Part 10.
TEXAS WATER DEVELOPMENT BOARD
Chapter 370.
COLONIA PLUMBING LOAN PROGRAM
The Texas Water Development Board (Board) adopts 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) without
change to the proposed text as published in the March 24, 2000, issue of the
Section 370.2 (Definition of Terms) is 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 amended to conform to the proposed repeal of §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 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 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 amended to make a conforming change to the proposed
repeal of §370.43 (Priority System).
Section 370.43 (Priority System) is repealed due to the fact that the CPLP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Section 370.61 (Audit) is repealed because it imposes a requirement on recipient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.
One comment was received from the United States Environmental Protection
Agency and concurred with the amendments as being consistent with the approved
Operating Agreement.
Subchapter A. INTRODUCTORY PROVISIONS
31 TAC §370.2
The amendment is adopted under the authority of the Texas
Water Code, §6.101 and §15.737.
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 May 18, 2000.
TRD-200003470
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: June 7, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 463-7981
31 TAC §370.27, §370.31
The amendments are adopted under the authority of the Texas
Water Code, §6.101 and §15.737.
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 May 18, 2000.
TRD-200003471
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: June 7, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 463-7981
31 TAC §370.41
The amendment is adopted under the authority of the Texas
Water Code, §6.101 and §15.737.
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 May 18, 2000.
TRD-200003472
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: June 7, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 463-7981
Subchapter B. POLICY DECLARATIONS
Subchapter C. APPLICATIONS TO THE BOARD