1. (a) RWPGs shall conduct all business in meetings posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551, with a copy of all materials presented or discussed available for public inspection prior to and following the meetings and shall meet the additional notice requirements when specifically referenced as required under other subsections.

2. (b) All public notices required by this subsection shall comply with this section and shall meet the following requirements:

   1. (1) These notice requirements apply to the following RWPG actions: regular RWPG meetings; amendments to the regional water planning scope of work or budget; process of identifying potentially feasible water management strategies; meetings to replace RWPG members or addition of new RWPG members; and adoption of regional water plans.
   2. (2) Published 72 hours prior to the meeting.

   3. (3) Notice shall include:

      1. (A) a date, time, and location of the meeting;
      2. (B) a summary of the proposed action to be taken; and
      3. (C) the name, telephone number, and address of the person to whom questions or requests for additional information may be submitted.

   4. (4) Entities to be notified include:

      1. (A) all voting and non-voting RWPG members;
      2. (B) any person or entity who has requested notice or RWPG activities either in writing or email, as requested by the person or entity; and
      3. (C) each County Clerk, in writing, within the RWPA.

   5. (5) Notice and agenda to be posted:

      1. (A) On the website of the host political subdivision or on the Board website if requested by the RWPG; and
      2. (B) Texas Secretary of State website.

   6. (6) Documents to be made available on the internet or in hard copy for public inspection prior to and following meeting include:

      1. (A) Agenda of meeting; and
      2. (B) Copies of all materials presented or discussed at the meeting.

3. (c) Notice under this subsection shall meet the following requirements:

   1. (1) These notice requirements apply to the following RWPG actions: population projection and water demand projection revision requests to officially adopted Board projections; substitution of alternative water management strategies; and minor amendments to RWPs.
   2. (2) Notice of meetings under this subsection shall be published/postmarked on the internet, emailed, and mailed to the public before the 14th day preceding the date of the meeting.

   3. (3) Notice shall include:

      1. (A) a date, time, and location of the meeting;
      2. (B) a summary of the proposed action to be taken;
      3. (C) the name, telephone number, and address of the person to whom questions or requests for additional information may be submitted; and
      4. (D) information that the RWPG will accept written and oral comments at the meetings and information on how the public may submit written comments separate from such meetings. The RWPG shall specify a deadline for submission of public written comments of not earlier than 14 days after the meeting.

   4. (4) Entities to be notified include:

      1. (A) all voting and non-voting RWPG members;
      2. (B) any person or entity who has requested notice of RWPG activities either in writing or email, as requested by the person or entity;
      3. (C) each County Clerk, in writing, within the RWPA; and
      4. (D) each County Clerk in counties outside the RWPA where a recommended or alternative water management strategy being considered would be located.

   5. (5) Notice and associated meeting agenda to be posted:

      1. (A) On the website of the host political subdivision or on the Board website if requested by the RWPG; and
      2. (B) Texas Secretary of State website.

   6. (6) Documents to be made available on the internet or in hard copy for public inspection prior to and following meeting include:

      1. (A) Agenda of meeting; and
      2. (B) Copies of all materials, reports, plans presented or discussed at the meeting.

   7. (7) Public comments to be accepted as follows:

      1. (A) Written comments for 14 days prior to meeting with comments considered by RWPG members prior to action;
      2. (B) Oral and written public comment during meeting; and
      3. (C) Written comments must also be accepted for 14 days following the meeting and all comments received during the comment period must be submitted to the Board by the RWPG.

4. (d) Notice under this subsection shall meet the following requirements:

   1. (1) These notice requirements apply to the following RWPG actions: holding a preplanning public meeting to obtain public input on development of the next RWP; major amendments to RWPs; holding hearings for IPPs; and requesting research and planning funds from the Board.

   2. (2) Notice shall be published in a newspaper of general circulation in each county located in whole or in part in the RWPA as follows:

      1. (A) before the 30th day preceding the date of the public meeting or hearing; and
      2. (B) when applying for Board funding, at least 30 days prior to Board consideration of funding applications.

   3. (3) Notice of the public meetings and public hearings shall include:

      1. (A) a date, time, and location of the public meeting or hearing;
      2. (B) a summary of the proposed action to be taken;
      3. (C) the name, telephone number, and address of the person to whom questions or requests for additional information may be submitted; and
      4. (D) information that the RWPG will accept written and oral comments at the hearings and information on how the public may submit written comments separate from such hearings. The RWPG shall specify a deadline for submission of public written comments as specified in paragraph (8)(A) of this subsection.
   4. (4) If applying for Board funding, the notice shall include the name and address of the eligible applicant and the name of the applicant's manager or official representative; a brief description of the regional water planning area; the purposes of the planning project; the Board's name, address, and the name of a contact person with the Board; a statement that any comments must be filed with the EA and the applicant within 30 days of the date on which the notice is mailed or published. Prior to action by the Board, the applicant must provide one copy of the notice sent, a list of those to which the notice was sent, the date on which the notice was sent, copies of all notices as published showing name of the newspaper and the date on which the notice was published.
   5. (5) RWPGs shall make copies of the IPP available for public inspection at least 30 days before a public hearing required or held by providing a copy of the IPP in at least one public library in each county and either the county courthouse's law library, the county clerk's office, or some other accessible place within the county courthouse of each county having land in the RWPA and include locations of such copies in the notice for public hearing. For distribution of the IPP and adopted RWP, the RWPG may consult and coordinate with county and local officials in determining the most appropriate location in the county courthouse to ensure maximum accessibility to the public during business hours. Additionally, the RWPG may consult with local and county officials in determining which public library in the county can provide maximum accessibility to the public. According to the capabilities of the facility, the RWPG may provide the copy electronically, on an electronic disc or drive, or in hard copy. The RWPG shall make an effort to ensure ease of access to the public, including where feasible, posting the IPP on websites and providing notice of such posting.

   6. (6) Notice shall be mailed to, at a minimum, the following:

      1. (A) Notification of all entities that are to be notified under subsection (c)(4) of this section;
      2. (B) Each mayor of a municipality with a population of 1,000 or more or which is a county seat that is located in whole or in part in the RWPA;
      3. (C) Each county judge of a county located in whole or in part in the RWPA;
      4. (D) Each special or general law district or river authority with responsibility to manage or supply water in the RWPA based upon lists of such water districts and river authorities obtained from the Commission;

      5. (E) Additionally, for public hearings or meetings to obtain input on development of a future RWP or a meeting or hearing associated with IPPs or major RWP amendments:

         1. (i) each retail public utility, defined as a community water system, that serves any part of the RWPA or receives water from the RWPA based upon lists of such entities obtained from the Commission; and
         2. (ii) each holder of record of a water right for the use of surface water the diversion of which occurs in the RWPA based upon lists of such water rights holders obtained from the Commission; and
      6. (F) Additionally, a RWPG that intends to request Board funds for regional water planning must provide written notice to all other RWPGs.

   7. (7) Notice and associated hearing and meeting agenda shall also be posted:

      1. (A) On the website of the host political subdivision or on the Board website if requested by the RWPG;
      2. (B) Texas Secretary of State website; and
      3. (C) In the Texas Register.

   8. (8) Public comments to be accepted as follows:

      1. (A) Written comments submitted immediately following 30-day public notice posting and prior to and during meeting or hearing; and

         1. (i) Until not earlier than 30-days following the date of the public hearing on a major amendment to a RWP.
         2. (ii) Until not earlier than 60 days following the date of the public hearing on an IPP.
      2. (B) Verbal public comments at the noticed meeting or hearing;

      3. (C) Comments received must be considered as follows:

         1. (i) Comments associated with hearings must be considered by RWPG members when adopting a RWP or adopting a major amendment to a RWP.
         2. (ii) Comments associated with a preplanning meeting, scope of work development, and an application for funding to the Board must be considered prior to taking RWPG action.

Source Note:The provisions of this §357.21 adopted to be effective August 12, 2012, 37 TexReg 5797.