SECTION 30.209. Approval of the Aviation Facilities Capital Improvement Program and Financial Assistance

(a) Annually, the division will present to the commission the CIP for approval of the biennial airport development program. Thereafter, as necessary, the division will submit additions and/or deletions to the CIP to the commission for approval.

(b) As necessary when funds become available, the division will submit individual airport development projects from the approved CIP to the commission for financial assistance approval.

(c) The commission or its authorized representative shall hold a public hearing at which all interested parties shall have an opportunity to address the projects under consideration by the commission for financial assistance. Presentations shall be as concise as possible. The hearing will be held in accordance with §1.5 of this title (relating to Public Hearings).

(d) The commission shall approve financial assistance grants and loans based upon the CIP and in accordance with priorities established under §30.204(a)(2) of this title (relating to Facilities Development Program).

(e) The commission shall approve all financial assistance grants and loans except as provided in §30.208(c) of this title (relating to Evaluation of Requests for Financial Assistance). After financial assistance has been approved by the commission, the staff shall prepare and present to each sponsor an intergovernmental agreement. In the case of a state or federal grant, an Airport Project Participation Agreement will be executed, or a loan agreement, in the case of a loan. The sponsor and the department shall execute the agreement within 180 days of approval by the commission. If the agreement is not executed within 180 days of approval by the commission, approval of financial assistance for the project may be rescinded by the commission. Upon a showing of good cause, the director may allow the sponsor additional time to execute the agreement.

Source Note: The provisions of this §30.209 adopted to be effective September 27, 1990, 15 TexReg 5366; transferred effective September 1, 1993, as published in the Texas Register August 27, 1993, 18 TexReg 5768; amended to be effective May 24, 1995, 20 TexReg 3575; amended to be effective February 21, 1996, 21 TexReg 979.