Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,603
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No comments were received regarding the proposed amend-
ments.
SUBCHAPTER A. GENERAL PROGRAM
REQUIREMENTS
31 TAC 371.1
STATUTORY AUTHORITY
The amendments are adopted under the authority of Texas Wa-
ter Code, 6.101, which provides the TWDB with the authority to
adopt rules necessary to carry out the powers and duties in the
Texas Water Code and other laws of the State, and also under
the authority of Texas Water Code, 15.6041.
This rulemaking affects Texas Water Code, Chapter 15.
371.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
Words defined in Chapter 15 of the Texas Water Code and not defined
here shall have the meanings provided by Chapter 15.
(1) Act--The Federal Safe Drinking Water Act, 42 U.S.C.
300f et seq.
(2) Applicant--The entity applying for financial assistance
from the DWSRF including the entity that receives the financial assis-
tance, and the entity that owns the project funded under this chapter, or
an entity authorized to act on behalf of the Applicant.
(3) Application--The forms provided by the executive ad-
ministrator that must be completed for consideration for financial as-
sistance from the DWSRF.
(4) Authorized representative--The signatory agent of the
Applicant authorized and directed by the Applicant's governing body
to file the application and to sign documents relating to the project, on
behalf of the Applicant.
(5) Board--The Texas Water Development Board.
(6) Bonds--All bonds, notes, certificates of obligation, and
book-entry obligations authorized to be issued by any political subdi-
vision.
(7) Bypass--The selection of a project for funding indepen-
dent of ranking based on factors delineated in the applicable IUP.
(8) Capitalization grant--The federal grant funds awarded
annually by the EPA to the State for capitalization of the DWSRF.
(9) Certification of Trust--An instrument executed by a
home-rule municipality pursuant to Chapter 104, Local Government
Code, governing the management of the financial assistance proceeds
in accordance with 114.086, Texas Property Code.
(10) Closing--The exchange of the Applicant's approved
debt instruments for DWSRF financial assistance.
(11) Commission--The Texas Commission on Environ-
mental Quality.
(12) Commitment--An offer by the Board to provide finan-
cial assistance to an Applicant who timely fulfills the conditions in a
Board resolution.
(13) Commitment term--The amount of time, after the
Board commitment, within which the commitment for financial
assistance must be closed.
(14) Community water system--A public water system
that:(A) serves at least 15 service connections used by year-
round residents of the area served by the system; or
(B) regularly serves at least 25 year-round residents.
(15) Consolidation--Any one of the following activities:
(A) a public water system acquiring another public wa-
ter system;
(B) a public water system providing retail service to an-
other public water system; or
(C) a public water system providing wholesale service,
which may include operation of the system, to another public water
system.
(16) Construction--The erection, acquisition, alteration, re-
modeling, rehabilitation, improvement, extension or other man-made
change necessary for an eligible project or activity.
(17) Construction account--A separate account created and
maintained for the deposit of financial assistance and utilized by the
Applicant to pay eligible expenses for the project.
(18) Contaminant--Any physical, chemical, biological, or
radiological substance present in water.
(19) Contract documents--The engineering documentation
relating to the project including engineering drawings, maps, techni-
cal specifications, design reports, instructions and other contract con-
ditions and forms that are in sufficient detail to allow contractors to bid
on the work.
(20) Corporation--A nonprofit water supply corporation
created and operating under Chapter 67 of the Texas Water Code.
(21) Davis-Bacon Act--The federal statute at 40 U.S.C.
3 141 et seq. and in conformance with the U.S. Department of Labor
regulations at 29 CFR Part 5 (Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction)
and 29 CFR Part 3 (Contractors and Subcontractors on Public Work
Financed in Whole or in Part by Loans or Grants from the United
States).
(22) Debt--All bonds or other documents issued or to be
issued by any political subdivision or eligible Applicant pledging re-
payment of the Board's financial assistance.
(23) Design--The project phase during which the Applicant
prepares the project design documents including design surveys, plans,
working drawings, specifications, and any procedures and protocols to
be used during the construction of the project.
(24) Disadvantaged community--The service area or por-
tion of a service area that has an adjusted median household income
that is no more than 75% of the State median household income for
the most recent year for which statistics are available; and if the ser-
vice area is only charged for one type of service, water or sewer with
a household cost factor for water or sewer rates that is greater than or
equal to one percent; or if the service area is charged for both water
and sewer services with a combined household cost factor for water
and sewer rates that is greater than or equal to two percent. The Board
may provide financial assistance to an entity that cannot otherwise af-
ford financial assistance under the DWSRF based on considerations
other than household cost factors if such considerations clearly war-
rant financial assistance.
(25) Disaster--The occurrence or imminent threat of wide-
spread or severe damage, injury, or loss of life or property resulting
from any natural or man-made cause, including fire, flood, earthquake,
wind, storm, wave action, oil spill or other water contamination, vol-ADOPTED RULES July 27, 2012 37 TexReg 5603
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/83/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.