1. (a) Projects in an IUP will be rated based upon the information detailed within the submitted project information form.

2. (b) Projects will be rated based on the following factors:

   1. (1) Health and compliance. Factors regarding public health concerns/issues or violations of maximum contaminant levels pursuant to 40 C.F.R. Part 141.
   2. (2) Affordability. A project located in a disadvantaged community shall have an affordability rating factor as defined within the applicable IUP.

   3. (3) Emergency relief. Projects which are affected by events of natural disaster.

      1. (A) The Applicant must demonstrate that a need for emergency relief from an imminent threat to public health, safety, environment, or welfare exists. The applicant must describe the nature of the threat and provide a complete description of the proposed emergency relief project as defined in §371.40 of this title (relating to Definitions).
      2. (B) The Board may authorize funding for the emergency relief project as detailed in §371.51 of this title (relating to Emergency Relief Project Procedures) or as described in an IUP.
   4. (4) Additional factors as designated within the applicable IUP and determined by the executive administrator.
3. (c) Source Water Protection projects are rated and ranked according to the criteria and procedures within the applicable IUP.
4. (d) Previously funded projects. Planning, acquisition, or design projects, completed within three years from the closing of the financial assistance will receive a priority for construction funding if there are no significant changes that affect the original project rating and the project is ready to proceed.
5. (e) 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 in the IUP, the projects must be re-ranked. In this case, the project's ranking will be determined based on the revised combined rating factor.

Source Note:The provisions of this §371.21 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 30, 2012, 37 TexReg 5602.