| (31) Escrow agent--Any of the following:
(A) a state or national bank designated by the comptroller
as a state depository institution in accordance with Texas Government
Code, Chapter 404, Subchapter C;
(B) a custodian of collateral in accordance with the
Texas Government Code, Chapter 404, Subchapter D; or
(C) a municipal official responsible for managing the
fiscal affairs of a home-rule municipality in accordance with Local
Government Code, Chapter 104.
(32) Estuary management plan--A plan for the conservation
and management of an estuary of national significance as described
in 33 U.S.C. §1330.
(33) Estuary management project--A project to develop
or implement an estuary management plan.
(34) Executive administrator--The executive administrator
of the Board or a designated representative.
(35) Expiration date--The date on which the Board's
offer of financial assistance is no longer open or valid and by which
a Closing must occur.
(36) Financial assistance--Funding made available to
eligible Applicants, as authorized in 33 U.S.C. §1383(d), including
principal forgiveness.
(37) Fiscal sustainability plan--At a minimum, it includes:
(A) an inventory of critical assets that are part of
the treatment works;
(B) an evaluation of the condition and performance
of inventoried assets or asset groupings;
(C) a certification that the assistance recipient has
evaluated and will be implementing water and energy conservation efforts
as part of the plan; and
(D) a plan for maintaining, repairing, and, as necessary,
replacing the treatment works and a plan for funding such activities.
(38) Force majeure--Acts of god, strikes, lockouts,
or other industrial disturbances, acts of the public enemy, war, blockades,
insurrections, riots, epidemics, landslides, lightning, earthquakes,
fires, storms, floods, washouts, droughts, tornadoes, hurricanes,
arrests and restraints of government and people, explosions, breakage
or damage to machinery, pipelines or canals, and any other inabilities
of either party, whether similar to those enumerated or otherwise,
and not within the control of the party claiming such inability, which
by the exercise of due diligence and care such party could not have
avoided.
(39) Green project--A project or components of a project
that, when implemented, will result in energy efficiency, water efficiency,
green infrastructure, or environmental innovation and that are characterized
as green projects either categorically or by utilizing a business
case as approved by the executive administrator.
(40) Green project reserve--A federal directive requiring
a specified portion of the capitalization grant to finance green projects.
(41) Initial Invited Project List--That portion of
the Project Priority List listing the eligible projects, ranked according
to their rating, that will initially be invited to submit applications
in accordance with procedures and deadlines as detailed in the applicable
Intended Use Plan.
(42) Intended Use Plan (IUP)--A document prepared annually
by the Board, after public review and comment, which identifies the
intended uses of all CWSRF program funds and describes how those uses
support the overall goals of the CWSRF.
(43) Lending rate--The rate of interest applicable
to financial assistance that must be repaid.
(44) Market interest rate--Interest rates comparable
to those attained for securities in an open market offering.
(45) Municipality--A city, town, borough, county, parish,
district, association, or other public body created by or pursuant
to state law, or an Indian tribe or an authorized Indian tribal organization,
or a designated and approved management agency under 33 U.S.C. §1288.
(46) Non-equivalency projects--All projects other than
Equivalency projects.
(47) Nonpoint source pollution plan--A plan for managing
nonpoint source pollution as described in 33 U.S.C. §1329. Nonpoint
source pollution is any source of water pollution that does not enter
water from a point source and includes pollution generally resulting
from land runoff, precipitation, atmospheric deposition, drainage,
seepage, or hydrologic modification.
(48) Nonpoint source pollution project--A project implemented
pursuant to a nonpoint source pollution plan.
(49) Outlay report--The Board's form used to report
costs incurred on the project.
(50) Permit--Any permit, license, registration, or
other legal document required from any local, regional, state, or
federal government for construction of the project.
(51) Person--An individual, corporation, partnership,
association, State, municipality, commission, or political subdivision
of the State, or any interstate body.
(52) Planning--The project phase during which the Applicant
identifies and evaluates potential alternatives to meet the needs
of the proposed project. It includes the cost and effectiveness analysis
and environmental review described in Subchapter E of this chapter
and preparation of the engineering feasibility report described in
Subchapter F of this chapter.
(53) Point source--Any discernible, confined, and discrete
conveyance, including but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged. This term does
not include agricultural stormwater discharges and return flows from
irrigated agriculture.
(54) Political subdivision--A municipality, intermunicipal,
interstate, or state agency, or any other public entity eligible for
assistance under Texas Water Code Chapter 16, Subchapter J, or a nonprofit
water supply corporation created and operating under Texas Water Code
Chapter 67, if such entity is eligible for financial assistance under
federal law.
(55) Population--The number of people who reside within
the territorial boundaries of or receive wholesale or retail wastewater
service from the Applicant based upon data that is acceptable to the
executive administrator and which includes the following:
(A) acceptable demographic projections or other information
in the engineering feasibility report or the latest official data
from the U.S. Census Bureau for an incorporated city; or
(B) information on the population for which the project
is designed, where the Applicant is not an incorporated city or town.
(56) Principal forgiveness--A type of additional subsidization
authorized by 33 U.S.C. §1383(i) or federal appropriations acts,
as detailed in the Intended Use Plan and principal forgiveness agreement
or bond transcript applicable to the project.
(57) Private Placement Memorandum (PPM)--A document
functionally similar to an "official statement" used in connection
with an offering of municipal securities in a private placement.
(58) Project--The planning, acquisition, environmental
review, design, construction, and other activities designed to accomplish
the objectives, goals, and policies of the Act by providing assistance
for projects and activities identified in 33 U.S.C. §1383(c),
which may include those projects eligible for funding under §375.2
of this title.
(59) Project engineer--The engineer retained by the
Applicant to provide professional engineering services during any
phase of a project.
(60) Project information form (PIF)--The form that
the executive administrator determines must be submitted by Applicants
for rating and ranking in an IUP.
(61) Project Priority List--A listing, found in the
IUP, of projects eligible for funding, ranked according to their rating
criteria score and that may be further prioritized as described in
the applicable IUP.
(62) Ready to proceed--A project for which available
information indicates that there are no significant permitting, land
acquisition, social, contractual, environmental, engineering, or financial
issues that would keep the project from proceeding in a timely manner
to the construction phase of a project.
(63) Release of funds--The sequence and timing for
Applicant's release of financial assistance funds from the escrow
account to the construction account.
(64) Small and Medium-Sized Publicly Owned Treatment
Works--A Publicly Owned Treatment Work with a design flow equal to
or less than 5 million gallons per day.
(65) Small systems--Those systems that serve a population
of not more than ten thousand individuals.
(66) State--The State of Texas.
(67) Subsidy--A reduction in the interest rate from
the market interest rate.
Cont'd... |
