(a) Funds available under the EH Fund will be made available at least once per state fiscal year to eligible Applicants dependent on the amount of funding made available.
(b) The balance of the EH Fund will determine the distribution method.
  (1) For an annual, uncommitted balance that does not exceed $1,000,000 as of the end of the state fiscal year, the total of available EH funds will be distributed equally, up to the amount requested, among the total number of entities satisfying all of the following requirements:
    (A) Are Subrecipients or awarded Applicants of ESG or HHSP;
    (B) Are counties or municipalities;
    (C) Have indicated that they wish to participate in the EH Fund; and
    (D) Have identified the minimum amount of funds they would accept and the maximum amount of funds they would be able to expend during the Contract Term.
  (2) For an annual, uncommitted fund balance that exceeds $1,000,000 as of the end of the state fiscal year, the total of available EH Funds may be made available through a NOFA, which may include being made available to counties and municipalities that are not existing ESG or HHSP Subrecipients or awarded Applicants. If the amount of uncommitted funds in the EH Fund is greater than $1,000,000, an award made available through a NOFA shall not exceed $250,000 per Applicant per state fiscal year, unless there are no other eligible Applicants.

Source Note: The provisions of this §7.63 adopted to be effective July 7, 2022, 47 TexReg 3819