ITEM 2.18 NO ORDER ISSUED - SEE OFFICIAL COURT REPORTER TRANSCRIPT COMMISSIONERS' COURT AGENDA, MONDAY, APRIL 12, 1999 - 9:OOA.M. CONTINUED DISCUSSION ON SOLID WASTE GRANT COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Buster Baldwin ~ OFFICE: Commissioners Court MEETING DATE: April 12, 1999 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss Solid Waste Grant. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Pct. #1 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. TRRCC February 16, 1999 ~ ' S ~ ~ ~ p 5 v I1 I ~ ~o~, ~ ~5 ~ ~~ C~`c ~-. rJ~.0..> REGIONAL SOLID WASTE GRANTS PROGRAM FY 2000/2001 Funding Plan Draft ~~ Q r ~J~ AA~~~ Planning Section, Registration and Evaluation Division printed on recycled paper TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TABLE OF CONTENTS INTRODUCTION AND GOALS OF THE PROGRAM ............................... 1 II. ALLOCATION FORilIULA ..................................................1 A. Allocation Method ...................................................1 B. Allocation Table .....................................................2 III. REGIONAL COORDINATION PROGRAM ...................................... 2 A. Solid Waste Advisory Committees ...................................... 3 B. Technical Assistance .................................................3 C. Outreach, Education, and Training ..................................... 3 D. Regional Planning, Closed Landfill Inventory, and Data Collection Analysis .. 3 E. MSW Facility Permit Application Review ................................ 4 F. Other Regional Activities ............................................. 4 IV. IMPLEhIENTATION PROJECT SELECTION PROCESS ............................. 4 A. Funding Plan .......................................................5 B. Competitive Selection Process .......................................... 5 C. Private Industry and Competitive Advantage Issues ....................... 6 ~'. I~IPLEbIENTATION PROJECT FUNDING STANDARDS ............................ 6 A. Eligible Entities .....................................................6 B. Project Categories and TNRCC Priorities ............................... 7 C. Funding Restrictions ................................................12 ~'I. IMPLEMENTATION PROJECT ADJIINISTRATION PROCESS ...................... 13 A. TNRCC Role .......................................................13 B. COG Role ..........................................................14 ATTACIiMENT A Draft FY 2000/2001 Funding Allocation TEXAS NATURAL RESOURCE CONSERVATION CO~iD1ISSION FY 2000/2001 REGIONAL SOLID WASTE GRANTS PROGRAM FUNDING PLAN I. INTRODUCTION AND GOALS OF THE PROGRAhI In 1995, the Texas Legislature enacted House Bill (HB) 3072, resulting in a significant change in the state's solid waste grants program, which is administered by the Texas Natural Resource Conservation Commission (TNRCC). As directed in §361.014 of the TX. Health & Safety Code, one-half of the Municipal Solid Waste (MSW) fee revenue collected by the TNRCC is dedicated to grants to support regional programs and local projects consistent with the regional solid waste management plans prepared by the Councils of Governments (COGs). All solid waste grant funds from the TNRCC will be allocated to the COGs in the state's 24 planning regions. Under the FY 2000/2001 program, the COGS will continue to be funded to maintain a regional coordination role as well as administer a local pass-through grant program. The COGS will be asked to establish regional priorities for use of the grant funds, based on the each COG's regional solid waste management plan, and consistent with TNRCC's updated priorities and the goals of the 1997 State Municipal Solid Waste Management Strategic Plan (SFR-042). The TNRCC's FY 2000/2001 priorities for use of the funds include: A. Support for regional coordination and planning, to include amendments to Regional Sotid Waste Management Plans, where necessary, and completion and maintenance of the Closed Landfill Inventory within each region. B. Funding for local projects in support of state, regional, and local solid waste management goals. The TNRCC's project funding priorities* include: 1. Addressing illegal dumping through local enforcement programs 2. Achieving state and regional waste reduction goals through continued support for source reduction and recycling programs 3. Development of Local Solid Waste Management Plans 4. Addressing rural solid waste collection needs through support for Citizens' Collection Stations in rural, under-served areas *Note -Additional project categories, as outlined herein, will continue to be eligible. II. ALLOCATION FORMULA A. Allocation Method Per § 361.014 of the Texas Health & Safety Code, the TNRCC is to allocate the solid waste grant funds among the state's 24 COGS according to a formula established by the commission that accounts for population, area, solid waste fee generation, and public health needs. For the FY 2000/2001 biennium, the TNRCC will use the same approach as was used during the first two grant bienniums, and as outlined below. Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 1 1. Grant Period Grants will beprovided on atwo-yeaz (biennial) basis, beginning September 1,1999, and ending August 31, 2001. 2. Allocation Formula The TNRCC will use the same percentages as in the previous grant yeazs to apply to the four required allocation factors. a. Population (33%). Using the latest population estimates for each region from the Texas State Data Center. b. Area (25%). Using the 1990 Census infonmation on geographic azea (15%) and the number of cities and counties in each region (10%). c. Solid Waste Fee Generation (33%). Using the information from the TNRCC for the last full fiscal year (FY 1998) on the fees generated by permitted MSW facilities located within each planning region. d. Public Health Needs (9%). Using the 1990 Census figures in the number of persons in poverty within each region. The funding allocation derived from the factors outlined above will be adjusted to ensure that each planning region receives a minimum of $150,000 per year of the grant funds. The funds necessary to ensure this base level of funding will be shifted from other COGS, according to a plan developed by the COGS. B. Allocation Table The draft FY 2000/2001 allocation is attached as Attachment A, and is an estimation of the distribution of funds to the state's 24 COGs. The budget amounts will not be final until after the Texas Legislature approves the FY 2000/2001 appropriations. III. REGIONAL COORDIIVATION PROGRAM The TNRCC will continue funding for the COGS to maintain a regional coordination and planning role, in addition to the COGS' role in administering pass-through funding for local and regional implementation projects. The primary change to the program for FY 2000/2001 will be to authorize, if needed, the COGS to prepare amendments to their adopted regional solid waste management plans. Also, the COGS will be authorized to use grant funds to complete and s maintain the statutorily-required inventory of closed municipal solid waste landfills as part of the regional planning program, and to conduct the required landowner notification and deed recordation activities . Regional Solid Waste Grants Program - FY 2000!2001 Funding Plan Page 2 A. Solid Waste Advisory Committee Each COG will be required to maintain a Solid Waste Advisory Committee (SWAG). The committee will meet at least quarterly to discuss solid waste management activities in the region, solid waste management issues important to the region, new laws and regulations, opportunities for grants and other funding, and other issues of concern. The SWAG will operate in accordance with standards established by the TNRCC contract and under written by-laws approved by the COG's governing body. The current SWAG guidelines are being reviewed to ensure that the SWACs have sufficient representation by private industry and non-profit solid waste service providers. B. Technical Assistance The COGS will be authorized to provide technical assistance, conduct informational programs, participate in civic and community presentations, and otherwise provide assistance to entities and individuals within the region on issues pertaining to solid waste management. C. Outreach, Education, and Training The COGS will continue to serve as a central point of contact for solid waste management outreach, education, and training programs, to include serving as a regional contact for notices and information to the public, as requested by the TNRCC. The COGS may also conduct these activities to support the goals and objectives of their regional solid waste management plan. In addition, the COGS will maintain a regional collection of solid waste information and reference materials and provide the public access to those materials. D. Regional Planning, Closed Laadfill Inventory, and Data Collection and Analysis 1. Plan Updates Each COG will be asked to prepare an update of the basic data and information in their regional plan, according to a format provided by the TNRCC. The next update will be due in February 2001. 2. Plan Amendments Each COG will have the opportunity to prepare a full amendment to its regional solid waste management plan. The decision to amend the plan must be included in the application for grant funding. Also, it should be noted that TNRCC will probably not authorize use of an outside consultant for the majority of the plan amendment work. Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 3 Before the COGs begin «~ork on any plan amendments, the TNRCC may review and revise the planning guidelines, particularly to better address local input on facility siting issues. Also, any statutory changes by the Legislature will be incorporated into the planning guidelines before work begins on any plan amendments. 3. Closed Landfill Inventory Grant funds will be authorized for continued work by the COGS on the closed landfill inventory, as well as for the landowner notification and deed recordation process. 4. Other Data Collection and Analysis Each COG will be authorized to use grant funds to conduct additional solid waste management data collection activities and analyses to maintain current data and information concerning the status of municipal solid waste management activities in the region. E. MSW Facility Permit Application Review Each COG will review permit applications for municipal solid waste management facilities, with input from the Solid Waste Advisory Committee, for conformance with the adopted regional solid waste management plan for that region. The determination of conformance will be provided to the TNRCC to assist in the review of the permit application. F. Other Regional Activities In the application for grant funding for the FY 2000/2001 biennium, the COGS may propose additional regional activities, such as special coordination projects, to support the goals and objectives of their regional solid waste management plan. These activities will be evaluated on a case-by-case basis for approval by the TNRCC and inclusion in the grant contract. IV. IMPLEMENTATION PROJECT SELECTION PROCESS In addition to the regional coordination and planning activities, grant funds aze to be used to support local and regional projects consistent with the adopted regional solid waste management plans. The COGS will select projects for funding using a standazd selection process set forth in the grant contract. Note that some changes are proposed to strengthen the process for considering private industry issues. Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 4 A. Funding Plan Prior to conducting a competitive project selection process, each COG will need to develop a funding plan for the FY 2000/2001 regional solid waste grants program, with input from their Solid Waste Advisory Committer. The COG will present the funding plan to the public, through the public meeting process, and will accept input on the proposed grant categories and funding plan for the region. The funding plan may be revised as a result of the public meeting process, and the COG governing body will then need to approve the final funding plan prior to submission to the TNRCC for acceptance. If a COG intends to make changes to the implementation project categories or funding plan for FY 2001, then the COG will need to hold additional public meetings to allow for public inpu[ on the revised plan, prior to the FY 2001 competitive project selection process. The COGS will respond to questions or problems with the funding plan identified by the TNRCC, and may not begin the project application and selection process until authorized in writing to do so by the TNRCC. B. Competitive Selection Process The COGS will conduct a competitive project selection process to include the issuance of an Request for Applications (RFAs) with direct public notification to eligible applicants in the region. This process will include: a RFA; screening for eligibility; review and ranking of proposals by the SWAC; and selection of projects by the COG Governing Body. Initial project selections will continue to be made by the SWAC, with approval of the selections by the COG governing body. The TNRCC will provide the COGS with specific provisions for the selection process and recommendations for ranking and scoring of applications. If a sufficient number of projects aze not selected under the competitive project selection or when additional funds become available, the COGS will be allowed to identify additional projects without conducting another competitive project selection process. Those additional projects must still be screened for eligibility and private industry must be given the opportunity to review and comment on the applications (under the applicable project categories). Any additional projects would also need to go through the normal approval process at the COG and TNRCC. The TNRCC will respond to any questions during the screening process concerning eligibility. In addition, the TNRCC will continue to review selected implementation projects for eligibility, viability, and efficacy within ten working days of the project summary list submission by the COG. The COGS will work with the TNRCC to respond to questions or concerns regarding any proposed project. Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 5 Another change to the process will be to allow the COGS to conduct one grant selection process for the full two-yeaz implementation project funding. However, if a COG uses this annroach. it must be understood that the Brant funds will continue to be distributed on a guarterly basis usine the same process as in previous grant bienniums. Therefore, the COG would need to include appropriate provisions and safeguards in the pass-through contract and schedule the timing of project reimbursements in relation to financial considerations. C. Private Industry and Competitive Advantage Issues In accordance with Section 361.014(b) of the TX. Health & Safety Code, a project or service funded under this program must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Discussions aze still taking place between the TNRCC, COG representatives, and representatives of private industry to determine if changes are needed to the process for considering private industry issues as part of the project selection process. The COGS will be informed of proposals and agreements that may come from this discussion. V. IMPLEMENTATION PROJECT FUNDING STANDARDS A. Eligible Entities In accordance with Section 361.014(b) of the TX. Health & Safety Code, the grant funds aze authorized for use by local governments and regional planning commissions. Accordingly, the following types of entities located in Texas aze eligible to receive implementation project grant funding: • Cities • Counties • Public schools and school districts (not including Universities or post secondary ~. ~ educational institutions) ~'" ~ Other general and special law districts with the authority and responsibility for water ~ ! ~ quality protection or municipal solid waste management, to include river authorities • Councils of Governments Other types of entities, such as private industry and non-profits, are not eligible to receive a grant. However, the TNRCC encourages public private partnerships through contractual arrangements between the local government receiving a grant and other entities. )n addition, entities located outside of the state are not eligible, even if that entity is a member of the COG (i.e., member counties in another state). Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 6 / ' i ~, ~,~ , B. Project Categories and TNRCC Priorities The TNRCC will establish overall state categories for projects to be funded by the COGS as part of the regional pass-through grant program. The COGS may further define these categories to address their particular regional priorities. The following categories of projects are authorized under this program. The first four categories represent the priority funding areas of the TNRCC. 1. Local Enforcement This category consists of projects which contribute to the prevention of illegal dumping of municipal solid waste, including liquid wastes. Under this category, grant recipients may investigate illegal dumping problems; enforce laws and regulations pertaining to the illegal dumping of municipal solid waste, including liquid waste; establish a program to monitor the collection and transport of municipal liquid wastes, through administration of a manifesting system; and educate the public on illegal dumping laws and regulations. Funding limitations applicable to this category include: a. Grant funds may not be used for enforcement activities related to the illegal disposal of industrial and/or hazardous waste. Instances where industrial or hazazdous waste may be discovered at an investigation site do not preclude the investigation of that site, so long as the funded program is specifically aimed at the illegal disposal of municipal solid waste. b. Grant funds may not be used for either the cleanup of illegal disposal sites nor the transportation and/or disposal of wastes collected at those sites. Note that while this restriction applies to ongoing enforcement programs dealing with illegal dumping, general community cleanup events that may include the cleanup and transportation of general litter and materials may be authorized under a separate category. 2. Source Reduction and Recycling This category includes projects which are intended to provide a direct and measurable effect on reducing the amount of municipal solid waste going into landfills, by diverting various materials from the municipal solid waste disposal stream for recycling or reuse or by reducing waste generation at the source. Activities funded under this category may include: diversion from the waste stream and/or collection, processing for transport, and transportation of materials for reuse and/or recycling; implementation of efficiency improvements in order to increase source reduction and recycling, to include full-cost accounting systems and cost-based rate structures, establishment of a solid waste services ~ enterprise fund, and mechanisms to track and assess the level of recycling activity in the community on a regulaz basis; and educational and promotional activities to increase source reduction and recycling. Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 7 Funding limitations applicable to this category include: a. Programs and projects funded under this category shall have as a goal and be designed to provide a measurable effect on reducing the amount of municipal solid waste being disposed of. b. Any program or project aimed at demonstrating the use of products made from recycled and/or reused materials shall have as its primary function the education and training of residents, governmental officials, and others, in order to encourage support for recycling and reuse efforts. c. Programs aimed at efficiency improvements in the local government's solid waste management system to increase the source reduction and/or recycling of solid waste must be coordinated with the TNRCC. Any program to develop afull-cost accounting system shall utilize the full-cost accounting guidance prepazed by the TNRCC. d. Projects funded under this category may not include programs dedicated to the collection and/or recycling of automotive wastes, to include scrap tires, used oil, oil filters, antifreeze, or lead-acid batteries. This restriction includes the purchase of equipment to shred or split scrap tires. However, this restriction does not apply to the ancillary collection of these materials as part of a comprehensive Household Hazazdous Waste collection facility or program. ~1 3. L cal Solid Waste Management Plans ,~ -:~ This category includes projects to develop and/or amend local solid waste management ~ ~. ~ ~.. ," plans by local governments in accordance with Subchapter D, Chapter 363, TX Health ~_ a & Safety Code, as implemented by TNRCC rule, Subchapter O, 30 TAC Chapter 330. ~ ^'(~' Projects included under this category may include activities to develop and have adopted ,,' ~ ~ by the TNRCC a local solid waste management plan that is consistent with the applicable ,. ~ regional solid waste management plan and the TNRCC rules, or to amend an existing local solid waste management plan that has been adopted by the TNRCC. ~~, w~T Funding limitations applicable to this category include: a. The local planning azea must be consistent with one or a combination of local solid waste management planning subregions identified by the COG in its regional solid waste management plan. b. The local planning azeas should consist of at least one or more counties and the municipalities within those counties. Local planning areas of less than one county in area will not normally be authorized for funding by the TNRCC. Regional Solid Waste Grants Program - FY 2000!2001 Funding Plan Page 8 c. All local solid waste management plans shall be consistent with the adopted regional solid waste management plan, and prepazed in accordance with Subchapter O of the TNRCC MSW regulations (30 TAC• Chapter 330) and the Content and Format Guidelines provided by the TNRCC. d. Funding provided under this category may not be used for final engineering work, designs, or construction plans. e. At least one yeaz should be allowed for the completion and adoption of the local plan. 4. Citizens' Collection Stations and "Small" Registered Transfer Stations ~ MuniC.ip0.~ ~JO~id Was}e This category includes projects to construct MS W collection facilities in azeas of the state that are under-served by collection services or lack public access to proper disposal facilities. Projects funded under this category include citizens' collection stations, as these facilities are defined under the TNRCC's MSW regulations (30 TAC Chapter 330); and construction of small municipal solid waste and liquid waste transfer stations that qualify for registration under §330.4(d) or §330.4(r) of the MSW regulations. Funding limitations applicable to this category include: a. Transfer stations that require a permit from the TNRCC may not be funded. b. Transfer stations that require a registration must have already received that registration from the TNRCC before the grant may be awazded. c. A "small" registered transfer station is defined under §330.4(d) or §330.4(r) of the MSW regulations. Specifically, a municipal solid waste transfer facility may be eligible for registration if it serves a municipality with a population of less than 50,000, or a county with a population of less than 85,000, or is used in the transfer of 125 tons per day or less of MSW. A liquid waste transfer station may qualify for registration if it will receive less than 32,000 gallons a day or less. d. Costs associated with operating a facility once it is completed may not be funded. 5. Household Hazardous Waste (HHW) Management This category includes projects which provide a means for the collection, recycling or reuse, and/or proper disposal of household hazazdous waste, including home chemicals and other materials. Projects may include collection events, permanent collection facilities, and education and public awazeness programs. Funding limitations applicable to this category include: a. Projects under this category must be coordinated with the TNRCC's HHW program staff to ensure that all applicable regulations and guidelines are followed. a.cg,una, Baia waste grants Program - FY 2000/2001 Funding Plan Page 9 b. Funds may not be used for costs related to the disposal of collected wastes. c. Funds may not be used for programs and activities for the collection and management of commercial industrial and hazazdous wastes. 6. Installation of Scales at MSW Landfills This category includes projects for the installation of scales and related equipment for the operation of those scales at a MSW landfill. Projects may include design and engineering work for site improvements necessary for equipment installation, and the purchase and installation of scales and related equipment including computer hazdwaze and softwaze necessary to operate the scales. Funding limitations applicable to this category include: a. Funds may not be used for the operation of a scales system, once the system is installed. b. Funds may only be used for those costs directly related to the purchase and installation of the scales system. Ancillary equipment or facilities, such as a gate house, fencing, road work, or landfill entrances, etc., may only be funded to the extent such work is directly related to the proper installation and operation of the scales. c. Onboard truck scales for solid waste collection vehicles are not eligible for funding. 7. Technical Studies This category includes projects which include the collection of pertinent data, analysis of issues and needs, evaluation of alternative solutions, public input, and recommended actions, to assist in making solid waste management decisions at the local level. Funding limitations applicable to this category include: a. The total funding provided under this category is limited to no more than ten (10) percent of the total two-year grant budget for the COG. b. All technical studies shall be consistent with the adopted regional solid waste management plan and any applicable adopted local solid waste management plan, and prepared in accordance with the Content and Format Guidelines provided by the TNRCC. ~, c. Funding may not be used for final engineering work, designs, or constructions plans. d. A landfill or landfilling may be the topic of a technical study only if it is part of an overall, integrated solid waste management system. Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 10 8. Community Cleanup Events This category includes projects to support periodic community cleanup activities, to include River and Lake Cleanup events and support for the TNRCC's Texas Country Cleanup program. Projects included under this category may include general community cleanup events designed to involve the residents and the community in periodic cleanup of litter and trash within the community. In addition, projects may include River and Lake Cleanup events in cooperation with the TNRCC's River and Lake Cleanup program. These activities include periodic events involving the community to clean up litter and trash along the state's rivers and lakes. Finally, projects may be conducted to support events conducted in cooperation with the TNRCC's Texas Country Cleanup program to collect empty, rinsed pesticide containers and other materials in rural areas which have historically had limited options in handling these types of materials. Funding limitations applicable to this category include: a. Funding under this category is for periodic events involving residents and the community to clean up litter and to collect materials for recycling. Funding may not be provided for ongoing activities aimed at cleanup of chronic illegal dumping sites, major debris removal from waterways, and similar activities that go beyond the scope of general community cleanup activities. b. River and Lake Cleanups and Texas Country Cleanups must be closely coordinated with the appropriate TNRCC cleanup program staff. Prior to developing a proposal for these events, the applicant must contact the TNRCC program staff to discuss potential program activities. c. Agriculture and household chemicals should not be accepted under this program, unless a portion of the grant is also designated for a household hazardous waste collection event, in accordance with the standards and procedures under the HHW project category. Note that the Texas Country Cleanup program is intended to collect empty pesticide containers, and not the unused chemicals. d. Funds may not be used for the disposal of collected wastes. 9. Educational and Training Projects This category is intended to fund educational projects or training events dealing with a variety of municipal solid waste management topics. This category does not include the educational components of projects funded under the other categories. Regional Solid Waste Grants Program - Fl' 2000/2001 Finding Plan Page 11 Funding limitations applicable to this category include: a. Programs and projects funded under this category shall be primazily related to issues involved in the management of MSW and only funded to the extent that MSW issues aze covered by the event or program. C. Funding Restrictions Note that the provisions of the Uniform Grant Management Standards (UGMS) developed by the Governor's Office apply to the use of these funds. In addition to the standazds set forth in applicable statutes and regulations, the standazds outlined below will apply to all uses of the grant funds. 1. Local and regional political subdivisions subject to the payment of state solid waste disposal fees and whose payments aze in arreazs aze not eligible to receive grant funding. 2. Funds may not be used to acquire land or an interest in land. 3. Funds may not be used for prograts dealing with wastes that are not considered municipal solid waste, including programs dealing with industrial or hazardous wastes. 4. Funds may not be used for programs and activities solely related to the management of automotive wastes, to include: scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other special wastes excluded from disposal in MSW landfills. Funds may also not be used for the processing of scrap tires, such as through the purchase of equipment to shred or split the tires. However, collection of these materials may be included as part of a comprehensive household hazardous waste collection and management program, so long as that is not the sole intent of the program. 5. Except as may be specifically authorized under an eligible project category, funds may not be used for activities related to the disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-to-energy); processing for reducing the volume of solid waste which is to be disposed of; any landfill-related facilities, equipment, or activities, including the closure and post-closure care of a landfill; or other activities and facilities associated with the ultimate disposal of municipal solid waste. 6. Except as noted below, funds may not be used for expenses related to projects or facilities that require a permit from the TNRCC and/or that aze located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, and other facilities. This provision, however, may be waived by the TNRCC, at its discretion, for otherwise eligible activities to be located at a closed permitted facility and/or for recycling activities that will take place within the boundazies of an open permitted facility. Recycling activities that may qualify for such a waiver may include recyclables collection, composting, and land application of biosolids for beneficial use. Regional Solid Waste Grants Program - FI' 2000/2001 Funding Plan Page 12 The applicant and/or the COG should request a preliminary determination from the TNRCC as to the eligibility of the project prior to consideration for funding by the COG. 7. Projects or facilities requiring a registration from the TNRCC, and which are otherwise eligible for funding under one of the authorized project categories, may be funded. However, the registration for the facility must be finally received before that project can be awarded funding. 8. In accordance with Section 361.014(b) of the Texas Health and Safety Code, a project or service funded under this program must promote cooperapon between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non-profit entities. 9. Grants may not be used to supplant existing funds. In particular, staff positions where the assigned functions will remain the same and that were active at the time of the grant application, and were funded from a source other than a previous solid waste grant, are ineligible for grant funding. 10. Recipients of funds under this program must comply with all state and local laws and regulations pertaining to the acquisition of goods and services. Competitive processes are encouraged to the extent possible for all purchases using grant funds. In addition, grant recipients are encouraged to participate in the State Cooperative Purchasing Program. VI. IMPLEMENTATION PROJECT ADMIlVISTRATION PROCESS A. TNRCC Role 1. Contracting The grants will be issued under atwo-year contract between the COGs and the TNRCC, beginning September 1, 1999, and terminating on August 31, 2001. 2. Payment Funds will be distributed on a quarterly basis to the COGS, according to the amount of fee revenues received each quarter. The final 5% of the funds will be withheld from this advance distribution process, and the COGS will be asked to submit one or more requests for reimbursement of their final grant expenses. Unspent grant funds will be returned to the TNRCC. Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 13 3. Earned Interest Funds provided to the COGS on an advance distribution basis will need to be placed in a secured account until used. ~ Each COG will be encouraged, but not required, to earn interest on those funds. Any interest earned on the advance payments will be considered program income, and may only be used for additional implementation projects. Any interest remaining unused at the end of the grant term will need to be returned to the TNRCC or, subject to authorization by the TNRCC on a case-by-case basis, the remaining program income may be carried forward into the next biennial grant for continued funding of implementation projects. 4. Monitoring a. Financial The COGS will continue to be required to submit financial status reports to the TNRCC, on a quarterly basis, with appropriate supporting documentation of expenses. In addition, the TNRCC may periodically request additional documentation of expenditures and/or conduct onsite monitoring of program and financial records and internal financial controls of the COG. b. Program The COGS will continue to be required to subnut semi-annual progress reports, on forms developed by the TNRCC, concerning the COGS' performance and documenting the accomplishments of the program tasks and activities. In addition, the TNRCC may periodically conduct onsite program monitoring visits to review additional program records and to discuss program activities. c. Results The COGS will continue to be required to submit annual reports indicating the results of the implementation projects funded within the region. In addition, the COGS will be required to submit afollow-up results report for the FY 1998/1999 funding biennium, at the end of the first fiscal year of the FY 2000/2001 grant (September 2000). B. COG Role 1. Pass-Through Contracts Each pass-through grant will need to be awarded through a contract between the COG and the grant recipient. The TNRCC will identify requirements from the TNRCC contract with the COG which must bepassed-through in the local contracts. Each COG will be responsible for preparing a legally binding contract form for use with its pass- though grants. Regional Solid Waste Grants Program - FY 2000/2001 Funding Plan Page 14 2. Pa~-ment Pa}•ment to the pass-through grant recipients will be on a reimbursement basis only. and no advance payments will be authorized. 3. Monitoring a. Financial The COGS will be required to utilize a standard reimbursement request form and tinancial status report form, and to require pass-through grant recipients to submit expense documentation to ensure that grant outlays aze authorized and reasonable. The TNRCC will provide example forms for use by the COGS. Submission of financial reports will continue to be on a schedule determined by the COG, bu[ at 'east on a quarterly basis. In addition. the COGS must assess the financial risks associated with the local grants and ins[itute controls appropriate to address those risks. In some cases, it may be appropriate for the COG to conduct onsite fiscal monitoring of some grant recipients. b. Program The COGS will be required to include requirements in the pass-through agreement for reporting on the progress of project tasks and deliverables. The TNRCC will continue to provide example forms for use by the COGS. Submission of progress reports will continue to be on a schedule determined by the COG, but on at least a quarterly basis. c. Results The COGS will include requirements in the pass-through grant agreements for tracking and reporting the results of the project, for use in evaluatins the effectiveness of the program. The TNRCC will continue to provide example forms for use by the COGS. Submission of local results reports will be on a schedule determined by the COG, but on at least a quarterly basis. In addition, the COGs should obtain a commitment from each local grant recipient that the local government will respond to yearly surveys and requests for information from the TNRCC regarding the status of recycling and waste reduction activities by that entity. Regional Solid R~aste Grants Program - FY 2000/2001 Funding Plan Page 15 ATTACHMENT A Draft FY 2000/2001 Funding Allocation a N Fq- L W r Q 3 ~ C Q _ O< ~ C `J CU' N O O8 N N >} W LL ,. O`O ems. 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