Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,615
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(b) Reimbursement method of accessing funds. DWSRF fi-
nancial assistance is available for disbursement under a reimburse-
ment method unless the executive administrator approves the deposit of
funds into an escrow account at the closing of the financial assistance,
as appropriate. The executive administrator shall reimburse the Appli-
cants' expenditures upon the receipt of an outlay report supported by
detailed invoices of expenditures or the executive administrator may
issue a written authorization for the release of funds from an escrow
account based on the receipt of outlay reports supported by detailed in-
voices of expenditures. The outlays and the releases from an escrow
account shall be consistent with the approved project schedule.
(c) Sequence of availability of funds. Financial assistance
shall be available for disbursement in the following sequence:
(1) for planning and permitting costs, after receipt of exe-
cuted contracts for the planning or permitting phase, and after approval
of a water conservation plan;
(2) for design costs, after receipt of executed contracts for
design, after approval of an engineering feasibility report and after the
Board's approval of the environmental review; and
(3) for construction costs, after issuance of any applicable
permits, after contract documents, including plans and specifications
are approved and executed construction documents are contingently
awarded.
(d) Outlay reports. Applicants shall submit outlay reports sup-
ported by detailed invoices for incurred costs as the project progresses
in accordance with the project schedule. Applicants shall submit out-
lay reports, in a form determined by the executive administrator, as
follows:
(1) for financial assistance for planning, acquisition and de-
sign, quarterly; and
(2) for financial assistance for construction, monthly.
(e) Environmental affirmation. Prior to the executive admin-
istrator's approval of the release of financial assistance for design, ac-
quisition, and construction or for a pre-design funding option project,
the executive administrator shall summarize the project's environmen-
tal review and inform the Board of any environmentally related miti-
gation measures recommended for the project. The Board may elect to
affirm or alter the conditions of the original commitment or withdraw
the commitment to the Applicant based upon the environmental review
and mitigation measures. The executive administrator may withhold or
limit the release of financial assistance pending satisfactory completion
of the project's environmental review.
(f) Consistency for project schedules and outlays. The execu-
tive administrator shall require that projects proceed in accordance with
approved project schedules as closely as possible, and that outlays are
submitted as required in subsection (d) of this section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on July 10, 2012.
TRD-201203550
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Effective date: July 30, 2012
Proposal publication date: June 1, 2012
For further information, please call: (512) 463-8061SUBCHAPTER H. CONSTRUCTION AND
POST-CONSTRUCTION REQUIREMENTS
31 TAC 371.81, 371.83, 371.85, 371.88, 371.89
STATUTORY AUTHORITY
The amendments are adopted under the authority of Water Code
6.101, which provides the TWDB with the authority to adopt
rules necessary to carry out the powers and duties in the Water
Code and other laws of the State, and also under the authority
of Water Code 15.6041.
This rulemaking affects Water Code, Chapter 15.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on July 10, 2012.
TRD-201203551
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Effective date: July 30, 2012
Proposal publication date: June 1, 2012
For further information, please call: (512) 463-8061
CHAPTER 375. CLEAN WATER STATE
REVOLVING FUND
The Texas Water Development Board (TWDB) adopts amend-
ments to 31 TAC Chapter 375, concerning the Clean Water
State Revolving Fund. Specifically, the TWDB adopts amend-
ments to 375.1, concerning Definitions; 375.2, concerning
Entities and Activities Eligible for Assistance; 375.11, concern-
ing Refinancing; 375.12, concerning Planning, Acquisition,
and Design Funding; 375.14, concerning Pre-Design Fund-
ing; 375.15, concerning Lending Rates; 375.16, concerning
Fees of Financial Assistance; 375.19, concerning Financial
Guarantees for Political Subdivision Bonds; 375.31, con-
cerning Rating Process; 375.32, concerning Public Notice;
375.33, concerning Criteria and Methods for Distribution of
Funds; 375.40, concerning Pre-application Conferences;
375.41, concerning Timeliness of Application and Required
Application Information; 375.44, concerning Board Approval
of Funding; 375.50, concerning Definitions for State Funded
Projects; 375.55, concerning Environmental Determinations
Affected by Proposed Project Alterations; 375.56, concern-
ing Use of Environmental Determinations Prepared by Other
Entities; 375.60, concerning Definitions for Federally Funded
Projects; 375.61, concerning Environmental Review Process;
375.66, concerning Types of Environmental Determinations:
Record of Decision; 375.67, concerning Environmental Im-
pact Statements; 375.68, concerning Environmental Impact
Statement: Applicant Requirements; 375.80, concerning
Applicability; 375.81, concerning Engineering Feasibility Re-
port; 375.82, concerning Contract Documents: Review and
Approval; 375.83, concerning Advertising and Awarding Con-
struction Contracts; 375.90, concerning Applicability; 375.91,
concerning Loans Secured by Bonds or Other Authorized Se-
curities; 375.92, concerning Disbursement of Funds; 375.93,ADOPTED RULES July 27, 2012 37 TexReg 5615
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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/m1/95/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.