Shane Saum
New member
Dear fellow Council Members,
I submitted the public comments below in response to the currently proposed Texas Water Development Board proposed rules on Financial Assistance Programs and the Clean Water State Revolving Fund. I highly encourage you to copy and paste the body of this text into your own letter and email your document or letter within the body of the email to rulescomments@twdb.texas.gov by September 29th, 2024 with the Subject "TWDB Proposed Rules for 363.2, 363.12, 363.13, 363.14, 363.17, 363.19, 363.33, and 363.41"
We must continue to work with the TWDB on finding ways to ensure communities like Lago Vista are considered when they make updates to these financial assistance programs, whether that is through the rule making process, in public hearings or legislatively. Your voice can make an impact and I thank you for considering this initiative.
September 12, 2024
Office of General Counsel
Texas Water Development Board
P.O. Box 13231
Austin, Texas 78711-3231
Subject: TWDB Proposed Rule Amendments to 363.2, 363.12, 363.13, 363.14, 363.17, 363.19, 363.33, and 363.41
Dear Mr. Harden,
In reviewing the proposed TWDB rules and considering their potential impact on smaller communities like Lago Vista, there are a few key points I would like to address, especially in the context of opportunities for financial assistance. I thank the Texas Water Development Board for their work to help ensure Texans have access to adequate, clean, and affordable water supplies. I appreciate the opportunity for the public to weigh in on these proposed rule changes and I look forward to working with you to continue advocating for smaller communities like Lago Vista. Please see me comments below:
1. Audit Requirement:
The proposed rule updates the requirement for audit submissions for applicants receiving financial assistance (Section 363.12). Specifically, it mandates an annual audit prepared by a certified public accountant unless an alternative accounting method is approved.
- Potential Concern: For small communities like Lago Vista, the cost of preparing a full audit by a CPA could be burdensome. While I support efforts to ensure fiscal responsibility, I urge TWDB to allow smaller communities the flexibility to submit their existing financial statements, as many small municipalities may lack the resources for a full audit by a CPA. An alternative approval method should be clearly outlined to reduce potential barriers for these communities.
2. Waiver of Rules:
Several sections allow the TWDB Board to waive or modify requirements (Sections 363.13, 363.14, 363.41). The specific language used is “The board may waive or modify the requirements of this section for any program or category of applications covered by this subchapter.” While this provides flexibility, the lack of clear criteria for when waivers or modifications might be granted can cause uncertainty and provide an argument for some of an unfair process if a waiver or modification leads to one applicant receiving assistance over another.
- Potential Concern: Unclear waiver rules could lead to inconsistency in decision-making and disadvantage smaller towns. I request that the TWDB provide clear criteria for when and under what conditions the Board will waive or modify requirements. Small communities like ours, with limited resources, could be disproportionately impacted by such ambiguities, and clearer guidelines will help ensure fairness and transparency.
3. Risk-Based Review:
The proposed rules introduce a risk-based review method for items like engineering designs (Section 363.41). This could streamline processes for smaller communities, depending on how risk is defined and assessed. If this risk-based review benefits lower-risk projects, it could make the process easier for small towns that are working on less complex infrastructure improvements.
I support the introduction of a risk-based review process but request that TWDB clarify how risk will be assessed and whether smaller, lower-risk projects in communities like ours will benefit from streamlined approvals. This could greatly reduce the burden on small towns with limited resources.
4. General Complexity of Application Process:
The TWDB's rules propose certain requirements related to preliminary engineering reports, environmental assessments, and documentation (Sections 363.12 - 363.14). Complicated application processes disproportionately affect small communities. I ask that TWDB consider simplifying the application process for smaller communities near high-growth areas like Austin who are struggling to keep up with the growth incurred by the policies of a neighboring metro at record speeds. Complex requirements such as environmental assessments and detailed engineering reports can be a significant hurdle for small municipalities with limited staff and resources. Creating a specific section within these rules that streamlines support for such communities would enhance participation in these vital programs.
5. New Section for High-Growth Adjacent Communities:
I recommend the addition of a section within the TWDB rules that specifically prioritizes financial assistance for small communities near high-growth areas. These communities face unique infrastructure challenges due to rapid regional development, and targeted support would help ensure their continued access to essential water services. Communities like Lago Vista are seeing residential growth, but not commercial growth, and this burden is being placed on our property owners whose City Council is unable to affect the policies of a neighboring metro spurring that growth.
By focusing on these key areas that would make TWDB funding more accessible and supportive of smaller communities like Lago Vista, I would fully support the proposed rule changes, and I thank you for your time and dedication to the citizens of Texas.
Sincerely,
Shane R. Saum
Lago Vista City Council Place 1
I submitted the public comments below in response to the currently proposed Texas Water Development Board proposed rules on Financial Assistance Programs and the Clean Water State Revolving Fund. I highly encourage you to copy and paste the body of this text into your own letter and email your document or letter within the body of the email to rulescomments@twdb.texas.gov by September 29th, 2024 with the Subject "TWDB Proposed Rules for 363.2, 363.12, 363.13, 363.14, 363.17, 363.19, 363.33, and 363.41"
We must continue to work with the TWDB on finding ways to ensure communities like Lago Vista are considered when they make updates to these financial assistance programs, whether that is through the rule making process, in public hearings or legislatively. Your voice can make an impact and I thank you for considering this initiative.
September 12, 2024
Office of General Counsel
Texas Water Development Board
P.O. Box 13231
Austin, Texas 78711-3231
Subject: TWDB Proposed Rule Amendments to 363.2, 363.12, 363.13, 363.14, 363.17, 363.19, 363.33, and 363.41
Dear Mr. Harden,
In reviewing the proposed TWDB rules and considering their potential impact on smaller communities like Lago Vista, there are a few key points I would like to address, especially in the context of opportunities for financial assistance. I thank the Texas Water Development Board for their work to help ensure Texans have access to adequate, clean, and affordable water supplies. I appreciate the opportunity for the public to weigh in on these proposed rule changes and I look forward to working with you to continue advocating for smaller communities like Lago Vista. Please see me comments below:
1. Audit Requirement:
The proposed rule updates the requirement for audit submissions for applicants receiving financial assistance (Section 363.12). Specifically, it mandates an annual audit prepared by a certified public accountant unless an alternative accounting method is approved.
- Potential Concern: For small communities like Lago Vista, the cost of preparing a full audit by a CPA could be burdensome. While I support efforts to ensure fiscal responsibility, I urge TWDB to allow smaller communities the flexibility to submit their existing financial statements, as many small municipalities may lack the resources for a full audit by a CPA. An alternative approval method should be clearly outlined to reduce potential barriers for these communities.
2. Waiver of Rules:
Several sections allow the TWDB Board to waive or modify requirements (Sections 363.13, 363.14, 363.41). The specific language used is “The board may waive or modify the requirements of this section for any program or category of applications covered by this subchapter.” While this provides flexibility, the lack of clear criteria for when waivers or modifications might be granted can cause uncertainty and provide an argument for some of an unfair process if a waiver or modification leads to one applicant receiving assistance over another.
- Potential Concern: Unclear waiver rules could lead to inconsistency in decision-making and disadvantage smaller towns. I request that the TWDB provide clear criteria for when and under what conditions the Board will waive or modify requirements. Small communities like ours, with limited resources, could be disproportionately impacted by such ambiguities, and clearer guidelines will help ensure fairness and transparency.
3. Risk-Based Review:
The proposed rules introduce a risk-based review method for items like engineering designs (Section 363.41). This could streamline processes for smaller communities, depending on how risk is defined and assessed. If this risk-based review benefits lower-risk projects, it could make the process easier for small towns that are working on less complex infrastructure improvements.
I support the introduction of a risk-based review process but request that TWDB clarify how risk will be assessed and whether smaller, lower-risk projects in communities like ours will benefit from streamlined approvals. This could greatly reduce the burden on small towns with limited resources.
4. General Complexity of Application Process:
The TWDB's rules propose certain requirements related to preliminary engineering reports, environmental assessments, and documentation (Sections 363.12 - 363.14). Complicated application processes disproportionately affect small communities. I ask that TWDB consider simplifying the application process for smaller communities near high-growth areas like Austin who are struggling to keep up with the growth incurred by the policies of a neighboring metro at record speeds. Complex requirements such as environmental assessments and detailed engineering reports can be a significant hurdle for small municipalities with limited staff and resources. Creating a specific section within these rules that streamlines support for such communities would enhance participation in these vital programs.
5. New Section for High-Growth Adjacent Communities:
I recommend the addition of a section within the TWDB rules that specifically prioritizes financial assistance for small communities near high-growth areas. These communities face unique infrastructure challenges due to rapid regional development, and targeted support would help ensure their continued access to essential water services. Communities like Lago Vista are seeing residential growth, but not commercial growth, and this burden is being placed on our property owners whose City Council is unable to affect the policies of a neighboring metro spurring that growth.
By focusing on these key areas that would make TWDB funding more accessible and supportive of smaller communities like Lago Vista, I would fully support the proposed rule changes, and I thank you for your time and dedication to the citizens of Texas.
Sincerely,
Shane R. Saum
Lago Vista City Council Place 1
