1. (a) Limitations of Funding. The Board has sole discretion in determining which activities are necessary for the development or revision of regional water plans. However, no funds will be provided for the following:

   1. (1) activities for which the Board determines existing information or data is sufficient for the planning effort including:

      1. (A) detailed evaluations of cost of water management strategies where recent information for planning is available to evaluate the cost associated with the strategy;
      2. (B) evaluations of groundwater resources for which a desired future condition has been submitted to the Board pursuant to Texas Water Code §36.108(d) (relating to Joint Planning in a Management Area);
      3. (C) evaluations of groundwater resources for which current information is available from the Board or other entity sufficient for evaluation of the resource;
      4. (D) determination of water savings resulting from standard conservation practices for which current information is available from the Board;
      5. (E) revision of the adopted state population and demand projections;
      6. (F) revision of state environmental planning criteria for new surface water supply projects; and
      7. (G) collection of data describing groundwater or surface water resources where information for evaluation of the resource is currently available;
   2. (2) activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, and preparation of engineering plans and specifications;
   3. (3) activities related to planning for individual system facility needs other than identification of those facilities necessary to transport water from the source of supply to a regional water treatment plant or to a local distribution system;

   4. (4) costs associated with administration of the plan's development, including but not limited to:

      1. (A) compensation for the time or expenses of RWPGs members' service on or for the RWPG;
      2. (B) costs of administering the RWPGs;
      3. (C) costs of public notice and meetings, including time and expenses for attendance at such meetings;
      4. (D) costs for training;
      5. (E) costs of reviewing products developed due to this grant; and
      6. (F) costs of administering the regional water planning grant and associated contracts; and
   5. (5) analyses of benefits and costs of water management strategies unless the water management strategy requires a state or federal permit and the RWPG has completed the analysis required by §357.34 of this title (relating to Identification and Evaluation of Potentially Feasible Water Management Strategies), and the RWPG demonstrates to the satisfaction of the executive administrator that these analyses are needed to determine the selection of the water management strategy.

2. (b) Funding Administrative Costs. The following administrative costs are eligible for funding if the RWPG or its chairperson certifies, during a public meeting, that the expenses are eligible for reimbursement and are correct and necessary:

   1. (1) travel expenses, as authorized by the General Appropriations Act, for RWPG voting members who certify that they are not eligible for reimbursement from their employer; travel expenses are available only for attendance at a posted meeting of the RWPG unless the travel is specifically authorized by the EA;
   2. (2) costs associated with providing translators and accommodations for persons with disabilities for public meetings when required by law or deemed necessary by the RWPGs and certified by the chairperson;
   3. (3) direct costs, not including personnel costs, for placing public notices in newspapers for the legally required public hearings and of providing copies of information for the public and for members of the RWPGs as needed for the efficient performance of planning work; and
   4. (4) the cost of postage for mailing notices of public hearings and other actions to persons and entities listed in Chapter 357 of this title (relating to Regional Water Planning).
3. (c) Subcontracting. A RWPG through the eligible applicant's contractor or subcontractor may obtain professional services, including the services of a planner, land surveyor, licensed engineer, or attorney, for development or revision of a regional water plan only if such services are procured on the basis of demonstrated competence and qualifications through a request for qualifications process in accordance with Texas Government Code Chapter 2254.
4. (d) Notwithstanding limitations on funding described in this section, the EA may, in his sole discretion, authorize funding for a cost benefit analysis of water management strategies. The EA shall consider funding such an analysis when the strategies serve the same demand, but the costs and benefits differ significantly among the strategies. The EA shall consider the overarching benefits to the state when determining whether to provide such funding. The EA may provide cost benefit analysis in other situations, as he deems necessary and appropriate.

Source Note:The provisions of this §355.92 adopted to be effective August 12, 2012, 37 TexReg 5795.