(a) Authority. The municipal solid waste management planning fund is established by the Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act (Texas Health and Safety Code, Chapter 363) as a special fund in the state treasury.
(b) Administration of the planning fund.
  (1) The executive director shall administer the financial assistance program and the planning fund under the direction of the commission.
  (2) An applicant for financial assistance from the planning fund shall agree to comply with commission rules, and any other requirements adopted by the commission.
  (3) The executive director shall not authorize release of funds under an application for financial assistance until the applicant has furnished the executive director with a resolution adopted by the governing body of each public agency or planning region that is a party to the application certifying that:
    (A) the applicant will comply with the provisions of the financial assistance program and the requirements of the commission;
    (B) the grant will only be used for the purposes for which it was provided;
    (C) regional or local solid waste management plans, along with their implementation plans, developed with state financial assistance will be adopted by the governing body as its policy; and
    (D) future municipal solid waste management activities will, to the extent reasonably feasible, conform to the regional or local solid waste management plan.
  (4) The planning fund shall not be used for the preparation of final design and working drawings, construction, acquisition of land, or an interest in land, or payment for recovered resources.
  (5) The order of priority to be given to applicants in receiving financial assistance shall be determined by:
    (A) the need to initiate or improve the solid waste management program within the applicant's jurisdiction;
    (B) the needs of the state;
    (C) the financial need of the applicant;
    (D) the degree that the proposed plan work program will result in improvements that meet the requirements of other applicable state, regional, and local solid waste management plans or activities;
    (E) a positive consideration for applicants who have completed approved plans while utilizing their own resources; and
    (F) a positive consideration for applicants who have committed a substantial amount of their own resources for development of an approvable plan at the time that a request is made for state financial assistance.
  (6) The executive director may approve an application consistent with the provisions of this section when the executive director finds state financial participation is in the public interest and when it is determined that both state and regional or local funding is sufficient to complete the agreed scope of services. The executive director shall approve or disapprove an application for financial assistance within 90 days of its receipt.
(c) Applications.
  (1) Requests for state financial assistance shall be made on forms furnished by the commission and shall include a work program and budget for a defined period in which the tasks described in the work program are to be completed.
  (2) The only applicant eligible to apply for regional planning financial assistance shall be the council of governments designated as responsible for the planning region for which a plan is considered.
  (3) The only applicants authorized to apply for local planning financial assistance are local governments or public agencies and designated council of governments. Where the local plan is to cover a geographical area larger than the area of one city, then the application and any resulting contract shall be made by one of the cities, counties, or public agencies that has all or part of its jurisdiction within the area to be considered in the plan, and that is authorized by all public agencies with jurisdiction included in the area considered to act as their agent; or the designated council of governments that has jurisdiction over the geographical area to be considered in the plan.

Source Note: The provisions of this §330.645 adopted to be effective March 27, 2006, 31 TexReg 2502