(a) Basic application. An eligible entity must submit an application to the executive director in a form prescribed by the department. The application must be accompanied by:
(1) an overview of the project, including a description of the project, the total estimated cost of the project, and the proposed use of the requested financial assistance;
(2) the amount of money required to supply the requested assistance, including any reserve funds that must be established and held by the bank for the applicant's benefit, but that may not be expended from the bank;
(3) any proposed pledge of collateral or security and any prior claim to those items;
(4) a description of the need for the project and its potential effect on traffic congestion and mobility;
(5) the most recent offering document for any outstanding debt of the applicant payable from the revenue proposed to be used to repay the financial assistance, along with the financial documents related to that debt, including any master and supplemental resolutions, indentures of trust, and authorizing resolutions, ordinances, or orders, unless previously provided, or if not applicable, other evidence of creditworthiness, provided that the entity may provide any of the information described by this paragraph electronically;
(6) official written approval of the project by the governing body of each entity that may become liable for repayment of any financial assistance;
(7) a binding commitment that the environmental consequences of the proposed project will be fully considered, and that the proposed project will comply with all applicable local, state, and federal environmental laws, regulations, and requirements;
(8) for public roadway projects, a preliminary design study, including:
(9) for transit projects, a preliminary scope study, including preliminary layouts, architectural drawings, equipment specifications, and other information necessary to describe the project fully and to comply with all requirements of the Federal Transit Administration.
(b) Supplemental information and data. Except as provided in subsection (c) of this section, the applicant shall submit the supplemental information and data required by this subsection.
(1) Financial feasibility study. The applicant shall submit a financial feasibility study that includes:
(2) Other financial information. The applicant shall submit the following information, if the information is not provided with the feasibility study:
(3) Project impacts. The applicant shall submit:
(c) Waiver of required information or data. The executive director may waive submission of any individual item of information or data required by this section under either of the following circumstances:
(1) the information or data is not relevant to the project, applicant, or financial assistance requested (in determining the relevance of supplemental information and data, the executive director will consider the complexity and size of the project, the type of infrastructure or asset involved, the type and complexity of financial assistance requested, the complexity of the project's and the applicant's financial status, and how soon transportation benefits will begin); or
(2) the department already possesses information or data in a format that can be substituted for the required information or data.
(d) Requirement of additional information. The executive director may require the applicant to submit explanations and expansions of information or data required by this section. In determining when additional relevant explanations and expansions of information or data will be required, the executive director will consider the complexity and size of the project, the type of infrastructure or asset involved, the type, complexity, and amount of financial assistance requested, and the complexity of the project's and the applicant's financial status.
Source Note: The provisions of this §6.23 adopted to be effective January 8, 1998, 23 TexReg 151; amended to be effective September 19, 2002, 27 TexReg 8775; amended to be effective October 21, 2010, 35 TexReg 9361; amended to be effective June 21, 2012, 37 TexReg 4433