31 TAC §§368.1, 368.5, 368.10
The Texas Water Development Board (the board) adopts amendments
to 31 TAC §§368.1, 368.5, and 368.10 concerning the Flood Mitigation
Assistance Program without changes to the proposed text as published in the
June 2, 2006, issue of the
Texas Register
(31
TexReg 4573) and will not be republished. The amendments provide clarification
consistent with directives from the Federal Emergency Management Agency (FEMA).
Amendment to §368.1 is adopted to allow a political subdivision or
other authority to apply for Flood Mitigation Assistance (FMA) funding if
the political subdivision or other authority is specifically authorized by
FEMA to apply for FMA. Under the existing rules, only a political subdivision
(or an authority acting at the direction of a political subdivision) that
has zoning and building code jurisdiction over a particular area having special
flood hazards and which is participating in the National Flood Insurance Program
(NFIP) is eligible to apply for FMA. The amendment makes eligible certain
political subdivisions who do not have zoning and building code jurisdiction
over a particular area having special flood hazards or participate in the
NFIP but who have the responsibility in their area for flood control and flood
mitigation planning, and who have been specifically authorized by FEMA to
apply for FMA. The amendment also makes eligible any other authority which
has been specifically authorized by FEMA to apply for FMA.
The board adopts an amendment to §368.5 to clarify that planning grants
may not be awarded to conduct drainage studies and reflects new guidance from
FEMA.
The board adopts an amendment to §368.10 to provide an exception to
the ceiling for project grant funding to all communities state-wide ($20 million)
and to any individual community ($3.3 million) in the event of a Presidential
disaster declaration for flooding, at the discretion of FEMA. This amendment
is in line with FEMA rules and guidance and provides notice of an increased
opportunity for funding to communities that fall within a disaster area declared
by the President.
There were no comments received on the proposed amendments.
The amendments are adopted under the authority of the Texas Water §6.101
and Chapter 15, Subchapter F, which provide the Texas Water Development Board
with the authority to adopt rules necessary to carry out the powers and duties
of the board and for administration of the research and planning fund and
under Texas Government Code, Chapter 742 which provides for state coordination
of local applications for federal funds.
The statutory provisions affected by the amendments are Texas Water Code
Chapter 15.
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 19, 2006.
TRD-200603824
Jonathan Steinberg
Deputy Counsel
Texas Water Development Board
Effective date: August 8, 2006
Proposal publication date: June 2, 2006
For further information, please call: (512) 475-2052