1. (a) Each fiscal year the board shall prepare an intended use plan to meet the requirements of the Act, §606(c), 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 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 entities desiring to receive funding commitments during the next fiscal year on the basis of that year's intended use plan. The notice will include forms to be used to submit information needed to rate the principal project 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 project information will include:

      1. (A) information needed to rate the project;
      2. (B) a description of the proposed facilities;
      3. (C) the status of any required permit application, including projected effluent limitations;
      4. (D) the estimated total project cost;
      5. (E) an estimated schedule for planning, design and construction of the proposed project;
      6. (F) a statement as to whether the applicant is under enforcement by EPA or the commission; and
      7. (G) such other information as may be requested by the executive administrator.
   2. (2) The required information must be submitted not later than the deadline specified in the written notice to be included in the draft intended use plan. 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. (c) Subsequent to adoption of an intended use plan, the nature of a proposed project included in the intended use plan may change without requiring a re-ranking in the following circumstances:

   1. (1) the applicant for a proposed project may change;
   2. (2) an alternative may be proposed which addresses the specific system condition for which priority points were assigned; or,
   3. (3) 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 which would result in a change to the rating score as determined by §375.16 of this title (relating to Rating Process), the project must be re-ranked in the intended use plan. In this case the availability of funds will determined based on the revised rating score.
5. (e) After a period of public review and comment, the intended use plan will be presented for adoption to the board at a regularly scheduled meeting.

Source Note:The provisions of this §375.17 adopted to be effective February 11, 1999, 24 TexReg 769; amended to be effective November 7, 2000, 25 TexReg 10927.