31 TAC §§363.1002, 363.1003, 363.1006, 363.1007
The Texas Water Development Board (board) proposes amendments
to 31 TAC Chapter 363, concerning the State Participation Program. Proposed
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 proposed amendment to §363.1002 provides a definition of new water
supply projects that identifies proposed projects which will create new, usable
supplies of water. Proposed amendments to §363.1003 create two new paragraphs.
Proposed new paragraph (1) authorizes the board to financially participate
in up to 80% of the costs of a new water supply project. Proposed 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.
Proposed amendments to §363.1006 will amend the dates for application
submission, for application rating, and for board consideration. Section 363.1007
is proposed for amendment to add a new rating criterion such that new water
supply projects are entitled to receive 2 rating points.
Melanie Callahan, Director of Fiscal Services, has determined that for
the first five-year period these changes are in effect there will be no fiscal
implications to state or local government as a result of enforcement and administration
of the sections.
Ms. Callahan has also determined that for the first five years the changes
as proposed are in effect the public benefit anticipated as a result of implementing
the amended sections will be to provide an incentive for the construction
of projects that will provide new sources of water for the burgeoning population
of the state while continuing the state's historic role in participating in
projects to increase their cost efficiency. Ms. Callahan has further determined
there will be no increased economic cost to small businesses or individuals
required to comply with the sections as proposed because the provisions apply
only to political subdivisions applying for board assistance.
It is estimated that the rule amendments will not adversely affect local
economies because the proposed changes relate only to the level of financial
participation of the state in local projects. Indeed, by the state financially
contributing to these projects, the local economies should be positively affected.
Comments on the proposed amendments will be accepted for 30 days following
publication and may be submitted to Jonathan Steinberg, Attorney, (512) 475-2051,
Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231,
or by e-mail to jonathan.steinberg@twdb.state.tx.us or by fax at (512) 463-5580.
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.
§363.1002.Definitions of Terms.
The following word and terms, when used in this subchapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (4)
(No change.)
(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.
§363.1003.Board Participation.
Unless otherwise directed by legislation, the board will only use the
State Participation Accounts of the Texas Water Development Fund I or the
Texas Water Development Fund II to provide financial assistance for all or
a part of the cost to construct the excess capacity of [
a proposed project
where
]:
(1)
an eligible new water supply project where:
(A)
[
(1)
] at least 20% of the total facility
capacity of the proposed project will serve existing need, or
(B)
[
(2)
] the applicant will finance
at least 20% of the total project cost from sources other than the State Participation
Account
; and
[
.
]
(2)
all other projects eligible for state
participation where:
(A)
at least 50% of the total facility capacity of the proposed
project will serve existing need, or
(B)
the applicant will finance at least 50% of the total project
cost from sources other than the State Participation Account.
§363.1006.Priority Rating System.
(a)
The executive administrator will rate all applications
not previously considered by the board on March 1 and October 1 of each year.
An application must be submitted by February 1 to be rated on March 1. An
application must be submitted by September 1 to be rated on October 1. The
executive administrator will provide the ratings to the board in March and
October of each year. The board may consider rated applications at its March
or October board meetings or may postpone consideration of any rated applications
at its discretion.
[
The board will consider applications for financial
assistance from the State Participation Accounts at its meetings in March
and October of each year. An application may be submitted at any time. To
be considered by the board, and rated by the executive administrator, the
application must be received no later than 45 days before the board meeting
date at which it is to be presented to the board.
]
(b) - (c)
(No change.)
§363.1007.Rating Criteria.
(a)
The factors to be used by the executive administrator to
rate projects seeking financial assistance from the State Participation Account,
and the points assigned to each factor, shall be as follows:
(1) - (6)
(No change.)
(7)
New water supply projects will receive
2 points.
(b)
(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 May 21, 2003.
TRD-200303164
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: July 16, 2003
For further information, please call: (512) 463-7981