Texas Register, Volume 36, Number 44, Pages 7417-7610, November 4, 2011 Page: 7,484
7417-7610 p. ; 28 cm.View a full description of this periodical.
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The amendment to 371.14(b) adds the sentence, "The interest
rates will be determined by this section and as described in an
IUP."
Section 371.21.
The amendment to 371.21 describes the rating process for
those entities seeking DWSRF funding for an approved emer-
gency relief project.
Section 371.40.
The amendment to 371.40 adds subparagraph (7) and defines
an "emergency relief project" in order to determine those entities
experiencing an emergency condition or incident that causes an
imminent peril to public health, safety, environment, or welfare.
Section 371.41(a).
The amendment to 371.41(a) clarifies that the environmental
review process, in compliance with the National Environmental
Policy Act (NEPA), will be applied to projects funded in whole or
in part by the DWSRF to the maximum extent legally and practi-
cably feasible. The amendment allows the environmental review
process to be modified if an emergency condition as described
in 371.40(7) exist.
Section 371.42(g).
The amendment to 371.42(g) describes the public notice crite-
ria for a Categorical Exclusion (CE) environmental determination
made by the executive administrator. The amendment allows the
required public notice to be published either in a newspaper of
general circulation in the county or counties of the affected com-
munity or on the agency's website and referenced in a public
notice that is published in a newspaper of general circulation in
the county or counties of the affected community.
Section 371.50(a).
This amendment corrects the acronym for the National Environ-
mental Policy Act (NEPA).
Section 371.51.
The proposal adds 371.51 to Subchapter E to provide that if
an applicant requests funding for an emergency relief project,
the executive administrator shall review all relevant information
needed by the Board to find that an emergency condition as de-
scribed under amended 371.40(7) is present. If the Board de-
termines that an emergency condition is present, the Board may
authorize funding for the designated emergency relief project,
subject to the availability of funds. If the Board finds that full
compliance with NEPA will unreasonably delay the resolution of
the emergency condition, the NEPA notification requirements will
be modified to the extent necessary to proceed with the project
provided the Board also finds that the modified notification will
not adversely impact any natural resources falling within NEPA
protections. The notification will be documented by the execu-
tive administrator.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERN-
MENTS.
Ms. Melanie Callahan, Chief Financial Officer, has determined
that there will be no fiscal implications for state or local govern-
ments as a result of the proposed rulemaking. For the first five
years these rules are in effect, there is no expected additional
cost to state or local governments resulting from their adminis-
tration. This rulemaking affects only those entities that voluntar-
ily apply for financial assistance under the DWSRF program.These rules are not expected to result in reductions in costs to
either state or local governments. The rulemaking will clarify
the uses of the DWSRF and the criteria under which the TWDB
may offer financial assistance for projects financed through the
DWSRF program. These rules are not expected to have any im-
pact on state or local revenues. The rules do not require any in-
crease in expenditures for state or local governments as a result
of administering these rules. Additionally, there are no foresee-
able implications relating to state or local governments' costs or
revenue resulting from these rules.
PUBLIC BENEFITS AND COSTS.
Ms. Callahan also has determined that for each year of the first
five years the proposed rulemaking is in effect, the public will
benefit from the rulemaking as it continues rules for expedited
consideration of emergency projects and clarifies rules by which
financing is available for water projects at a cost generally below
the market rate at which the entity would be able to finance the
project. There will be no economic cost to persons required to
comply with these rules because the requirements of these rules
apply only to those persons who voluntarily seek assistance from
the DWSRF program.
LOCAL EMPLOYMENT IMPACT STATEMENT.
The Board has determined that a local employment impact state-
ment is not required because the proposed rule does not ad-
versely affect a local economy in a material way for the first five
years that the proposed rule is in effect because it will impose no
new requirements on local economies. The Board also has de-
termined that there will be no adverse economic effect on small
businesses or micro-businesses as a result of enforcing this rule-
making because the rules are not regulatory and are not directed
at private small or micro-businesses. The Board also has deter-
mined that there is no anticipated economic cost to persons who
are required to comply with the rulemaking as proposed. There-
fore, no regulatory flexibility analysis is necessary.
REGULATORY ANALYSIS.
The Board has determined that the proposed rulemaking is not
subject to Government Code 2001.0225 because it is not a ma-
jor environmental rule under that section.
TAKINGS IMPACT ASSESSMENT.
The Board has determined that the promulgation and enforce-
ment of this proposed rule will constitute neither a statutory nor
a constitutional taking of private real property. The proposed
rule does not adversely affect a landowner's rights in private real
property, in whole or in part, temporarily or permanently, because
the proposed rule does not burden or restrict or limit the owner's
right to or use of property. Therefore, the proposed rule does
not constitute a taking under Texas Government Code, Chapter
2007 or the Texas Constitution.
SUBMITTAL OF COMMENTS.
Comments on the proposed rulemaking will be accepted for
30 days following publication in the Texas Register and may
be submitted to Legal Services, Texas Water Development
Board, P.O. Box 13231, Austin, Texas 78711-3231, rulescom-
ments@twdb.state.tx.us, or by fax at (512) 475-2053.
SUBCHAPTER B. FINANCIAL ASSISTANCE
31 TAC 371.14
STATUTORY AUTHORITY.36 TexReg 7484 November 4, 2011 Texas Register
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Texas. Secretary of State. Texas Register, Volume 36, Number 44, Pages 7417-7610, November 4, 2011, periodical, November 4, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth193249/m1/66/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.