Current through Reg. 49, No. 38; September 20, 2024
(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 a 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 a 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. A 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.
