(a) Projects in an IUP will be rated based upon the information, and any supporting documentation, submitted by the Applicant on the project information form.
(b) Rating criteria. For projects authorized under 33 U.S.C. §1383(c)(1) (§212 projects) involving the construction or improvements to publicly owned treatment works the following factors will be considered:
  (1) Impacts to water quality--Projects that protect stream segments and groundwater from pollution.
  (2) Unserved areas--Projects that will bring individual systems into a centralized system or projects that address on-site systems.
  (3) Regionalization of treatment works--Projects that will consolidate and eliminate systems.
  (4) Reduction or prevention--Projects that will reduce or prevent sewer system overflows and inflow and infiltration.
  (5) Eligibility as a Disadvantaged Community--Projects located in disadvantaged communities, as defined in Subchapter A of this chapter.
  (6) Enforcement action--Corrective actions imposed by judicial authority or the Commission.
  (7) Innovative or alternative technology or approaches--Projects that involve innovative or alternative technology or approaches, such as providing for the reclaiming and reuse of water, otherwise eliminate the discharge of pollutants, and utilize recycling techniques, land treatment, new or improved methods of waste treatment management for municipal and industrial waste (discharged into municipal systems) and the confined disposal of pollutants, so that pollutants will not migrate to cause water or other environmental pollution.
  (8) 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.
  (9) Reduction in Demand--Whether a majority of the funds being requested from the CWSRF for the project will be used to implement measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse.
  (10) Non-profits--If the Applicant is a qualified nonprofit entity that has federal tax-exempt status, whether a majority of the funds being requested from the CWSRF for the project will be used to implement assistance to owners and operators of small and medium publicly owned treatment works to either:
    (A) plan, develop, and obtain financing for eligible CWSRF projects, including planning, design, and associated preconstruction activities; or
    (B) assist such treatment works in achieving compliance with the Act.
  (11) Additional factors as designated within the applicable IUP.
(c) 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.
(d) For projects authorized under 33 U.S.C. §1383(c)(2) (§319 projects) involving nonpoint source and projects authorized under 33 U.S.C. §1383(c)(3) (§320 projects) involving estuary management, the following factors will be considered:
  (1) Public health--Ability to improve conditions that a public health official has determined are a nuisance and are dangerous to public health and safety and that may result from water supply and sanitation problems in the area to be served by the proposed project.
  (2) Groundwater--Minimization of impact of pollutants to an aquifer or groundwater.
  (3) Impaired water body--Ability to improve conditions in any water body that does not meet applicable water quality standards or is threatened for one or more designated uses by one or more pollutants.
  (4) Eligibility as a Disadvantaged Community--Projects located in disadvantaged communities, as defined in Subchapter A of this chapter.
  (5) Additional factors as designated within the applicable IUP.
(e) For all projects authorized under 33 U.S.C. §1383(c) that are made eligible in the Intended Use Plan:
  (1) Whether a majority of the funds being requested from the CWSRF for the project will be used to implement innovative approaches to manage, reduce, treat, or recapture stormwater or subsurface drainage water.
  (2) Whether a majority of the funds being requested from the CWSRF for the project will be used to implement reuse or recycling wastewater, stormwater, or subsurface drainage water.
(f) Emergency relief. Projects that are affected by disasters and according to the following requirements:
  (1) The Applicant must demonstrate that a need for emergency relief from an imminent threat to public health, safety, environment, or welfare exists. The Applicant must describe the nature of the threat and provide a complete description of the proposed emergency relief project.
  (2) The Board may authorize funding for the emergency relief project that meets the requirements of this title or as described in an IUP

Source Note: The provisions of this §375.31 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869