Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019 Page: 7,844
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STATUTORY AUTHORITY
This rulemaking is proposed under the authority of Texas Wa-
ter Code 16.453, Floodplain Management Account for funding
planning grants; 16.061, State Flood Planning; and 16.062,
Regional Flood Planning.
Cross Reference: Texas Water Code 16.061, State Flood Plan-
ning; 16.062, Regional Flood Planning; and 16.453, Flood-
plain Management Account for funding planning grants, are af-
fected by this rulemaking.
361.70. Notice of Funds and Submission and Review of Regional
Flood Planning Applications.
(a) The EA will notify the RFPGs that funds are available and
that applications will be accepted from eligible applicants for grants to
develop or negotiate a scope of work or to develop or revise regional
flood plans. A RFPG may not receive grant funds unless the RFPG has
provided the EA with a copy of the RFPG's adopted by-laws.
(b) The RFPG shall provide a written designation to the EA
naming the political subdivision that is authorized to apply for grant
funds on behalf of the RFPG. The RFPG shall ensure that the desig-
nated political subdivision has the legal authority to conduct the pro-
curement of professional services and enter into the contracts necessary
for regional flood planning.
(c) The RFPG meeting to consider its additional, region-spe-
cific, public notice requirements in accordance with 361.12(3) of this
title (relating to General Regional Flood Planning Group Responsibil-
ities and Procedures) must occur prior to taking action regarding its
request for funding under this subchapter and must be documented in
its application for funding.
(d) The designated political subdivision shall provide notice
that an application for funding is being submitted in accordance with
361.21 of this title (relating to General Notice Requirements).
(e) The EA may request clarification from the political subdi-
vision, if necessary, to evaluate the application. Incomplete applica-
tions may be rejected and returned to the applicant.
(f) The applications will be evaluated on the following criteria:
(1) degree to which proposed flood planning does not du-
plicate previous or ongoing flood or water planning;
(2) application organization, responsiveness, and reason-
ableness of budget;
(3) scope of work;
(4) eligibility of tasks for funding under this subchapter;
(5) the relative need of the political subdivision for the
funding based upon an assessment of the necessary scope of work,
amount of work, and cost to develop the regional flood plan as com-
pared to statewide needs for development of all regional flood plans;
(6) the degree to which the scope of work associated with
the funding and to be performed by the RFPG will address the flood
risks in the FPR; and
(7) Conformance with the requirements in the Board re-
quest for applications including other information as may be required
in the application.
361. 71. Board Consideration of Applications, Applicant's Respon-
sibilities, and Contract.
(a) The EA will provide a summary of regional flood planning
funding applications with recommendations for approval to the Board
for consideration at a regularly scheduled public meeting of the Board.The EA shall notify the applicants and other persons who have provided
comments of the time and place of such meeting.
(b) The Board may approve, deny, amend, or continue con-
sideration of an application. If the Board approves an application for
funding, the eligible applicant will be notified of the amount of funds
available and the deadline for executing a contract with the Board. If
the applicant does not enter into a contract by the specified deadline,
then the Board's approval expires and no funds will be provided. The
applicant may request an extension of time for good cause shown prior
to the contract execution deadline.
(c) The eligible applicant must demonstrate the availability of
matching funds when applicable. However, the Board may in its dis-
cretion award up to 100% of the necessary and direct costs of the de-
velopment or revision of a plan.
(d) the contracts and sub-contracts for regional flood planning
funds shall include:
(1) a detailed statement of the purpose for which the money
is to be used;
(2) a scope of work;
(3) the total amount of money to be paid under the contract
and, as determined by the EA, subdivided into budget tasks;
(4) the time for completion; and
(5) any other terms and conditions required by the EA or
agreed to by the contracting parties.
361.72. Use of Funds.
(a) Limitations of funding. The Board has sole discretion in
determining which activities are necessary for the development or re-
vision of RFPs. However, no funds provided by the Board may be
expended by RFPGs for the following:
(1) activities for which the Board determines existing in-
formation, data, or analyses are sufficient for the planning effort in-
cluding but not limited to:
(A) model development, modeling, or collection of data
describing flood hazard exposure or flood risks where information for
evaluation of flood hazard exposure or flood risks is currently available
from other sources or that will be made available by TWDB or others
in sufficient time to be utilized by the RFPG in development of their
RFP;
(B) detailed technical evaluations of FMEs or FMSs or
FMPs, including regarding feasibility, cost, or impacts, where recent,
sufficient information for planning is available, including from the
Board or other entity, to evaluate the FMEs or FMSs or FMPs;
(C) evaluations of topics not directly related to the re-
gional flood planning contract scope of work or related flood planning
rules for development of regional flood plans; and
(D) revision of the Board-adopted state population pro-
jections;
(2) activities directly related to the preparation of applica-
tions for state or federal permits or other approvals, activities associ-
ated with administrative or legal proceedings by regulatory agencies,
and preparation of engineering plans and specifications;
(3) costs associated with administration of the plan's devel-
opment by the political subdivision sponsor or RFPG members, includ-
ing but not limited to:
(A) compensation for the time or expenses of RFPGs
members' service on or for the RFPG;44 TexReg 7844 December 20, 2019 Texas Register
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Texas. Secretary of State. Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019, periodical, December 20, 2019; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1221934/m1/66/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.