SECTION 371.21. Rating Process

(a) Projects in an IUP will be rated based upon the information, and any accompanying supporting documentation, submitted by the Applicant on the project information form.

(b) Projects will be rated based on the following factors:

(1) Health and compliance. Factors regarding public health concerns/issues or violations of maximum contaminant levels pursuant to 40 CFR Part 141.

(2) Effective management. Whether an entity has adopted or plans to prepare an Asset Management Plan and provide training to the Applicant's governing body and employees, whether the project addresses water conservation and energy efficiency, and whether the project implements a state or regional water plan.

(3) Eligibility as Disadvantaged Community. Projects located in disadvantaged communities, as defined in Subchapter A of this Chapter.

(4) Additional factors as designated within the applicable IUP and determined by the executive administrator.

(c) Source Water Protection projects are rated and ranked according to the criteria and procedures within the applicable IUP.

(d) Previously funded projects. Planning, acquisition, or design projects, completed within three years from the closing of the financial assistance will receive a priority for construction phase funding if there are no significant changes that affect the original project rating and the project is ready to proceed.

(e) If any changes are proposed to the nature of the improvements of a proposed project, or in the number of participants in a consolidation project which would result in a change to the combined rating factor as determined in the IUP, the projects must be re-ranked. In this case, the project's ranking will be determined based on the revised combined rating factor.

(f) Urgent Need. The Board may offer urgent need financial assistance to address situations that require immediate attention to protect public health and safety as prescribed in the IUP. The executive administrator may bypass projects to provide funding to urgent need projects.

Source Note: The provisions of this §371.21 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844