| (a) The funds available for projects eligible for financial
assistance from the Economically Distressed Areas Program Account
under this subchapter shall be determined by the board.
(b) The board may provide financial assistance from
the Economically Distressed Areas Program Account in the amount and
manner provided in §363.508 of this title (relating to Calculation
of Financial Assistance) for costs necessary to provide water or sewer
services for the activities as defined in Texas Water Code §17.001(8),
including:
(1) preliminary planning, including contingencies as
determined by the board, to determine the feasibility of a water supply
project or wastewater treatment works;
(2) engineering, architectural, legal, title, fiscal,
or economic investigations or studies, surveys, designs, plans, working
drawings, specifications, procedures, or other necessary actions;
(3) the expense of any acquisition, condemnation or
other legal proceedings associated with real property acquisitions;
(4) construction including erecting, building, acquiring,
altering, remodeling, improving, acquiring or extending a water supply
project or water services, treatment works or sewer services or facilities;
(5) asset management planning; and
(6) the inspection or supervision of any of the items
listed herein.
(c) A full application for construction funding only
shall include all the requirements in §363.505 of this title
(relating to Required Information for Full Applications) as well as
a facility plan that includes all of the facility engineering data,
studies, and analysis and any other relevant data or information as
may be requested by the board or the executive administrator.
(d) The grant agreement may contain provisions for
the board to retain a minimum of 5% of the progress payments otherwise
due to the applicant until the funded deliverable, as defined in the
grant agreement, is substantially complete and is authorized by the
executive administrator.
(e) The board shall set the terms of the financial
assistance provided under subsection (b) of this section, and such
terms may be extended at the sole discretion of the board.
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