SECTION 363.1007. Prioritization Criteria

(a) The board will give priority to projects that the legislature has determined shall receive priority for financial assistance from the State Participation Account.

(b) Except as provided by subsection (c), after first prioritizing projects that the legislature has determined shall receive priority, the factors to be used by the executive administrator to prioritize the remaining projects seeking financial assistance from the State Participation Account shall be as follows:

(1) water development projects will receive priority over wastewater projects;

(2) priority will be given to projects which have received previous board funding for facility planning, design, or permitting for the project;

(3) priority will be given to entities that:

(A) have already demonstrated significant water conservation savings, as determined by comparing the highest rolling five-year average gallons per capita per day since 1980 to the average gallons per capita per day for the most recent four-year period; or

(B) will achieve significant water conservation savings by implementing the proposed project for which the financial assistance is sought, as determined by comparing the conservation to be achieved by the project with the average gallons per capita per day for most recent four-year period.

(4) priority will be given to projects which have the earliest identifiable need, as outlined in the water plan.

(c) Notwithstanding subsection (b), any interregional water supply projects seeking financial assistance from the State Participation Account for interregional water supply projects under Texas Water Code §16.145 shall be prioritized in accordance with an applicable request for proposals, which shall prioritize projects that:

(1) maximize the use of private financial resources;

(2) combine the financial resources of multiple water planning regions; and

(3) have a substantial economic benefit to the regions served by:

(A) affecting a large population;

(B) creating jobs in the regions served; and

(C) meeting a high percentage of the water supply needs of the water users served by the project.

Source Note: The provisions of this §363.1007 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 April 15, 2009, 34 TexReg 2385; amended to be effective July 11, 2010, 35 TexReg 5897; amended to be effective February 9, 2023, 48 TexReg 520