(a) Authority. Funds are dedicated under Texas Health and Safety Code, §361.014, for the development and updating of regional and local solid waste management plans, and for implementing regional and local projects consistent with approved regional solid waste management plans. This regional solid waste grants program is separate from the financial assistance program outlined under §330.643 of this title (relating to Regional and Local Solid Waste Management Implementation Plan Guideline Requirements).
(b) Administration of regional solid waste grants program. The executive director shall administer the regional solid waste grants program under the direction of the commission.
(c) Funding allocation. Funds for local and regional projects under the regional solid waste grants program shall be allocated to municipal solid waste geographic planning regions according to a formula established by the commission that takes into account population, area, solid waste fee generation, and public health needs.
(d) Public/private cooperation. A project or service funded under the regional solid waste grant program must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services.
(e) Pass-through grants. The executive director may establish procedures to make grant funds available to authorized local entities through pass-through grants administered by each council of governments.
(f) Applications.
  (1) Requests for state financial assistance provided directly by the agency shall be made on forms furnished by the executive director.
  (2) Requests for financial assistance made available through pass-through grants administered by a council of governments shall be made on forms developed jointly by the executive director and the council of governments, and furnished by the council of governments.
(g) Application procedures. Applicants for financial assistance from the agency shall follow the procedures set forth in the application instructions and guidelines issued by the executive director. Applicants for pass-through grant assistance from a council of governments shall follow the procedures set forth in the pass-through grant application instructions issued by the council of governments.
(h) Grant contracts. Grants shall be provided through contractual agreement between the agency and the grant recipient. If a council of governments provides financial assistance to local entities through a pass-through grant arrangement, the council of governments shall enter into an appropriate contractual agreement with the local grant recipient. The contractual agreement between the council of governments and the local grant recipient shall adhere to all applicable provisions of the main grant contract between the council of governments and the Texas Commission on Environmental Quality.

Source Note: The provisions of this §330.649 adopted to be effective March 27, 2006, 31 TexReg 2502