SECTION 363.704. Eligibility Requirements

An applicant must meet all of the following requirements to be eligible for financial assistance under this subchapter:

(1) Population. An applicant is a political subdivision with a population of 15,000 or less. For cities, population will be based on latest population estimates and information available to the board. For districts, or water supply corporations, population will be based on an estimate of the population served by the district or water supply corporation calculated from the current number of connections;

(2) Permanent financing not available. An applicant lacks sufficient time to obtain permanent financing either under other financing programs of the board or from other sources;

(3) Emergency. There is an emergency that meets the criteria of subparagraphs (A)-(D) or (E) of this paragraph.

(A) The financing will correct a problem that meets one of the following:

(i) The condition has resulted in human fatality within the political subdivision's jurisdiction;

(ii) The condition has resulted in illness or injury within the political subdivision's jurisdiction, documented by the applicable state agency; or

(iii) The condition poses an imminent threat to public health and safety;

(B) The solution to the problem must be beyond the immediate financial means of the political subdivision;

(C) The condition must not be anticipated and must be beyond the control of the political subdivision. If the political subdivision was previously informed by a regulatory agency that this problem existed or was likely to occur, the political subdivision must show that, despite reasonable efforts, it has been unable to resolve the problem; and

(D) The condition must not be a temporary problem caused by one-time or occasional circumstances that pose no permanent threat to public health if not addressed immediately; or

(E) A condition of drought must exist that poses a threat to public health and safety if not addressed immediately.

(4) Timing. The emergency must have been first discovered by the political subdivision no more than six months prior to the date the application is received by the board, unless the emergency is a condition of drought.

Source Note: The provisions of this §363.704 adopted to be effective August 8, 1996, 21 TexReg 7265; amended to be effective February 16, 1999, 24 TexReg 766; amended to be effective December 7, 1999, 24 TexReg 10882