Sec. 15.106. APPROVAL OF APPLICATION. (a) The board, by resolution, may approve an application for financial assistance if after considering the factors listed in Section 15.105 of this code and any other relevant factors, the board finds:
(1) that the public interest requires state participation in the project; and
(2) that in its opinion the revenue or taxes pledged by the political subdivision will be sufficient to meet all the obligations assumed by the political subdivision.
(b) Before the board grants the application or provides any financial assistance under an application, it shall require an applicant to adopt or to have already implemented a program of water conservation for the more efficient use of water that incorporates the practices, techniques, or technology prescribed by Subdivision (9)(B), Section 15.001, of this code and that the board determines will meet reasonably anticipated local needs and conditions. The program may include but is not limited to any or all of the following:
(1) restrictions on discretionary water uses, such as lawn watering;
(2) plumbing code standards for water conservation in new building construction;
(3) retrofit programs to improve water-use efficiency in existing buildings;
(4) educational programs;
(5) universal metering;
(6) conservation-oriented water rate structures;
(7) drought contingency plans; and
(8) distribution system leak detection and repair.
(b-1) Beginning May 1, 2005, all water conservation plans required under this section must include specific, quantified 5-year and 10-year targets for water savings. The entity preparing the plan shall establish the targets. Targets must include goals for water loss programs and goals for municipal use in gallons per capita per day.
(c) The board may not require a program of water conservation to be adopted under Subsection (b) of this section if:
(1) an emergency exists as determined by the board;
(2) the amount of financial assistance to be provided is $500,000 or less;
(3) the applicant demonstrates and the board finds that the submission of such a program is not reasonably necessary to facilitate conservation or conservation measures; or
(4) the project consists of construction outside the jurisdiction of the State of Texas.
(d) To the extent funds are available, the board shall establish an educational and technical assistance program to assist political subdivisions in developing comprehensive water conservation plans required by this section and other sections of this code.
(e) If the political subdivision will utilize the project to furnish water or services to another political subdivision that in turn will furnish the water or services to the ultimate consumer, the requirements of the board relative to water conservation can be met through contractual agreements between the political subdivisions providing for establishment of a water conservation plan and other necessary measures.
(f) Rules adopted under this section must state the criteria for preparation, review, and enforcement of an applicant's conservation program.
Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, Sec. 1, eff. Nov. 10, 1981. Amended by Acts 1985, 69th Leg., ch. 133, Sec. 1.07; Acts 1987, 70th Leg., ch. 977, Sec. 10, eff. June 19, 1987; Acts 1989, 71st Leg., ch. 624, Sec. 2.08, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 966, Sec. 4.09, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 688, Sec. 2, eff. June 20, 2003.
Section: Previous 15.011 15.012 15.101 15.102 15.103 15.104 15.105 15.106 15.107 15.1071 15.108 15.109 15.110 15.111 15.112 NextLast modified: September 28, 2016