Section 655.85 - Required Information in Applications(a) All applicants, whether requesting a loan or a grant, must provide the information described in this section. Failure to provide the information or failure to fully disclose any material fact concerning the subject matter of the required information items shall be grounds for rejection of the application. Knowing concealment of material facts concerning the subject matter of the required information items shall be grounds for refusal to consider any further application submitted by the applicant or under which the applicant would participate or receive a direct financial or regulatory benefit. Applicants may include additional information relevant to the subject matter of the application.(b) Applicants shall include a statement that the proposed project complies with all applicable federal and state law, including in the statement the following: (1) description of any federal, state, and/or local air quality or alternative fuel related programs in place or planned for the area and reasonably anticipated to be initiated within three years of the application date;(2) identification of the area's air quality status, as determined by the EPA and provided for in the 42 United States Code §7407, Clean Air Act, §107. In the absence of an EPA designation of attainment or nonattainment, the Texas Natural Resource Conservation Commission may be used as a resource for determining the air quality of the area. This information should include a discussion of the mobile source contribution to the area's air quality problem.(3) All applicants must articulate a "statement of project" including: (A) detailed description of relevant qualifications of the project's key personnel;(B) detailed description of applicant's past performance and experience with similar projects;(C) detailed description of applicant's quality control/assurance plan;(D) detailed description of applicant's proposed schedule for reporting the project's progress to the council;(E) detailed project budget, including description of the source of all fuel, equipment, labor, and facilities;(F) detailed description of equipment to be used and the method used to select the equipment;(G) overview of pertinent local alternative fuel related activity, such as active gas utilities, vehicle conversion centers, university programs, and others;(H) overview of existing and planned refueling infrastructure availability for the area;(I) clear identification, whenever applicable, of the applicant as a historically underutilized business, individual with low income, health care facility, minority-owned business, or women-owned business, and, whenever applicable, identification of applicant's employment of historically underutilized business for project-related services;(J) detailed discussion of other public and private funding options available to the applicant;(K) discussion of the applicant's current fleet composition and proposed compliance with the requirements of applicable federal and state fleet composition requirements;(L) identification of matching fund availability, from the applicant's own revenue or from other sources, including signed letters of intent;(M) identification of the applicant as a local political subdivision whose other funding option would be local tax revenues or general revenue funds;(N) evidence of economic feasibility of the project including a demonstration of the ability to repay any loan principally from fuel savings, life-cycle savings, or other operating revenues;(O) a statement of a project's eligibility for SIP credits. An entity subject to SIP requirements which requests funding for a project in a nonattainment area subject to SIP requirements must show eligibility for SIP credit for that project; and(P) if an application is made for oil overcharge funds, a statement establishing the project's compliance with all applicable laws relating to such funds.(4) The council may require any additional information it deems appropriate.31 Tex. Admin. Code § 655.85
The provisions of this §655.85 adopted to be effective February 11, 1994, 19 TexReg 628.