Part 10.
TEXAS WATER DEVELOPMENT BOARD
Chapter 370.
COLONIA PLUMBING LOAN PROGRAM
The Texas Water Development Board (Board) proposes amendments to 31
TAC §§370.2, 370.27, 370.31, and 370.41, and the repeal of 31 TAC §370.43
and §370.61 concerning the Colonia Plumbing Loan Program (CPLP).
The changes are proposed to make nonsubstantive technical corrections,
clarify Board requirements, and repeal unnecessary provisions.
Section 370.2 (Definition of Terms) is proposed to be amended to delete
an unnecessary definition of "HUD §8 income limits" and to correct an
error in a citation reference to a Board rule for water conservation plans.
Section 370.27 (Loans) is proposed to be amended to conform to the proposed
repeal of Section 370.61 (Audit) and to clarify that the final accounting
review of the borrower's loan is the duty of the executive administrator or
his designated representative. Section 370.31 (Local Program Operating Procedure)
and §370.41 (Required Information) are proposed to be amended to better
reflect the current administrative structure of the Board by deleting references
to the director of the Economically Distressed Areas Program. Section 370.41
(Required Information) is also proposed to be amended to clarify that the
required CPLP application information includes two separate plans: the applicant's
water conservation plan and its drought contingency plan. Section 370.41 is
also proposed to be amended to make a conforming change to the proposed repeal
of §370.43 (Priority System).
Section 370.43 (Priority System) is proposed to be repealed due to the
fact that the CPLP program has not yet, nor does it anticipate, receiving
applications in the numbers that would require priority ranking for funding.
Since the inception of the program in 1991, only a handful of applicants have
sought CPLP funds. Section 370.61 (Audit) is proposed to be repealed because
it imposes a requirement on recipient political subdivisions to have an independent
audit performed by a certified public accountant at the closeout of a CPLP
loan. Staff has determined that other provisions of Board rules and state
law protect the CPLP funds from the risks intended to be guarded against by
the audit currently required by §370.61. It is therefore an unnecessary
duplicitous burden on CPLP borrower entities to have an independent audit
performed upon loan closeout.
Ms. Paris Peden, Interim Director of Accounting and Finance, has determined
that for the first five-year period these sections are in effect there will
not be fiscal implications on state and local government as a result of enforcement
and administration of the sections.
Ms. Peden has also determined that for the first five years the sections
as proposed are in effect the public benefit anticipated will be to facilitate
compliance for CPLP applicants by repealing unnecessary rules and clarifying
existing CPLP requirements. Ms. Peden has determined there will be no economic
costs to small businesses or individuals required to comply with the sections
as proposed.
Comments on the proposed amendments will be accepted for 30 days following
publication and may be submitted to Clark Cornwell, Staff Attorney, Border
Project Management Division, (512) 475-3073, Texas Water Development Board,
P.O. Box 13231, Austin, Texas, 78711-3231, or by fax at (512) 463-5580.
Subchapter A. INTRODUCTORY PROVISIONS
31 TAC §370.2
The amendments are proposed under the authority of the Texas
Water Code, §6.101 and §15.737.
The statutory provisions affected by the proposed amendments are Texas
Water Code, Chapter 15, Subchapter L.
§370.2. Definition of Terms.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (4)
(No change.)
[
HUD §8 income limits
-- Department of Housing and Urban Development guidelines which determine
low-to-moderate income families. Low-to-moderate income families are those
earning less than 80% of the area median family income or of the statewide
nonmetropolitan median family income, as defined by HUD.]
(5)
[
(A)
shower heads limited to a flow rate not to exceed 2.75
gallons per minute;
(B)
toilets utilizing no more than 1.6 gallons per flush;
and
(C)
kitchen and lavatory faucets in nonpublic buildings limited
to a flow rate not to exceed 2.2 gallons per minute.
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on March 9, 2000.
TRD-200001817
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: May 17, 2000
For further information, please call: (512) 463-7981
31 TAC §370.27, §370.31
The amendments are proposed under the authority of the Texas
Water Code, §6.101 and §15.737.
The statutory provisions affected by the proposed amendments are Texas
Water Code, Chapter 15, Subchapter L.
§370.27. Loans.
Borrowers shall set their interest rates to individuals at the same
interest rates provided to the borrower by the board. The maximum term of
the loan to individuals must not exceed ten years. Borrowers are prohibited
from generating any profit from program interest, connection fees or other
charges. Upon
a final accounting review of the borrower's loan by the
executive administrator or his designated representative
[
§370.31. Local Program Operating Procedures.
Applicants which receive funding under this program will be required
to adopt local program operating procedures approved by the
executive
administrator or his designated representative
[
(1) - (6)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on March 9, 2000.
TRD-200001818
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: May 17, 2000
For further information, please call: (512) 463-7981
22 TAC §370.41
The amendments are proposed under the authority of the Texas
Water Code, §6.101 and §15.737.
The statutory provisions affected by the proposed amendments are Texas
Water Code, Chapter 15, Subchapter L.
§370.41. Required Information.
The following information is required on all applications to the board
for plumbing improvement loans:
(1) - (8)
(No change.)
(9)
a copy of the applicant's water conservation
plan
and drought contingency plan;
(10) - (11)
(No change.)
(12)
description of plan to provide plumbing improvements
and draft operating procedures acceptable to the
executive administrator
or his designated representative
[
(13) - (15)
(No change.)
[
documentation of pertinent
priority system rating information to be considered under §370.43 of
this title (relating to Priority System)];
(16)
[
(17)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on March 9, 2000.
TRD-200001819
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: May 17, 2000
For further information, please call: (512) 463-7981
(5)
(6)
] Low-flow plumbing fixtures
-- Fixtures meeting the following flow requirements:
(7)
] Owner -- Record
title holder of real property or purchaser of real property under a contract
of sale, contract of deed, or other similar instrument.
(8)
] Plumber -- Either a master
plumber or a journeyman plumber licensed by the State Board of Plumbing Examiners.
(9)
] Political subdivision
-- A county, municipality, a nonprofit member-owned, member- controlled water
supply corporation organized and operating under Chapter 76, Acts of the 43rd
Legislature, 1933, First Called Session, Texas Civil Statutes, Article 1434a,
or district or authority created under the Texas Constitution, Article III, §52,
or Article XVI, §59.
(10)
] Project areas -- Colonias
in which the applicant intends to loan money to residents for the purpose
of making plumbing improvements.
(11)
] Water conservation
plan -- A plan adopted by the applicant that complies with the requirements
of
§363.15
[
§363.59
] of this title (relating
to Required Water Conservation Plan).
Subchapter B. POLICY DECLARATIONS
final
audit of the loan provided in §370.61 of this title (relating to Audit)
], the borrower shall return to the board any money collected from individual
loan repayment which has not been spent on program administration or to provide
loan repayments to the board.
director of the
Economically Distressed Areas Program
] prior to closing a loan with
the board which contain the following:
Subchapter C. APPLICATIONS TO THE BOARD
Director of the Economically
Distressed Areas Program
], which include a detailed explanation of the
proposed billing and collection arrangements and inspection service agreements,
and including any associated costs;
(16)
(17)
] explanation of local
requirements that will be incorporated into the local program operating procedures;
and
(18)
] other information requested
by the board or the executive administrator.