(a) Limitations of Funding. The Board has sole discretion
in determining which activities are necessary for the development
or revision of regional water plans. However, no funds will be provided
for the following:
(1) activities for which the Board determines existing
information or data is sufficient for the planning effort including:
(A) detailed evaluations of cost of water management
strategies where recent information for planning is available to evaluate
the cost associated with the strategy;
(B) evaluations of groundwater resources for which
a desired future condition has been submitted to the Board pursuant
to Texas Water Code §36.108(d) (relating to Joint Planning in
a Management Area);
(C) evaluations of groundwater resources for which
current information is available from the Board or other entity sufficient
for evaluation of the resource;
(D) determination of water savings resulting from standard
conservation practices for which current information is available
from the Board;
(E) revision of the adopted state population and demand
projections;
(F) revision of state environmental planning criteria
for new surface water supply projects; and
(G) collection of data describing groundwater or surface
water resources where information for evaluation of the resource is
currently available;
(2) activities directly related to the preparation
of applications for state or federal permits or other approvals, activities
associated with administrative or legal proceedings by regulatory
agencies, and preparation of engineering plans and specifications;
(3) activities related to planning for individual system
facility needs other than identification of those facilities necessary
to transport water from the source of supply to a regional water treatment
plant or to a local distribution system;
(4) analyses of benefits and costs of water management
strategies are not eligible for funding, unless the EA, at his or
her discretion, has deemed an analysis necessary and appropriate or
specifically authorizes reimbursement. In determining whether to authorize
reimbursement for a cost benefit analysis for a water management strategy,
the EA will consider:
(A) whether the water management strategy requires
a state or federal permit and the RWPG has completed the analysis
required by §357.34 of this title (relating to Identification
and Evaluation of Potentially Feasible Water Management Strategies);
(B) whether these analyses are needed to determine
the selection of the water management strategy;
(C) whether the analysis is for strategies that serve
the same demand, but the costs and benefits differ significantly among
the strategies; and
(D) the overarching benefits to the state when determining
whether to provide such funding.
(b) Costs associated with participation on an RWPG
and certain administrative activities by the RWPG's Political Subdivision
and RWPG members are not eligible for funding. Ineligible costs include,
but are not limited to:
(1) compensation for the time or expenses of RWPGs
members' service on or for the RWPG, including attendance at RWPG
meetings and hearings;
(2) costs for training;
(3) costs associated with the development of an application
for a regional water planning grant;
(4) costs of reviewing products developed due to this
grant; and
(5) costs of administering the regional water planning
grant and associated contracts.
(c) Funding Administrative Costs. The following administrative
costs are eligible for funding as specifically limited by the expense
budget included in the regional water planning grant contract between
the TWDB and the RWPG's political subdivision and if the RWPG or its
chairperson certifies, during a public meeting, that the expenses
are eligible for reimbursement and are correct and necessary:
(1) travel expenses, as authorized by the General Appropriations
Act, are available only for attendance at a posted meeting of the
RWPG, unless the travel is specifically authorized by the RWPG and
EA;
(2) costs associated with providing translators and
accommodations for persons with disabilities for public meetings when
required by law or deemed necessary by the RWPGs and certified by
the chairperson;
(3) direct costs, not including personnel costs, for
providing copies of information for the public and for members of
the RWPGs as needed for the efficient performance of planning work;
(4) direct costs, not including personnel costs, of
public notice postings including maintaining a website and for postage
for mailing notices of public meetings and hearings, including in
newspapers pursuant to Chapter 357 of this title (relating to Regional
Water Planning); and
(5) the RWPG's political subdivision's personnel costs,
for the staff hours that are directly spent providing, preparing for,
and posting public notice for RWPG meetings and hearings, including
time and direct expenses for their support of and attendance at such
RWPG meetings and hearings.
(d) Subcontracting. An RWPG through the political subdivision's
contractor or subcontractor may obtain professional services, including
the services of a planner, land surveyor, licensed engineer, or attorney,
for development or revision of a regional water plan only if such
services are procured on the basis of demonstrated competence and
qualifications through a request for qualifications process in accordance
with Texas Government Code, Chapter 2254.
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Source Note: The provisions of this §355.92 adopted to be effective August 12, 2012, 37 TexReg 5795; amended to be effective April 11, 2018, 43 TexReg 2156; amended to be effective May 27, 2021, 46 TexReg 3296 |