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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 10TEXAS WATER DEVELOPMENT BOARD
CHAPTER 355RESEARCH AND PLANNING FUND
SUBCHAPTER CREGIONAL WATER PLANNING GRANTS
RULE §355.92Use of Funds

(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.


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

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