Part 9.
TEXAS ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL
Chapter 286.
ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL
The Texas On-Site Wastewater Treatment Research Council (Council)
adopts new Chapter 286 containing §§286.1, 286.2, 286.9, 286.14,
286.31, 286.32, 286.34, 286.51-286.53, 286.74, 286.91-268.98 and 286.131 concerning
the On-Site Wastewater Treatment Research Council under TAC Title 31 (relating
to Natural Resources and Conservation). This adopted new chapter will replace
existing Chapter 286 concerning the On-Site Wastewater Treatment Research
Council under TAC Title 30 (relating to Environmental Quality). Chapter 286
is adopted without changes to the proposed text as published in the January
28, 2000, issue of the
Texas Register
(25
TexReg 547) and will not be republished.
EXPLANATION OF THE ADOPTED RULES
The Council adopted new Chapter 286 to move its rules to Title 31, Part
9, relating to the Texas On-Site Wastewater Treatment Research Council, to
provide for clearer administration of its programs as a separate state agency
from the Texas Natural Resource Conservation Commission (the Commission).
Currently the Council rules are imbedded within Title 30, Part I, which is
reserved for rules of the Commission. As per the Texas Health and Safety Code,
Chapter 367, relating to the On-Site Wastewater Treatment Research Council,
the Council is a separate state agency for which the Commission provides staff
and other administrative support.
While the entire adopted chapter is new, there are only a few changes from
the existing rules that are being adopted by the Council. These are amendments
to §286.2 (relating to Definitions), §286.34 (relating to Indemnification), §286.51
(relating to Applied Research Grants), §286.52 (relating to Demonstration
and Monitoring Grants), §286.53 (relating to Technology Transfer Grants), §286.74
(relating to Mailing Address), §286.91 (relating to Receipt of Proposals), §286.92
(relating to Council Review), §286.93 (relating to Discussions of Proposals), §286.96
(relating to Awards), and §286.131 (relating to Grants and Donations).
Throughout the rules, cross references and citations to other statutes have
been updated.
The Council did not propose that the following existing sections be carried
over to new Chapter 286: §286.3 (relating to Meetings), §286.4 (relating
to Transaction of Official Business), §286.5 (relating to Attendance), §286.6
(relating to Agendas), §286.7 (relating to Minutes), §286.8 (relating
to Elections), §286.10 (relating to Committees), §286.11 (relating
to Executive Secretary), §286.12 (relating to Reimbursement for Expenses), §286.13
(relating to Official Record), §286.14 (relating to Impartiality and
Non-discrimination), and §286.33 (relating Funding). The Council found
that these sections were redundant with the statute and their absence will
provide the Council with more flexibility in addressing its internal management
and organization.
The adopted new Subchapter A (relating to Council Procedures) now consists
of the existing §286.1 (relating to Purpose and Scope), §286.2 (relating
to Definitions), §286.9 (relating to Officers), and §286.14 (relating
to Impartiality and Non-discrimination) under Title 30. The adopted subchapter
contains changes from existing §286.2(a)(9) under Title 30, to correct
the name of the Uniform Grant Management Standards from Uniform Grant and
Contract Management Standards as cited in the Texas Government Code, Chapter
783, and the rules promulgated under 1 TAC §§5.141-5.167.
The adopted new Subchapter B (relating to Grants) now consists of the existing §286.31
(relating to Purpose), §286.32 (relating to Council Objectives), §286.34
(relating to Indemnification), §286.51 (relating to Applied Research
Grants), §286.52 (relating to Demonstration and Monitoring Grants), §286.53
(relating to Technology Transfer Grants), §286.74 (relating to Mailing
Address), §286.91 (relating to Receipt of Proposals), §286.92 (relating
to Council Review), §286.93 (relating to Discussion of Proposals), §286.94
(relating to Status of Proposals), §286.95 (relating to Decision Making), §286.96
(relating to Awards), §286.97 (relating to Denials), and §286.98
(relating to Tabling Decision) under Title 30.
The adopted new §286.34 now contains changes from the existing §286.34
under Title 30, relating to Indemnification, to clarify language regarding
indemnification of the Council due to the action resulting from grantee's
performance under the grant award. The Council does not believe that the receipt
of a grant award by the grantee will result in liability, but the Council
wishes to ensure that the state will not be subject to liability based on
grantee's conduct in performance of the grant contract.
The adopted new §286.51 now contains changes from the existing §286.51,
relating to Applied Research Grants under Title 30, to add language consistent
with the requirements of Texas Health and Safety Code, §367.008(b)(1),
and to clarify language regarding unsolicited proposals.
The adopted new §286.52 now contains changes from the existing §286.52,
relating to Demonstration and Monitoring Grants under Title 30, to add language
to describe a demonstration and monitoring project, make a distinction between
solicited and unsolicited projects, and delete the restriction of awarding
only one grant per designated period.
The adopted new §286.53 now contains changes from the existing §286.53,
relating to Technology Transfer Grants under Title 30, to clarify language
regarding unsolicited proposals.
The adopted new §286.91 and §286.92 now contain changes from
the existing §286.91, relating to Receipt of Proposals under Title 30,
to clarify that the Council is not required to review the proposals at the
next meeting and changes from existing §286.92, relating to Council Review
under Title 30, to clarify the amount of time required for the Council members
to review proposals.
The adopted new §286.93 now contains changes from existing §286.93,
relating to Discussion of Proposals under Title 30, to clarify when the proposals
will be discussed and that the proposal will be included on the agenda to
be posted with the open meeting notice.
The adopted new §286.96 now contains changes from existing §286.96,
relating to Awards under Title 30, to clarify that a written contract is required
to be executed before receiving any funds and to add language to clarify the
intent of the Council to fund indirect costs only if required by law to better
utilize the funds for research, demonstration, and technology transfer projects.
The adopted new Subchapter C (relating to Grants and Donations to the Council)
now consists of the existing §286.131 (relating to Grants and Donations)
under Title 30.
FINAL REGULATORY IMPACT ANALYSIS
The Council reviewed this rulemaking in light of the regulatory analysis
requirements of Texas Government Code, §2001.0225, and has determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in the Texas
Government Code.
TAKINGS IMPACT ASSESSMENT
The Council has prepared a takings impact assessment for these rules pursuant
to Texas Government Code, §2007.043. The purpose of this rulemaking is
to eliminate redundancy in the rules and to clarify, correct, and add procedures
for awarding grants and distributing grant money. Therefore, these new adopted
rules will not constitute a takings under Texas Government Code, Chapter 2007.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The Council has determined that this rulemaking does not relate to an action
subject to the Texas Coastal Management Program in accordance with the Coastal
Coordination Act of 1991, as amended (Texas Natural Resources Code, §§33.201
et seq.).
HEARING AND COMMENTERS
A public hearing was not held for this rulemaking. The comment period closed
on February 27, 2000. No comments were received.
Subchapter A. COUNCIL PROCEDURES
31 TAC §§286.1, 286.2, 286.9, 286.14
STATUTORY AUTHORITY
The new sections are adopted under the authority and effect the provisions
of Texas Health and Safety Code, §367.008, which authorizes the Council
to establish procedures for awarding competitive grants and disbursing grant
money.
No other codes, statutes, or rules will be affected by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 14, 2000.
TRD-200002643
Warren Samuelson
Executive Secretary
Texas On-Site Wastewater Treatment Research Council
Effective date: May 4, 2000
Proposal publication date: January 28, 2000
For further information, please call: (512) 239-4799
Subchapter B. GRANTS