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 which qualifies as 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.
   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 phase projects, completed within three years from loan closing 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) Subsequent to adoption of an IUP, certain changes to a ranked project included in the IUP may be allowed without requiring a re-ranking in the following circumstances:

   1. (1) the Applicant for a proposed project may change;
   2. (2) 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; and
   3. (3) the total cost of the project may not increase in an amount of more than 10% of the amount listed in the adopted IUP.
6. (f) 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.