1. (a) Each fiscal year the board shall prepare an intended use plan to meet the requirements of the Act and to assist the board in its financial planning. The intended use plan will identify projects anticipated to receive assistance from that year's available funds. The list of projects by priority ranking included in the intended use plan may also serve as the comprehensive project priority list required by the Act.

2. (b) The process for listing projects in the intended use plan will be as follows.

   1. (1) Each year the executive administrator will provide written notice and solicit project information from eligible applicants desiring to have their projects placed on the subsequent year's intended use plan. The notice will include forms to be used to submit rating information and the deadline by which rating information must be submitted in order for projects to be rated and included in the intended use plan. The required information will include:

      1. (A) a description of the proposed project;
      2. (B) county map showing location of service area;

      3. (C) an estimated total project cost which:

         1. (i) for an estimated loan amount greater than $100,000, shall be certified by a registered professional engineer; or
         2. (ii) for an estimated loan amount less than $100,000, shall be accompanied by a statement signed by the system operator establishing the basis for the estimate;
      4. (D) estimated project schedule;
      5. (E) population currently served by the applicant; and
      6. (F) additional information as necessary to establish the priority rating score for source water protection projects, or to establish whether a potential applicant qualifies as a disadvantaged community.
   2. (2) To be included in the draft intended use plan, the applicant must submit the required information signed by a representative of the applicant not later than the deadline included in the notice. Rating information submitted after the deadline will not be accepted. Incomplete rating information forms may prevent projects from being rated for inclusion in the intended use plan.
   3. (3) After a public hearing, the intended use plan and project priority list will be presented to the board for consideration at a regularly scheduled meeting.
   4. (4) Public notice shall be given 30 days prior to the hearing and the comment period shall remain open 30 days following the hearing.

3. (c) Subsequent to adoption of an intended use plan, certain changes to a proposed project included in the intended use plan are allowed without requiring a re-ranking in the following circumstances:

   1. (1) The applicant for a proposed project may change;
   2. (2) An alternative project may be proposed which addresses the specific system conditions which received priority points;
   3. (3) The number of participants in a consolidation project may change provided that the change does not result in a change to the combined rating factor as determined by §371.19 of this title (relating to Rating Process).
   4. (4) The total cost of a proposed project may decrease from the amount listed in the adopted intended use plan.
4. (d) If any changes are proposed to the nature of the improvements of a proposed project, or in the number of participants in a consolidation project which would result in a change to the combined rating factor as determined by §371.19 of this title, the project must be re-ranked in the intended use plan. In this case the availability of funding will be determined based on the revised combined rating factor.

Source Note:The provisions of this §371.20 adopted to be effective March 18, 1997, 22 TexReg 2502; amended to be effective September 10, 1997, 22 TexReg 9004; amended to be effective October 13, 1997, 22 TexReg 9893; amended to be effective June 10, 1998, 23 TexReg 5980; amended to be effective October 8, 1998, 23 TexReg 10042; amended to be effective January 6, 1999, 24 TexReg 163; amended to be effective December 8, 1999, 24 TexReg 10886; amended to be effective September 5, 2000, 25 TexReg 8738.