Texas Administrative Code

Texas Administrative Code

TITLE 31	NATURAL RESOURCES AND CONSERVATION
PART 10	TEXAS WATER DEVELOPMENT BOARD
CHAPTER 363	FINANCIAL ASSISTANCE PROGRAMS
SUBCHAPTER J	STATE PARTICIPATION PROGRAM
RULE §363.1008	Determination

(a) Except as provided by subsection (b), the board may provide funding from the State Participation Account when the information available to the board is sufficient for the board to determine that:

(1) it is reasonable to expect that the state will recover its investment in the facility based upon a determination that the revenue to be generated by the projected number of customers served by the facility will be sufficient to purchase the excess capacity owned by the state;

(2) the estimated cost of the facility as set forth in the application exceeds the current financing capabilities of the area to be served by the facility based on a determination that the existing rates of the applicant available for payment of the facility collected from the number of connections at the end of construction and other revenues available for payment of the facility;

(3) the optimum regional development cannot be reasonably financed by local interests based on a determination that the estimated cost to construct the alternate facility and the revenue to be generated by the projected number of customers of the facility;

(4) the public interest will be served by acquisition of the facility based on a determination that the cost of the facility to the public are reduced by the state's participation in the facility; and

(5) the facility to be constructed or reconstructed contemplates the optimum regional or interregional development which is reasonably required under all existing circumstances of the site based on a determination that design capacity of the components of the facility are sufficient to meet the foreseeable needs of the area over the useful life of the facility.

(b) The board may provide funding from the State Participation Account II when the information available to the board is sufficient for the board to determine that:

(1) it is reasonable to expect that the state will recover its investment in the facility;

(2) the public interest will be served by the acquisition of the facility based on a determination that the cost of the facility to the public are reduced by the state's participation in the facility; and

(3) the project is a recommended water strategy in the most recent state water plan.

Source Note: The provisions of this §363.1008 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective February 9, 2023, 48 TexReg 520