Part 10. TEXAS WATER DEVELOPMENT BOARD
Chapter 363. FINANCIAL ASSISTANCE PROGRAMS
Subchapter E. ECONOMICALLY DISTRESSED AREAS
Division 1. ECONOMICALLY DISTRESSED AREAS PROGRAM
The Texas Water Development Board (the board) proposes new §363.511 to 31 TAC, Chapter 363, Subchapter E, Division 1, relating to the board's Economically Distressed Areas Program.
The board proposes new §363.511 to be added to Division 1 related to compliance with the model subdivision rules based on recently enacted provisions of Senate Bill 3, Article VI passed by the 80th Legislature during the Regular Session.
Veronica Hinojosa-Segura, Chief Financial Officer, has determined that for the first five-year period the new section is in effect, there will not be fiscal implications on state and local government as a result of enforcement and administration of the new section.
Ms. Hinojosa-Segura has also determined that for the first five years the new section, as proposed, is in effect, the public benefit anticipated as a result of enforcing the proposed new section will be improved coordination of resources and efficiency in administration of the board's Economically Distressed Areas Program. Ms. Hinojosa-Segura has determined there will not be economic costs to small businesses or individuals required to comply with the new section as proposed.
The board has reviewed the proposed rulemaking in accordance with the regulatory analysis requirements of Texas Government Code, §2001.0225, and determined that the rulemaking does not meet the definition of a major environmental rule and is not subject to the requirements of that provision.
Comments on the proposal will be accepted for 30 days following publication and may be submitted to Joe Reynolds, Attorney, Office of General Counsel, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231, or by e-mail to joe.reynolds@twdb.state.tx.us or by fax at (512) 463-5580.
The new section is proposed under the authority of the Texas Water Code, §6.101 which provides the board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State, as well as under the authority of Texas Water Code sections: §16.343, which authorizes the board to prepare and adopt model rules; §16.344, which authorizes the board to monitor the performance of a political subdivision receiving financial assistance from the Economically Distressed Areas Program; and §17.929, which provides that the board must consider whether a political subdivision has adopted and is enforcing the model rules. Furthermore, the section is proposed under the authority of Senate Bill 3, Article VI passed by the 80th Legislature during the Regular Session, which amends Texas Water Code §16.344 and becomes effective on September 1, 2007.
The statutory provisions affected by the proposed new section are Texas Water Code, Chapters 16 and 17.
§363.511.Temporary Continuation of Funding.
(a) A political subdivision may temporarily continue to receive funds under Subchapter K, Chapter 17 of the Texas Water Code, if the political subdivision submits a request for temporary continuation of funding and the board determines that:
(1) the political subdivision's initial funding application and any amendments for a designated area were reviewed and approved by the board before January 1, 2007;
(2) withholding funds would result in an undue hardship for occupants of the property to be served by unreasonably delaying the provision of adequate water or wastewater services;
(3) withholding funds would result in inefficient use of local, state, or federal funds under the program;
(4) the political subdivision has committed to taking the necessary and appropriate actions to correct any deficiencies in adoption or enforcement of the model rules pursuant to Water Code §16.343 (model rules) within the time designated by the board, but not later than the 90th day after the date the board makes the determinations under this subsection;
(5) the political subdivision has sufficient safeguards in place to prevent the proliferation of colonias; and
(6) during the 30 days after the date the board receives a request under this subsection, the board, after consulting with the Attorney General, Secretary of State, and Texas Commission on Environmental Quality, has not received an objection from any of those entities to the request for temporary continuation of funding.
(b) In applying subsection (a) of this section to applications for increased financial assistance, the board shall only consider areas that were included in the initial application, except that the board may reconsider the eligibility of areas that were the subject of a facility plan in the initial application and that may be determined to be eligible based on criteria in effect September 1, 2005.
(c) The political subdivision shall take necessary and appropriate actions to correct any deficiencies in its adoption and enforcement of the model rules within the time period required by the board, not to exceed the 90-day period described by subsection (a)(4) of this section, and provide evidence of compliance to the board. The board shall discontinue funding unless the board makes a determination based on the evidence provided that the political subdivision has demonstrated sufficient compliance to continue funding.
(d) Except as provided by subsections (a) - (c) of this section, if the board determines that a county or city that is required to adopt and enforce the model rules is not enforcing the model rules, the board shall discontinue funding for all projects within the county or city that are funded under Subchapter K, Chapter 17.
(e) The board may not accept or grant applications for temporary funding under subsection (a) of this section after June 1, 2009.
(f) This section will expire September 1, 2009.
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 June 29, 2007.
TRD-200702770
Marisol Saenz
Attorney
Texas Water Development Board
Proposed date of adoption: August 27, 2007
For further information, please call: (512) 463-8249