SECTION 355.73. Scope of Facility Plan

(a) A facility plan shall incorporate appropriate data from applicable existing planning reports and shall consist of:

(1) an analysis and explanation of the problems and needs within the economically distressed area and the total project area including:

(A) existing and projected population;

(B) existing water and wastewater facilities;

(C) existing and projected water supply and water demand;

(D) wastewater characterization;

(E) infiltration inflow analysis, if applicable;

(F) ability of the dwellings to utilize future water and wastewater facilities;

(G) adjusted median household income is calculated as the annual median household income identified in the most recent U.S. Census from the closest applicable census tract multiplied by the current Texas Consumer Price Index divided by the most recent decennial Texas Consumer Price Index; and

(H) if the applicant demonstrates to the satisfaction of the executive administrator that census data for the particular area is inadequate or unavailable to calculate the adjusted median household income, the adjusted median income may also be calculated using data from a survey approved by the executive administrator of a statistically acceptable sampling of customers in the service area completed within the last 12 months;

(2) the identification, selection, and evaluation of alternatives, including preparation of a cost-effectiveness analysis of the alternatives for providing adequate water and wastewater facilities. For wastewater, alternatives include septic tanks and other on-site systems; regional and nonregional systems; conventional treatment technologies; nonconventional treatment technologies, such as rock reed, root zone, ponding, irrigation, or other technologies that may have been developed by NASA and the Tennessee Valley Authority; and revenue generating alternatives. The alternative evaluation will also consider facilities which will allow for greatest utilization of local labor during facility construction, operation, and maintenance;

(3) environmental data and analysis in accordance with §363.14 of this title (relating to Environmental Assessment), or §375.214 of this title (relating to Required Environmental Review and Determination) as determined by the executive administrator to be applicable to potential funding;

(4) a water conservation and drought contingency plan for the applicant and an explanation of how water conservation will be incorporated into the provision of adequate water and wastewater facilities both to and in dwellings in the economically distressed area;

(5) documentation of public consent for the construction of water and wastewater facilities to serve the economically distressed area;

(6) documentation that the area to be served by the project was an established residential subdivision pursuant to the criteria identified in §363.503(4) of this title (relating to Determination of Economically Distressed Area), and number of dwellings to be served by the project within the facility planning area and the economically distressed area;

(7) a description of the proposed facilities, including an identification of any existing facilities to be acquired, replaced, enlarged, or improved;

(8) preliminary engineering design data;

(9) detailed construction cost estimates for each segment of construction, estimates of the operation and maintenance costs for the recommended facilities, and a separate calculation of both construction and operation and maintenance costs on a per dwelling basis. Separate costs for the dwelling rehabilitation needed to allow use of the water and wastewater facilities shall also be provided;

(10) estimated water usage and wastewater flows for the project area after completion of the project together with an explanation of the basis of the estimation;

(11) percentage of total existing utility water and/or wastewater system capacity that will be used to serve the colonia;

(12) percentage of proposed water and wastewater capacity that will serve economically distressed areas and non-economically distressed areas;

(13) the historical cost to the utility to build the system capacity, by source of funds;

(14) a detailed implementation schedule for designing, permitting, financing, and constructing the facilities, and for any other major milestones. If the project is to be phased, major milestones, costs, and descriptions for each component and segment of the project shall be provided;

(15) details or drafts of any proposed interlocal agreement or other agreements or contracts needed to implement the project;

(16) a determination of the amount of funds available from federal, state, local, and private organizations for plans and specifications, project construction, operation of the recommended facilities, project management, hook-ups, facility planning, easement and land acquisition, or any other project components; and

(17) a user charge system, including the analysis of an economically distressed areas impact fee.

(b) The facility plan assistance shall include the items of work described in this subsection if approved or required by the board:

(1) an appraisal of the value of real property needed for the water and wastewater facilities. In the absence of condemnation powers, the political subdivision shall determine the availability of title, easements, and rights-of-way needed to implement the project;

(2) a determination of the availability of surface water and the right to utilize groundwater, the preparation of applications for necessary water rights permits, and the preparation of purchase contracts;

(3) the preparation of applications for necessary state and federal wastewater permits. Facility planning may not include activities associated with administrative or legal proceedings by regulatory agencies;

(4) the preparation of plans and specifications for constructing the water or wastewater facilities; and

(5) other engineering tasks approved by the executive administrator.

Source Note: The provisions of this §355.73 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 6, 1992, 17 TexReg 3001; amended to be effective August 14, 1992, 17 TexReg 5362; amended to be effective March 15, 1994, 19 TexReg 1466; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective January 2, 2007, 31 TexReg 10802