1. (a) Grants for regional facility planning and flood control planning shall be limited to 50% of the total cost of the project, except that the board may supply up to 75% of the total cost to political subdivisions which have unemployment rates exceeding the state average by 50% or more, and which have per capita income which is 65% or less of the state average for the last reporting period available.
2. (b) In-kind services may be substituted for any part of the local share, if such services are directly in support of the planning effort, are properly documented, and approved in advance by the board.
3. (c) Up to 100% of the cost of research projects may be provided by the board.
4. (d) Funds will be released only as reimbursement of costs actually incurred for approved activities.
5. (e) Grants in excess of 75% for regional facility planning or flood control planning will be provided if authorized by specific legislation or legislative appropriation language.

6. (f) The board may condition grants for regional facility planning to require that the recipients agree in the contract for assistance, and by the execution of any other documents necessary to secure such agreement, to pay back to the board the following specified percentages of the grant if construction on a project described by the regional facility planning grant is not begun within the following specified times:

   1. (1) if construction is not begun within six years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board 25% of the amount of the grant;
   2. (2) if construction is not begun within seven years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant;
   3. (3) if construction is not begun within eight years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant; and
   4. (4) if construction is not begun within nine years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant.
7. (g) Repayment under subsection (f) of this section shall occur no later than within the entity's first fiscal year following the date on which each repayment obligation is triggered.

8. (h) For the purposes of subsection (f) of this section, construction will be considered to have begun when:

   1. (1) an entity closes a debt issuance that will fund a project that the executive administrator verifies is substantially the same as the project recommended in the regional facility planning grant report; or
   2. (2) the effective date of a contract for the construction of a project the executive administrator verifies is substantially the same as the project recommended in the regional facility planning grant report, if the project costs are not funded by a debt issuance.
9. (i) If the regional plan determines that a regional project is not feasible, repayment will not be required under the provisions of subsection (f) of this section.

Source Note:The provisions of this §355.10 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 21, 1992, 17 TexReg 3382; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective September 11, 2002, 27 TexReg 8598.