SECTION 363.1005. Approval of Engineering Feasibility Report

(a) Except for financial assistance provided through the pre-design funding option under §363.16 of this title (relating to Pre-design Funding Option), the executive administrator must approve the engineering feasibility report before the executive administrator determines that the application is complete and presents it to the board for a commitment. The executive administrator will approve the engineering feasibility report after determining that the items listed in §363.1004(10) of this title (relating to Application for Assistance) have been completed, the appropriate environmental determinations have been completed in accordance with §363.14 of this title (relating to Environmental Assessment), the project has been determined to be cost effective, and the financial assistance recipient has agreed to incorporate all mitigating measures directed by the executive administrator.

(b) If changes occur in the project after approval of the engineering feasibility data, the executive administrator may request additional engineering and/or environmental information in order to ascertain that the financial assistance commitment and environmental determination continues to be appropriate.

Source Note: The provisions of this §363.1005 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective February 4, 2009, 34 TexReg 668