Texas Register, Volume 36, Number 44, Pages 7417-7610, November 4, 2011 Page: 7,485
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
This rulemaking is proposed under the authority of Water Code
6.101, which authorizes the Board to adopt rules necessary to
carry out the powers and duties of the Board, and Water Code,
Chapter 15, Subchapter J, 15.605 relating to rules necessary
to carry out Subchapter J. This rulemaking affects Water Code,
Chapter 15, Subchapter J.
371.14. Lending Rates.
(a) (No change.)
(b) Procedure for setting fixed interest rates. The interest rates
will be determined by this section and as described in an IUP.
(1) - (2) (No change.)
(c) - (g) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 24,
2011.
TRD-201104582
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Earliest possible date of adoption: December 4, 2011
For further information, please call: (512) 463-8061
SUBCHAPTER C. INTENDED USE PLAN
31 TAC 371.21
STATUTORY AUTHORITY.
This rulemaking is proposed under the authority of Water Code
6.101, which authorizes the Board to adopt rules necessary to
carry out the powers and duties of the Board, and Water Code,
Chapter 15, Subchapter J, 15.605 relating to rules necessary
to carry out Subchapter J. This rulemaking affects Water Code,
Chapter 15, Subchapter J.
3 71.21. Rating Process.
(a) (No change.)
(b) Projects will be rated based on the following factors:
(1) - (2) (No change.)
(3) Emergency relief. Projects which are affected by events
of natural disaster.
(A) The Applicant must demonstrate that a need for
emergency relief from an imminent threat to public health, safety,
environment, or welfare exists. The applicant must describe the nature
of the threat and provide a complete description of the proposed
emergency relief project as defined in 371.40 of this title (relating to
Definitions).
(B) The Board may authorize funding for the emer-
gency relief project as detailed in 371.51 of this title (relating to
Emergency Relief Project Procedures) or as described in an IUP.
(4) (No change.)
(c) - (f) (No change.)This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 24,
2011.
TRD-201104583
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Earliest possible date of adoption: December 4, 2011
For further information, please call: (512) 463-8061
SUBCHAPTER E. ENVIRONMENTAL
REVIEWS AND DETERMINATIONS
31 TAC 371.40 - 371.42, 371.50, 371.51
STATUTORY AUTHORITY.
This rulemaking is proposed under the authority of Water Code
6.101, which authorizes the Board to adopt rules necessary to
carry out the powers and duties of the Board, and Water Code,
Chapter 15, Subchapter J, 15.605 relating to rules necessary
to carry out Subchapter J. This rulemaking affects Water Code,
Chapter 15, Subchapter J.
371.40. Definitions.
Unless specifically defined differently within this subchapter, the fol-
lowing terms and acronyms, used in this subchapter, mean:
(1) - (6) (No change.)
(7) Emergency Relief Project--Infrastructure construction
project which provides relief to an entity experiencing an emergency
condition or incident that causes an imminent peril to public health,
safety, environment, or welfare, such as:
(A) the failure or destruction of public water supply
pipelines, transmission or distribution systems;
(B) the threat of or actual contamination of a public wa-
ter supply;
(C) sustained or permanent service disruption of a
source water or water treatment system;
(D) the reduction of public water supplies to critical lev-
els by drought or other natural cause(s); or
(E) any other emergency condition as described in an
IUP.
371.41. Environmental Review Process.
(a) Policy and purpose. This subchapter governs the environ-
mental review of projects funded in whole or in part by the DWSRF.
Environmental review of all proposed infrastructure projects is a con-
dition of the use of federal DWSRF funds. This subchapter follows the
procedures established by EPA for implementing the NEPA set forth
at 40 CFR Part 6. The environmental review process described in this
subchapter applies to the maximum extent legally and practicably feasi-
ble. However, the environmental review process may be modified due
to an emergency condition as described in 371.40(7) of this title (re-
lating to Definitions). The environmental review must be completed
prior to the release of federal funds for design and construction andPROPOSED RULES November 4, 2011 36 TexReg 7485
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/67/: accessed May 11, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.