Texas Register
(28 TexReg 4407) and will not be
republished. Amendments to §§363.1002, 363.1003, 363.1006 and 363.1007
relate to the administration and the level of financial investment of the
State in projects eligible for funding from the State Participation Program.
The amendment to §363.1002 provides a definition of new water supply
projects that identifies proposed projects which will create new, usable supplies
of water. The purpose of this definition is to identify projects that create
new supplies of water separate from projects that provide for retail water
or wastewater services. Relying on this definition, amendments to §363.1003
create two new paragraphs. New paragraph (1) authorizes the board to financially
participate in up to 80% of the costs of a new water supply project. Limited
funding for state participation projects creates a necessity to prioritize
the use of funds for projects. Financially participating at a higher level
in projects that create new water supplies provides an additional incentive
for the development of new supplies of water over other projects eligible
for funding from the state participation program. A higher level of financial
participation in these types of projects is consistent with the historic levels
of financial participation undertaken by the state. New paragraph (2) authorizes
the board to financially participate in up to 50% of the costs of all other
projects that are eligible for the State Participation Program. This level
of participation has provided support necessary for the viability of these
types of projects and is determined to an appropriate level of state participation
at this time. Amendments to §363.1006 will amend the dates for application
submission, for application rating, and for board consideration. In this manner,
applicants are assured of timely consideration of project applications while
providing the board flexibility to adjust the amount of time for necessary
for an adequate review of applications as it deems appropriate. Section 363.1007
will add a new rating criterion such that new water supply projects are entitled
to receive 2 rating points. Providing additional points for new water supply
projects further the purposes of emphasizing new water supply projects over
other projects eligible for funding from the state participation program on
a relative basis.
No comments were received on the proposed amendments.
Statutory authority: Water Code, §6.101.
Cross-reference to statute: Water Code, Chapter 16, Subchapters E and F;
and Chapter 17, Subchapters D, E, and F.
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 July 16, 2003.
TRD-200304306
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: August 5, 2003
Proposal publication date: June 6, 2003
For further information, please call: (512) 475-2052