(a) The commission shall announce grant funds, select grant recipients, and award assistance grants under this subchapter utilizing a Request for Proposals (RFP). Under the RFP process, the commission will:
- (1) Publish a formal notice in the Texas Register inviting eligible applicants to submit to the commission, by an announced due date, written proposals for funding support, together with a completed application form and other RFP-specified materials or resolutions;
- (2) Make available, upon request, application forms and instructions, together with the current RFP document which sets forth the established minimum requirements and criteria for application acceptance and defines the selection criteria to be used by the commission in determining grant recipients and making the subsequent grant awards;
- (3) Accept applications, prior to the RFP-specified deadline, and process for eligibility determination and selection/funding, ranking those applications which meet the minimum requirements specified in the RFP; and
- (4) Select projects for grant award on a competitive basis in accordance with the formal screening and selection criteria set forth in the RFP.
- (b) All grant proposals/applications will be reviewed and processed by the commission's staff to ensure compliance with the requirements of this subchapter, the appropriate RFP, and those mandates set forth in the Health and Safety Code, Chapter 361. The applications may also be reviewed and considered by other public agencies or organizations who have specific responsibilities to review, comment on, or coordinate the selection and/or awarding of state grants.
(c) All proposals received by the deadline stated in the RFP will be evaluated by TNRCC staff and ranked on a point system. Subject to availability of funds and number of eligible applicants, applicants may receive only a portion of, or none of, the funds requested.
(1) The factors to be used to evaluate and rank proposals for construction grants are as follows:
- (A) completeness and adequacy of the proposal;
- (B) adequacy of the resolution accompanying the proposal, which, at a minimum, certifies representative authorization and which may contain other certifications as required by the RFP;
- (C) total plant capacity, as measured by the maximum number of used/scrap tires per month that the facility can remove from the waste stream and convert into useable and saleable products, regardless of whether the products qualify the facility for reimbursement of construction costs pursuant to §330.986 of this title (relating to Additional Recycling Facility Construction Grant Requirements);
- (D) monthly recycling capacity, as measured by the number of used/scrap tires that a facility can remove from the waste stream on a monthly basis and convert into items that qualify for reimbursement of construction costs pursuant to §330.986 of this title;
- (E) success of project financing, including, but not limited to, availability, extent, commitment and stability of project financing;
- (F) success of product marketing, including, but not limited to, firm markets for products manufactured from used/scrap tires, as evidenced by binding contracts;
- (G) facility completion and/or production time frame;
- (H) facility cost effectiveness, as measured by the ratio of eligible reimbursable costs requested to the monthly recycling capacity of the facility in tons-per-month;
- (I) facility economy and/or simplicity, including, but not limited to, evaluation of the facility's costs associated with, and loss of productivity necessitated by, breakdown, repair and/or maintenance;
- (J) facility flexibility, as measured by a facility's adaptability to changing end-use markets;
- (K) community support; and
- (L) other factors deemed necessary by the commission.
(2) The factors to be used to evaluate and rank proposals for retrofitting grants are as follows:
- (A) completeness and adequacy of the proposal;
- (B) adequacy of the resolution accompanying the proposal, which, at a minimum, certifies representative authorization and which may contain other certifications as required by the RFP;
- (C) total tire fuel capacity, as determined by the maximum amount of sustained tire fuel use to be expected if the plant is operated at full capacity, using the optimum amount of tire-derived fuel in the fuel mix;
- (D) monthly rate of tire fuel use, as measured by the number of used/scrap tires that a facility can remove from the waste stream on a monthly basis by converting the tires to energy;
- (E) success of project financing, including, but not limited to, availability, extent, commitment and stability of project financing;
- (F) success of product marketing, including, but not limited to, firm markets for the energy or products produced from energy recovery of used/scrap tires, as evidenced by binding contracts;
- (G) facility completion and/or production time frame;
- (H) facility cost effectiveness, as measured by the ratio of eligible reimbursable costs requested to the monthly amount of tire-derived fuel capacity of the facility in tons-per-month;
- (I) facility economy and/or simplicity, including, but not limited to, evaluation of the facility's costs associated with, and loss of productivity necessitated by, breakdown, repair and/or maintenance;
- (J) facility flexibility, as measured by a facility's adaptability to changing end-use markets;
- (K) community support; and
- (L) other factors deemed necessary by the commission.
- (d) Applicants selected to receive tire recycling or energy recovery retrofitting assistance grants under this subchapter will be required to enter into a written contract with the commission as a condition to receiving support. The contracts will indicate the amount and type of support, establish time frames and/or deadlines for completing grant-supported activities and for expending grant-provided funds, describe reporting requirements and payment procedures, and contain other standard contract conditions.
Source Note:The provisions of this §330.989 adopted to be effective April 10, 1996, 21 TexReg 2545.