SECTION 363.1003. Board Participation

(a) This section does not apply to use of the State Participation Account II.

(b) Unless otherwise directed by legislation, or in accordance with subsection (c), the board will only use the State Participation Account of the Texas Water Development Fund II to provide financial assistance for all or a part of the cost to construct the excess capacity of:

(1) an eligible new water supply or water plan project where:

(A) at least 20% of the total facility capacity of the proposed project will serve existing need, or

(B) the applicant will finance at least 20% of the total project cost from sources other than the State Participation Account; and

(2) all other projects eligible for state participation where:

(A) at least 50% of the total facility capacity of the proposed project will serve existing need, or

(B) the applicant will finance at least 50% of the total project cost from sources other than the State Participation Account.

(c) The board, in its sole discretion, may waive the requirements of subsection (b) upon a showing of good cause.

Source Note: The provisions of this §363.1003 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective August 5, 2003, 28 TexReg 6026; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 9, 2023, 48 TexReg 520