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

2. (b) Rating criteria. For the Act's §212 projects involving the construction or improvements to publically owned treatment works the following factors will be considered:

   1. (1) Impacts to water quality--Projects that protect stream segments and groundwater from pollution.
   2. (2) Unserved areas--Projects that will bring individual systems into a centralized system or projects that address on-site systems.
   3. (3) Regionalization of treatment works--Projects that will consolidate and eliminate systems.
   4. (4) Reduction or prevention--Projects that will reduce or prevent sewer system overflows and inflow and infiltration.
   5. (5) Affordability--A Project located in a disadvantaged community shall have an affordability rating factor as defined within the applicable IUP.
   6. (6) Emergency relief--Projects which are affected by events of natural disaster.
   7. (7) Additional factors as designated within the applicable IUP and determined by the executive administrator.
3. (c) 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.

4. (d) For the Act's §319 projects involving nonpoint source and §320 projects involving estuary management, the following factors will be considered:

   1. (1) Public health--Ability to improve conditions that a public health official has determined are a nuisance and are dangerous to public health and safety and that may result from water supply and sanitation problems in the area to be served by the proposed project.
   2. (2) Groundwater--Minimization of impact of pollutants to an aquifer or groundwater.
   3. (3) Impaired water body--Ability to improve conditions in any water body that does not meet applicable water quality standards or is threatened for one or more designated uses by one or more pollutants.
   4. (4) Affordability--A Project located in a disadvantaged community shall have an affordability rating factor as defined within the IUP.
   5. (5) Additional factors as designated within the applicable IUP and determined by the executive administrator.

Source Note:The provisions of this §375.31 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615.