application and the
				  assistance applied for meet requirements of this subchapter and board
				  rules;
(2) the application
				  demonstrates a sufficient level of cooperation among eligible political
				  subdivisions and includes all of the eligible political subdivisions
				  substantially affected by the flood project, as described in Section
				  363.408(b)(1) and (2), as applicable;
(3) the taxes or other revenue, or both the
				  taxes and other revenue, pledged by the applicant will be sufficient to meet
				  all the obligations assumed by the eligible political subdivision;
				  and
(4) other findings as required
				  in the Flood Intended Use Plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.409 - Investment and Administration of Funds

Current through Reg. 49, No. 28; July 12, 2024
The investment and administration of funds shall be managed
					 in accordance with the Board's investment policy, in accordance with State of
					 Texas Comptroller guidelines, and the Public Funds Investment Act, Texas
					 Government Code, Chapter 2257.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.501 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
The sections in this subchapter shall govern the board's
						Economically Distressed Areas Program as established by the Texas Water Code,
						Chapter 16, Subchapter J and Chapter 17, Subchapter K (as provided in Division
						1) and Colonia Self-Help Program established by Chapter 15, Subchapter P (as
						provided in Division 2). Unless in conflict with the provisions in this
						subchapter, the provisions of Subchapter A of this chapter (relating to General
						Provisions) shall also apply to economically distressed areas
						projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.502 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, shall have the following meanings, unless the context clearly
						indicates otherwise.
(1) Economically
					 distressed area--An area in which:
(A) water
					 supply or sewer services are inadequate to meet minimal needs of residential
					 users as defined by board rules;
(B) financial resources are inadequate to
					 provide water supply or sewer services that will satisfy those needs;
					 and
(C) an established residential
					 subdivision was located on June 1, 2005, as determined by the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.503 - Determination of Economically Distressed Area

Current through Reg. 49, No. 28; July 12, 2024
To determine that an area is economically distressed, the
						board shall consider information and data presented with the application or
						otherwise available to the board to determine that the water or sewer services
						are inadequate to meet the minimal needs of residential users; that the
						financial resources of the residential users of the services are inadequate to
						provide water or sewer services that will satisfy those minimal needs; and that
						an established residential subdivision was located in the economically
						distressed area on June 1, 2005.
(1)
					 Water service is inadequate to meet the minimal needs of the residential users
					 in an economically distressed area if the board determines that water service:
(A) does not exist or is not
					 provided;
(B) is provided by a
					 community water system that does not meet drinking water standards established
					 by the commission;
(C) is provided
					 by individual wells that, after treatment, do not meet drinking water standards
					 established by the commission; or
(D) does not meet applicable drinking water
					 standards of any other governmental unit with jurisdiction over such
					 area.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.504 - Intended Use Plan and Project Priority List

Current through Reg. 49, No. 28; July 12, 2024
(a) Periodically, the board will adopt an
					 Intended Use Plan to determine the use of funds for the specified application
					 period. The Intended Use Plan may include:
(1) structure and method of determining the
					 financial assistance provided, including any subsidies;
(2) criteria to be used by the executive
					 administrator in prioritization of abridged applications; and
(3) other requirements related to program
					 administration.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.506 - Review of Full Application and Assistance Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) The funds available for projects eligible
					 for financial assistance from the Economically Distressed Areas Program Account
					 under this subchapter shall be determined by the board.
(b) The board may provide financial
					 assistance from the Economically Distressed Areas Program Account in the amount
					 and manner provided in §
											363.508
					 of this title (relating to Calculation of Financial Assistance) for costs
					 necessary to provide water or sewer services for the activities as defined in
					 Texas Water Code §
											17.001(8),
					 including:
(1) preliminary planning, including
					 contingencies as determined by the board, to determine the feasibility of a
					 water supply project or wastewater treatment works;
(2) engineering, architectural, legal, title,
					 fiscal, or economic investigations or studies, surveys, designs, plans, working
					 drawings, specifications, procedures, or other necessary actions;
(3) the expense of any acquisition,
					 condemnation or other legal proceedings associated with real property
					 acquisitions;
(4) construction
					 including erecting, building, acquiring, altering, remodeling, improving,
					 acquiring or extending a water supply project or water services, treatment
					 works or sewer services or facilities;
(5) asset management planning; and
(6) the inspection or supervision of any of
					 the items listed herein.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.508 - Calculation of Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
The amount and form of financial assistance, including
						the amount and form of repayment, if any, will be calculated as specified in
						the Intended Use Plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.510 - Terms of Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The board shall determine the amount and form of financial assistance and the
					 amount and form of repayment, if applicable. The board shall establish
					 repayment based on the political subdivision's ability to repay the financial
					 assistance and shall consider:
(1) rates,
					 fees, and charges that the average customer to be served by the project will be
					 able to pay;
(2) sources of funding
					 available to the political subdivision from federal and private funds and from
					 other state funds;
(3) any local
					 funds available from the political subdivision if the economically distressed
					 area to be served by the board's financial assistance is within the boundary of
					 the political subdivision;
(4) the
					 just, fair, and reasonable charges for water and wastewater service as provided
					 in the Texas Water Code;
(5) the
					 ability of the board to maximize the portion of financial assistance for which
					 repayment is required based on the political subdivision's ability to repay the
					 assistance, as provided by board rule; and
(6) the limit on the total amount of
					 financial assistance that does not require repayment pursuant to Texas Water
					 Code §
												17.933.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.511 - Required Sewer Connections

Current through Reg. 49, No. 28; July 12, 2024
Any applicant receiving financial assistance from the
						board for the construction of wastewater system improvements shall exercise the
						authority granted to such applicant pursuant to the Texas Water Code, §
											17.934, and
						require property owners that can be served by such wastewater system
						improvements to connect to the applicant's sewer system.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.512 - Financial, Managerial, and Technical Training Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may determine or request that
					 the commission make a determination that an operating entity complete training
					 to obtain the necessary financial, managerial, or technical capacity to ensure
					 the project will provide adequate water or wastewater service or to maintain
					 the financial viability of the provider utility in any of the following
					 circumstances:
(1) upon receipt of an
					 application from the provider utility for financial assistance under this
					 subchapter;
(2) upon receipt of a
					 request for amendment to the financial assistance commitment previously
					 provided to the provider utility;
(3) upon a determination of the board that
					 the provider utility which has received a commitment of financial assistance
					 under this subchapter has failed to provide the board documentation required
					 under state law, board rule, bond covenant or the grant agreement for the
					 financial assistance provided by the board; or
(4) upon receipt of notification that the
					 commission has determined that the provider utility has a history of compliance
					 problems or that the commission has assessed a penalty in an enforcement action
					 against the provider utility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.513 - Residential Water and Sewer Connections

Current through Reg. 49, No. 28; July 12, 2024
(a) EDAP funds may be used to provide
					 financial assistance to political subdivisions for plumbing connections to
					 residences pursuant to Texas Water Code §
											17.9225,
					 relating to residential water and sewer connection assistance.
(b) Definitions. The following words and
					 terms shall have the following meanings when used in this section.
(1) Connection--joining the indoor water and
					 wastewater plumbing of a residence to an existing public water supply or
					 sanitary sewer system.
(2) Public
					 System--a public water supply or sanitary sewer system.
(3) Public Water Supply System--a system that
					 supplies safe drinking water as defined in Chapter 341, Health and Safety
					 Code.
(4) Sanitary Sewer System--a
					 system used to transport waste as defined by Chapter 26, Water Code.
(5) Yard Water Service--the residence supply
					 piping that carries potable water from the water meter or other source of water
					 supply to the point of connection to the residence.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.514 - Reporting and Transparency Requirements

Current through Reg. 49, No. 28; July 12, 2024
Annually, the board shall make publicly available a
						report on the agency website detailing each project for which the board has
						provided financial assistance under Texas Water Code, Chapter 17, Subchapter K.
						The report must meet the requirements listed in Texas Water Code §
											17.937.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 2 - COLONIA SELF-HELP PROGRAM › Section 363.521 - 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. Other words and terms defined in Water Code, Chapter 15,
						Subchapter P, and not defined here shall have the meanings provided in the said
						Subchapter P.
(1) Applicant--A
					 political subdivision or an eligible nonprofit organization that submits an
					 application for financial assistance under the Colonia Self-Help Program
					 established by Water Code, Chapter 15, Subchapter P.
(2) Self-help project--A project providing
					 necessary water or wastewater services to a colonia in which the people who
					 will benefit from the project actively participate.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 2 - COLONIA SELF-HELP PROGRAM › Section 363.522 - Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
					 award a grant under the Colonia Self-Help Program directly to an eligible
					 nonprofit organization or political subdivision to reimburse the organization
					 for expenses incurred in a self-help project.
(b) If the board determines that the
					 political subdivision, or a retail public utility, if the political subdivision
					 will not be the service provider, has made a commitment to the self-help
					 project sufficient to ensure that retail water or wastewater service will be
					 extended to the colonia, the board may make an advance of grant funds to the
					 nonprofit organization or political subdivision.
(c) An advance under this section is subject
					 to the terms determined by the board and may not exceed 10 percent of the total
					 amount of the grant.