Common use of Eligible Counties Clause in Contracts

Eligible Counties. Only counties currently participating in the LIRAP Program are eligible to receive funding under HSC §382.220 and this Contract. HSC §382.220 specifies that LIP funds provided under HSC §382.220(a) and “…made available to participating counties under Section 382.202(g) or 382.302, may be appropriated only for programs administered in accordance with Chapter 783, Government Code, to improve air quality. A participating county may agree to contract with any appropriate entity, including a metropolitan planning organization or a council of governments, to implement a program under Section 382.202, 382.209, or this section.” III. ELIGIBLE PROJECTS HSC §382.220(b)states that a project under this section must be implemented in consultation with the Commission and that projects eligible for funding under LIP may include projects to: (1) expand and enhance the AirCheckTexas Repair and Replacement Assistance Program; (2) develop and implement programs or systems that remotely determine vehicle emissions and notify the vehicle's operator; (3) develop and implement projects to implement the Commission's Smoking Vehicle Program; (4) develop and implement projects in coordination with the director of Department of Public Safety for coordinating with local law enforcement officials to reduce the use of counterfeit registration insignia and vehicle inspection reports by providing local law enforcement officials with funds to identify vehicles with counterfeit registration insignia and vehicle inspection reports and to carry out appropriate actions; (5) develop and implement programs to enhance transportation system improvements; or (6) develop and implement new air control strategies designed to assist local areas in complying with state and federal air quality rules and regulations. To be considered eligible, a proposed project must comply with applicable provisions of state and federal laws. Also, project summary forms must be received by the Commission for approval no fewer than 180 days before the end of the fiscal year (FY) during which funds are to be expended, unless the Commission at its sole discretion waives this provision. Unless approved by TCEQ, the costs of work performed prior to the TCEQ signature date on an executed Notice to Proceed (NTP), are not Allowable Costs for reimbursement. If, after execution of this Contract, TCEQ advances funds to the Grantee, Grantee must receive approval for a project and a NTP for that project prior to expending advanced funds. The reimbursement of costs is subject to confirmation by the TCEQ that the expenditure is an Allowable Cost according to this contract. The Grantee will administer and implement the Contract Activities; however, the Grantee may implement the program by subcontracting with an appropriate entity, including a regional council of governments, the metropolitan planning organization in the appropriate region, or with another county. The Grantee must oversee the work of this entity. The participating counties in a non-attainment region or counties participating in an early action compact (EAC) under 30 Texas Administrative Code (TAC) Chapter 114, Subchapter C (relating to vehicle inspection and maintenance; LIRAP; and EAC Counties), may agree to have the money collected in any one county be used in any other participating county in the same region (HSC §382.209(g)). If one county gives any portion of their funding to another county, an agreement should be created between counties recording this transfer of funds and the transfer of funds should be reflected in the program budgets of the affected counties. The transfer of funds does not release the Grantee from any fiduciary responsibilities related to the funding allocated to them. A proposed project that involves more than one county must include a list of participating counties and for each participating county, written authorization, such as a letter, signed by a responsible individual of the county who authorizes use of that county’s allocation of LIP funds and the amount of the county’s allocation to be dedicated to the proposed project. To the extent possible, counties intending to fund projects that generate emission reduction credits to be included in the State Implementation Plan (SIP), should provide documentation, descriptions, computations, or other supporting evidence, demonstrating in detail the emission reduction benefits to be derived from proposed projects in their project summaries. If none are projected, then state “none.” See Attachment A for guidance on submitting evidence for SIP credit.