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
Section 363.1008 - Determination
Universal Citation: 31 TX Admin Code § 363.1008
Current through Reg. 49, No. 52; December 27, 2024
(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.
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