SECTION 15.41. Evaluation Process for Coastal Erosion Studies and Projects

(a) The General Land Office (GLO) will conduct an evaluation of potential coastal erosion studies and projects to designate funding for qualifying projects from the coastal erosion response account (Account). The evaluation process will consist of a review by the GLO of Coastal Resources Funding Application (Applications) to identify priority projects for funding. Throughout the evaluation process, the goal of the GLO is to work cooperatively with qualified project partners to identify and select preferred erosion response solutions to address erosion problems identified in the Applications.

(1) For purposes of this section, erosion is presumed if:

(A) a portion of the Gulf of Mexico (Gulf) shoreline is experiencing a historical erosion rate of greater than two feet per year based on the published data of the University of Texas at Austin Bureau of Economic Geology;

(B) a portion of the bay area is experiencing documented erosion;

(C) a portion of the gulf shoreline or bay area has been the subject of an erosion response project and it has been determined that maintenance is required; or

(D) a portion of the gulf shoreline or bay area has been impacted by a storm event and remediation is required to reestablish the preexisting conditions of the site.

(2) To be considered for funding under the Account, a potential project partner must submit an Application to the GLO by the GLO’s established submission deadline.

(A) The submitted Application must include the following information to be considered complete:

(i) the name of the entity that will be the potential project partner and the name, mailing address, email address, and telephone number of the person who will represent the potential project partner and be the primary point of contact with the GLO;

(ii) the location and geographic scope of the erosion problem;

(iii) a description of the erosion problem and the severity of erosion in the area;

(iv) a description of the project or study and how the project or study will lessen the negative economic impacts of the erosion problem;

(v) a description of how the project or study will benefit the public infrastructure, and coastal property that has been impacted or threatened by erosion;

(vi) a description of the natural resources impacted or threatened by erosion in the area;

(vii) the estimated cost to complete the project or study;

(viii) whether the project will incorporate the beneficial use of dredged materials;

(ix) whether any potential or committed sources of funding, other than from the Account, will be provided with a description of the total contribution amount and estimated percentage of the project to be funded;

(x) whether the potential project partner can make a binding funding commitment to meet the required percentage of the Account’s shared project cost necessary to receive funding from the Account;

(xi) the desired outcome or goals of the project for which funding is sought from the Account;

(xii) if available, the feasibility and cost-effectiveness of the project;

(xiii) if available, the economic impacts of erosion in the area of the project;

(xiv) identification of the project category for which funding is sought from the Account and a description of the partners proposed cost share:

(I) if the project includes a beach nourishment and associated enhancements project on a public beach or bay shore, the qualified project partner’s shared project cost, as compared to the Account’s contribution, must be at least 25 percent. Beach nourishment and associated enhancements are defined as activities that include direct placement of beach-quality sand to create or maintain a beach. It also includes associated construction or enhancements to the dune system;

(II) if the project includes a marsh restoration project, a bay shoreline protection project other than a beach nourishment and associated enhancements project, or any other coastal erosion response study or project, the qualified project partner’s shared project cost, as compared to the Account’s contribution, must be at least 40 percent;

(III) a project for removal of debris or structures, relocation of structures from the public beach, including the purchase of property located on a public beach, or the acquisition of property necessary for the construction, reconstruction, maintenance, widening, or extension of an erosion response project with a shared project cost requirement to be determined by the GLO, in accordance with subsections (b)(11) - (13) and (h) of Texas Natural Resources Code, §33.603;

(IV) a structural shoreline protection project on or landward of a public beach that utilizes innovative technologies, designed or engineered to minimize beach scour, in accordance with Texas Natural Resources Code, §33.603(b)(14); or

(V) an erosion response demonstration project in accordance with Texas Natural Resources Code, §33.603(g);

(VI) whether the project for which funding is sought from the Account is being sought without a shared project cost requirement in accordance with Texas Natural Resources Code, §33.603(f);

(xv) whether there is a permit associated with the project;

(xvi) a description of how the project is consistent with the Coastal Management Plan’s enforceable policies set out in 31 TAC §501.26(b) (relating to Policies for Construction in the Beach/Dune System), and identification of whether the project involves structural shoreline protection on or landward of a public beach; and

(xvii) whether the potential project partner seeks to manage the project or requests that the GLO manage the project.

(B) The GLO will evaluate received Applications based on the following general requirements:

(i) the feasibility and cost-effectiveness of the project;

(ii) the economic impacts of erosion in the area of the project;

(iii) the effect of the project on public property, public infrastructure, private property, or natural resource threatened by erosion;

(iv) the effect of the project on Coastal Natural Resource Areas threatened by erosion;

(v) if the project is located within the jurisdiction of a local government that administers a beach/dune plan:

(I) whether the local government is adequately administering the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and the Dune Protection Act (Texas Natural Resources Code, Chapter 63); and

(II) whether the local government has implemented an erosion response plan for reducing public expenditures due to erosion and storm damage losses established under Texas Natural Resources Code, §33.607, and §15.17 of this title (relating to Local Government Erosion Response Plans);

(vi) whether the project will provide for beneficial use of beach-quality sand dredged in constructing and maintaining navigation inlets and channels of the state;

(vii) whether the potential project partner has leveraged other sources of funding and already made or received a binding commitment to fund all or a portion of a given project;

(viii) if the project involves the construction or retrofitting of dams, jetties, groins or other structural impoundments, whether such structures will be designed with a sediment bypass system; and

(ix) if the project involves structural shoreline protection on or landward of a public beach, whether such project uses innovative technologies designed or engineered to minimize beach scour in accordance with Texas Natural Resources Code, §33.603(b)(14) and is consistent with the Coastal Management Plan’s enforceable policies set out in 31 TAC §501.26(b) of this title (relating to Policies for Construction in the Beach/Dune System).

(C) After conducting an evaluation according to the general requirements identified in subparagraph (B) of this paragraph, the GLO will further evaluate received Applications based on the following priority criteria:

(i) the relative severity of erosion in each area;

(ii) whether the project will enhance community resiliency;

(iii) the needs in other critical coastal erosion areas;

(iv) whether federal and local governmental financial participation in the project is maximized;

(v) whether financial participation by private beneficiaries of the project is maximized;

(vi) whether the project achieves efficiencies and economies of scale;

(vii) whether funding the project will contribute to balance in the geographic distribution of benefits for coastal erosion response projects in Texas or have received funding from the Account; and

(viii) the cost of the project in relation to the amount of money available in the Account.

(D) Based on the evaluation of the Applications and availability of funding, the GLO will designate projects as either priority projects or alternate projects.

(i) If, as a result of the evaluation process, the GLO designates a potential project as an alternate project, the potential project partner will be notified in writing. The GLO will retain the Application and may reevaluate it if future conditions warrant funding the project in the current state fiscal biennium. The Application must be resubmitted by the potential project partner for consideration for funding in a subsequent state fiscal biennium.

(ii) If the GLO's evaluation results in a designation of a project as a priority project, the GLO will enter into a project cooperation agreement with the qualified project partner.

(E) A project cooperation agreement must explicitly define all activities and responsibilities for undertaking a priority project between the GLO and a qualified project partner as set out in§15.42 of this chapter (relating to Funding Projects From the Coastal Erosion Response Account).

(3) As appropriate, the GLO may request the applicant to work cooperatively or participate in a further review to identify and select a preferred erosion response solution to address any erosion problem(s) identified in the Application. The preferred erosion response solution may be determined by the GLO through the evaluation of an alternatives analysis and feasibility study, which may include modeling and consideration of long-term results of various methods of design. Based on this evaluation, the GLO will select the best erosion response solution to accomplish the goals in the Application.

(A) Projects will be evaluated by the GLO on whether the potential or qualified project partner has already made or received a binding commitment to fund all or a portion of a given project and whether the feasibility and cost-effectiveness of the preferred erosion response solution is meeting the objectives stated in the Application.

(B) The GLO may, at its sole discretion, fund studies or activities that evaluate erosion, identify preferred erosion response solutions, or fund projects that investigate methods to help identify and enhance community resiliency strategies.

(C) The GLO will determine whether a qualified project partner should receive funds from the Account based on the final prioritization of a preferred erosion response solution according to the considerations detailed in subparagraph (A) of this paragraph.

(D) Each state fiscal biennium the GLO may determine that at least one project designated as a priority project may be undertaken by the GLO without requiring a qualified project partner to provide a portion of the shared project cost as provided in Texas Natural Resources Code, §33.603(f). In addition to the considerations detailed in subparagraphs (A) and (C) of this paragraph, the GLO may consider the following factors in determining whether to fund erosion response projects without a cost share requirement:

(i) whether the total cost of the projects that are approved under this section exceeds one-half of the total amount appropriated to the GLO for coastal erosion planning and response for the state fiscal biennium in which funding is sought;

(ii) the relative amount of funding available to the qualified project partner from sources other than the Account; and

(iii) the potential impact of the projects on coastal erosion in relation to the total estimated cost of the projects.

(b) The GLO may use the criteria set forth in this section to select a project for funding that will address an emergency situation. The GLO may accept an emergency project Application at any time during the state fiscal biennium. The Application must describe the area that is immediately threatened or impacted by erosion and how the emergency erosion project will address or resolve the identified erosion problem.

Source Note: The provisions of this §15.41 adopted to be effective June 12, 2019, 44 TexReg 2843