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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 15COASTAL AREA PLANNING
SUBCHAPTER BCOASTAL EROSION PLANNING AND RESPONSE
RULE §15.41Evaluation Process for Coastal Erosion Studies and Projects

      (vii) whether funding the project will contribute to balance in the geographic distribution of benefits for coastal erosion response projects in Texas or have received funding from the Account; and

      (viii) the cost of the project in relation to the amount of money available in the Account.

    (D) Based on the evaluation of the Applications and availability of funding, the GLO will designate projects as either priority projects or alternate projects.

      (i) If, as a result of the evaluation process, the GLO designates a potential project as an alternate project, the potential project partner will be notified in writing. The GLO will retain the Application and may reevaluate it if future conditions warrant funding the project in the current state fiscal biennium. The Application must be resubmitted by the potential project partner for consideration for funding in a subsequent state fiscal biennium.

      (ii) If the GLO's evaluation results in a designation of a project as a priority project, the GLO will enter into a project cooperation agreement with the qualified project partner.

    (E) A project cooperation agreement must explicitly define all activities and responsibilities for undertaking a priority project between the GLO and a qualified project partner as set out in§15.42 of this chapter (relating to Funding Projects From the Coastal Erosion Response Account).

  (3) As appropriate, the GLO may request the applicant to work cooperatively or participate in a further review to identify and select a preferred erosion response solution to address any erosion problem(s) identified in the Application. The preferred erosion response solution may be determined by the GLO through the evaluation of an alternatives analysis and feasibility study, which may include modeling and consideration of long-term results of various methods of design. Based on this evaluation, the GLO will select the best erosion response solution to accomplish the goals in the Application.

    (A) Projects will be evaluated by the GLO on whether the potential or qualified project partner has already made or received a binding commitment to fund all or a portion of a given project and whether the feasibility and cost-effectiveness of the preferred erosion response solution is meeting the objectives stated in the Application.

    (B) The GLO may, at its sole discretion, fund studies or activities that evaluate erosion, identify preferred erosion response solutions, or fund projects that investigate methods to help identify and enhance community resiliency strategies.

    (C) The GLO will determine whether a qualified project partner should receive funds from the Account based on the final prioritization of a preferred erosion response solution according to the considerations detailed in subparagraph (A) of this paragraph.

    (D) Each state fiscal biennium the GLO may determine that at least one project designated as a priority project may be undertaken by the GLO without requiring a qualified project partner to provide a portion of the shared project cost as provided in Texas Natural Resources Code, §33.603(f). In addition to the considerations detailed in subparagraphs (A) and (C) of this paragraph, the GLO may consider the following factors in determining whether to fund erosion response projects without a cost share requirement:

      (i) whether the total cost of the projects that are approved under this section exceeds one-half of the total amount appropriated to the GLO for coastal erosion planning and response for the state fiscal biennium in which funding is sought;

      (ii) the relative amount of funding available to the qualified project partner from sources other than the Account; and

      (iii) the potential impact of the projects on coastal erosion in relation to the total estimated cost of the projects.

(b) The GLO may use the criteria set forth in this section to select a project for funding that will address an emergency situation. The GLO may accept an emergency project Application at any time during the state fiscal biennium. The Application must describe the area that is immediately threatened or impacted by erosion and how the emergency erosion project will address or resolve the identified erosion problem.


Source Note: The provisions of this §15.41 adopted to be effective June 12, 2019, 44 TexReg 2843

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