31 TAC §368.8, §368.9
The Texas Water Development Board (board) proposes amendments
to 31 TAC §368.8 and §368.9 concerning the Flood Mitigation Assistance
Program. These amendments are proposed in order to provide clarification consistent
with directives from the Federal Emergency Management Agency (FEMA).
The proposed new §368.8(c) is to account for a new process utilized
by FEMA. Under the Pre-Disaster Mitigation program, FEMA may approve a grant
but fund it with Flood Mitigation Assistance funds. In such instances, FEMA
will direct the executive administrator of the board to execute a contract
with the approved grantee even though the grantee did not apply for Flood
Mitigation Assistance funds pursuant to Chapter 368. This proposed rule amendment
merely explains that the board will execute Flood Mitigation Assistance contracts
with a community as directed by FEMA. Current subsection (c) is amended to
be subsection (d).
The proposed amendments to §368.9 have two purposes. The proposed
amendment to §368.9(b) is simply to correct an error that exists in the
current rule. The board had previously approved the language but an error
caused the phrase "unless a time extension is granted by the board" to be
left off of the official publication of the rule. This proposed amendment
corrects that error.
The proposed new §368.9(c) has the same purpose as the proposed new §368.8(c).
Under the Pre-Disaster Mitigation program, FEMA may approve a grant but fund
it with Flood Mitigation Assistance funds. In such instances, FEMA will direct
the executive administrator of the board to execute a contract with the approved
grantee even though the grantee did not apply for Flood Mitigation Assistance
funds pursuant to Chapter 368. This proposed rule amendment merely explains
that the board will execute Flood Mitigation Assistance contracts with a community
as directed by FEMA.
James LeBas, Chief Financial Officer, has determined that for the first
five-year period these sections are in effect, there will be no additional
fiscal implications on state and local government as a result of enforcement
and administration of the sections. The Flood Mitigation Assistance program
is a voluntary program and the board simply passes through federal funds for
approved applications.
Mr. LeBas has also determined that for the first five years the amendments,
as proposed, are in effect the public benefit anticipated as a result of enforcing
the proposed sections will be to clarify and update the rules consistent with
FEMA directives. Mr. LeBas has determined there will not be economic costs
to small businesses or individuals required to comply with the sections as
proposed.
Comments on the proposal will be accepted for 30 days following publication
and may be submitted to Ron Pigott, Texas Water Development Board, P.O. Box
13231, Austin, Texas 78711-3231, by email at Ron.Pigott@twdb.state.tx.us,
or by fax at (512) 463-5580.
The amendments are proposed 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 proposed amendments are Texas
Water Code Chapter 15.
§368.8.Planning Grant Evaluation and Approval Process.
(a) - (b)
(No change.)
(c)
The executive administrator will also
execute contracts with communities at the direction of FEMA. Usually, this
occurs when a community has applied for FEMA’s Pre-Disaster Mitigation
program, through the Governor’s Division of Emergency Management, and
FEMA has approved the application and directed that FMA monies be used to
fund it.
(d)
[
(c)
] Work under each planning grant
must be completed within three years of the date of execution of the contract.
§368.9.Project Grant Evaluation and Approval Process.
(a)
(No change.)
(b)
In its approval of a project to be recommended for FEMA
project grant, the board shall specify a commitment period that shall begin
to run with notification of FEMA’s approval of the project and during
which time the applicant must enter into a contract with the board. If a contract
has not been executed within the commitment period, the commitment shall expire
, unless a time extension is granted by the board
.
(c)
The executive administrator will also
execute contracts with communities at the direction of FEMA. Usually, this
occurs when a community has applied for FEMA’s Pre-Disaster Mitigation
program, through the Governor’s Division of Emergency Management, and
FEMA has approved the application and directed that FMA monies be used to
fund it.
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 July 19, 2005.
TRD-200502934
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: September 20, 2005
For further information, please call: (512) 475-2052