Texas Register, Volume 20, Number 4, Pages 175-260, January 13, 1995 Page: 214
175-260 p. ; 28 cm.View a full description of this periodical.
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the plan have been resolved. Annual re-
ports prepared for the commission pro-
viding the information required by this
subparagraph may be provided to the
board to fulfill the board's reporting re-
quirements. [until all of their financial ob-
ligations to the state have been discharged.]
(b) (No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 9, 1995.
TRD-9500260 Craig D. Pedersen
Executive Administrator
Texas Water Development
Board
Proposed date of adoption: February 16,
1995
For further information, please call: (512)
463-7981
Subchapter B. State Water
Pollution Control Revolving
Fund
Applications for Assistance
* 31 TAC 363.224
(Editor's note: The text of the following section
proposed for repeal will not be published. The
section may be examined in the offices of the
Teras Water Development Board or in the Texas
Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Water
Code, 6.101, which requires the board to
adopt rules to carry out the powers and duties
of the board, under the Texas Water Code,
and other laws of this state.
363.224. Hardship Applications.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 9, 1995.TRD-9500261
Craig D Pedersen
Executive Administrator
Texas Water Development
BoardProposed dale of adoption: February 16,
1995
For further information, please call: (512)
463-7981
Chapter 370. Colonia Plumbing
Loan Program
Policy Declarations
* 31 TAC 370.29
The Texas Water Development Board (board)
proposes an amendment to 370. 29, con-
cerning Eligible Households. Amended370.29 expands eligible borrowers under the
Colonia Plumbing Loan Program to include
homes all located in colonias in existence
prior to November 9, 1989. The rule as it
currently exists requires a home to have been
owned by the current owner prior to Novem-
ber 9, 1989. The proposed amendment also
limits eligibility to colonias outside incorpo-
rated municipalities or other colonias ap-
proved by the U.S. Environmental Protection
Agency. This change is consistent with the
Environmental Protection Agency's Operating
Agreement with the board for the Colonia
Plumbing Loan Program.
Pamela Ansboury, the Director of Finance,
has determined that for the first five-year
period the rule is in effect there will not be
fiscal implications for state or local govern-
ment as a result of enforcing or administering
the rule.
Ms. Ansboury also has determined that for
each year of the first five years that the pro-
posed rule is in effect the public benefit antici-
pated as a result of enforcing the rule as
proposed will be to enable more homes to be
eligible for a loan under the Colonia Plumbing
Loan Program in order to hookup to water
and wastewater services and alleviate the
public health threat. There will be no effect on
small businesses. Ms. Ansboury has deter-
mined that there will be no anticipated eco-
nomic cost to persons who are required to
comply with this amendment as proposed.
Board staff has determined that for the first
five years that the rule is in effect there will be
no economic impact on local economies.
Comments on the proposal may be submitted
within 30 days from the date of the publica-
tion hereof to Lisa Adelman, Attorney, Texas
Water Development Board, P.O. Box 13231,
Austin, Texas, 78711-3231, (512) 463-8249.
The amendment is proposed under Texas
Water Code, 6.101 and 15.737, which re-
quires the board to adopt rules to carry out
the powers and duties of the board under the
Texas Water Code including Chapter 15,
Subchapter L, relating to Plumbing and Im-
provement Loans, and other laws of this
state.
The statutory provisions affected by this
amendment are Texas Water Code, Chapter
15, Subchapter L.
370.29. Eligible Households. Borrowers
may provide loans to the following individ-
uals for plumbing improvements:
(1) residents of a colonia out-
side an unincorporated municipality or
such other colonia approved by the
United States Environmental Protection
Agency that existed on [in project areas
who are the owners of the household for
which improvements are to be made, occu-
pied their property prior to] November 9,
1989, and whose income is below the HUD
Section 8 low-to-moderate income limits for
the particular county in which the house-
hold is located; and
(2) owners of real property who
receive loans for plumbing improvementsfor real property leased to others in the
project areas, provided the owner owned the
property in a colonia outside an unincor-
porated municipality or such other
colonia approved by the United States
Environmental Protection Agency that
existed on [prior to] November 9, 1989,
agrees to rent the household unit(s) only to
persons of low-to-moderate income until the
loan is repaid in full, provides evidence of
adequate collateral and credit history, and
agrees not to displace the family currently
living in any household unit which will
receive the plumbing improvements, except
for breach of a valid contract or lease.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on January 9, 1995.TRD-9500262
Craig D. Pedersen
Executive Administrator
Texas Water Development
BoardProposed date of adoption: February 16,
1995
For further information, please call: (512)
463-7981
Chapter 375. State Water
Pollution Control Revolving
Fund
The Texas Water Development Board (board)
proposes amendments to 375. 37, concern-
ing Required Water Conservation Plan and
375.101, concerning Responsibilities of Ap-
plicant. Amended 375.37(c) will describe the
requirements of a water conservation plan to
include evaluation of the utility system, and
establishment of goals for water conservation
measures. The plan shall consist of a long-
term water conservation plan and an emer-
gency water demand management plan. The
section will specify the three essential ele-
ments of long-term water conservation plans
to be education, methods to determine and
minimize unaccounted for water, and rate
structures which do not promote excessive
use of water. Amended 375.101(c) will
change the length of time required to submit
reports on the water conservation programs
from the life of the financial assistance to
three years from the date of loan closing. If
the executive administrator determines that
the water conservation program is not in com-
pliance with the water conservation plan, ad-
ditional annual reports may be required. The
amendments will eliminate those require-
ments which do not provide a benefit to water
conservation and will ensure that all essential
requirements for efficient water conservation
are met.
Pamela Ansboury, Director of Finance, has
determined that for each year of the first five
years the sections are in effect, there will be
no fiscal implications for state government as
a result of enforcing or administering the sec-
tions. Ms. Ansboury has determined that for20 TexReg 214 January 13, 1995 Texas Register *
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Texas. Secretary of State. Texas Register, Volume 20, Number 4, Pages 175-260, January 13, 1995, periodical, January 13, 1995; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176736/m1/40/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.