PROGRESS REPORT
TEXAS COLONIAS SUB-GROUP
June 1992 - July 1993
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ACKNOWLEDGEMENT
The progress of the Texas Colonias Sub-group would not have
been possible without the generous participation of the
leadership, management and staff of the participating State
and Federal agencies.
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Progress Report
Texas Colonias Sub-Group
I. Purpose of the Texas Colonias Sub-group
Thetpurpose of the Texas Colonias Sub-group is to develop
an integrated and coordinated approach to implementing
financial and technical assistance for drinking water and
wastewater infrastructure in the colonias along the
Texas/Mexico border.
II. Progress Report Summary
The Texas Colonias Sub-group has been a successful vehicle
for integrating State and Federal agencies involved in
financing drinking water and wastewater infrastructure for
the colonias.
The Sub-group has also been successful in providing
information to political subdivisions and colonia
residents.
III. Background
Colonias are generally rural neighborhoods and
unincorporated subdivisions in or near cities in Texas and
New Mexico along the U.S. - Mexico International Boundary.
Colonias are characterized by substandard housing,
inadequate plumbing and sewage disposal systems, and
inadequate access to clean water. They are highly
concentrated, impoverished and legally isolated from
neighboring cities. The common thread is the potential and
immediate health threat due to inadequate or lack of safe,
potable water and sewage disposal.
There are approximately 1,193 colonias in Texas along the
border with an estimated population of 279,863. Of this
total, 165,616 or 59.2% reside in the four lower Rio Grande
valley counties of Cameron, Willacy, Hidalgo and Starr.
Hidalgo county has the highest identified population of
109,337 or 39% of the total colonia population. El Paso
county, on the upper Rio Grande, has the second largest
population with 47,827 or 17% of the total colonia
population. Population densities range up to 23 persons
per acre.
The Texas Water Development Board needs survey produced
preliminary cost estimates for water and wastewater in the
colonias. The total estimated cost to provide water and
wastewater services to the colonias is approximately $696
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million (1992 dollars). Of this total, approximately $147
million is needed for water service and $467.3 million for
wastewater service. The estimate also includes $80.8
million for connection fees and indoor plumbing
improvements needed by existing colonia residents.
IV. Agencies Participating in the Colonias Sub-group
The Texas Colonias Sub-group is chaired by the
Environmental Protection Agency (EPA) and is composed of
representatives from: the U.S. Department of Housing and
Urban Development, the U.S. Department of Agriculture -
Farmers Home Administration (FmHA) and the Rural
Development Administration (RDA), the International
Boundary and Water Commission (IBWC), the Texas Water
Development Board (TWDB), the Texas Department of Housing
and Community Affairs (TDHCA), the Texas Water Commission
(TWC), the Texas Department of Health (TDK), the
Governor's Border and Immigration Issues Office and, just
recently, the Texas Attorney General's Office, Consumer
Protection Division.
V. Texas Colonias Sub-group Activities
Information Exchange
The Texas Colonias Sub-group has provided a forum for
Federal and State agencies involved in providing drinking
water and wastewater funding assistance to the colonias to
become aware of the extent of each agency's area of
interest and program requirements. The Sub-group
represents an opportunity to know the resources _ of each of
the agencies and work toward solutions cooperatively on a
continuing basis. The Sub-group meets, generally monthly,
to exchange information. Summaries of the meetings held
to-date appear in Appendix A.
Two management tools were created to assist in attaining
the objectives of the Sub-group. A matrix which delineated
each agency's authority and eligibility criteria (see -_
Appendix B) and a consolidated project list (see Appendix
C).
The matrix was initially used to depict each agency's
requirements and limitations. This information has been
incorporated into brochures (see Appendix D.) for use in
explaining the programs to the public.
The project list indicates the funding agency, amount_of
assistance, the stage of assistance from pre-application
through construction, and whether the project involves
water or wastewater facilities. Each agency in the Texas .
Colonias Sub-group with funding authority provides input to
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the Consolidated Project List.. The list provides a tool to
show what colonia water and waltewater projects are
expected, which projects are in planning or under
construction and the list can assist in coordination
between interested agencies.
The Sub-rgroup has facilitated networking between the staff
of the funding agencies for project-by-project
coordination. Regular meetings of the Sub-group, generally
monthly, have engendered a cooperative spirit among the
members. It is recognized that more can be accomplished
working together than working separately. Continued contact
between the funding agencies is encouraged to develop
comprehensive and cost effective solutions.
Communication, whether on a formal or an informal basis,
has enhanced coordination between agencies and provided a
mechanism for more comprehensive solutions to the water and
wastewater problems in the colonias. Continued contact
between the funding agencies will forge comprehensive and
cost effective solutions, as an example, the Farmers Home
Administration and the Texas Water Development Board
coordination of projects in the lower Rio Grande valley.
The sharing of project related information between State
and Federal agencies has been a major effort of the Sub-
group. The project status report is updated, at least
monthly, with current information as provided by FmHA/RDA,
TDHCA and TWDB. This project status report serves as the
primary coordinating tool between the agencies and provides
information on drinking water and wastewater projects in
the pre-application stage, application stage, planning
stage and under construction. At this time (July 1993),
approximately 95 projects representing over 150 colonias
are being reported.
A coordinated approach to providing assistance will reduce
the duplication of effort and target funds from agencies
with unique authorities to the proper applicants. This
coordinated approach may also reduce the confusion at the
local level concerning the myriad of assistance programs
and application requirements.
Outreach to Colonias and Local Government
In an effort to assure that the colonias residents and
local officials were aware of available financial
assistance, the Sub-group sponsored a series of workshops
at five border locations. These workshops provided local
leaders and colonias residents with information and options
for funding assistance. Colonias residents, local
government and non-governmental organizations were invited
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to the five workshops to be informed of the various
assistance programs available from State and Federal
agencies. Brochures (see Appendix D) were prepared and
distributed that described the programs available for water
and wastewater assistance to the colonias, including a bi-
lingual brochure for individuals, describing assistance
available to the residents of the colonias.
The 1993 Texas colonias workshops were conducted in El Paso
on April 8, in Eagle Pass on April 15, in Laredo on April
22 and in Harlingen and Rio Grande City on April 29. The
Department of Housing and Urban Development funded the use
of a consulting firm through an existing contract to assist
the Sub-group. The consultant, The Communications Group
(TCG), assisted by providing logistic and coordinating
services for the workshops. News releases and public
service announcements were sent to area newspapers,
television and radio stations. Follow-up calls were made
to confirm receipt of the material. Translation services
were available at each location. Local reaction to the
workshops was very positive. Local attendees were
appreciative of the effort by the members of the Sub-group
to familiarize them with the various and sometimes
confusing assistance programs.
Two general subject areas were voiced as common concerns by
workshop attendees that are related to the Sub-group's
interests. The effect of the lack of platting in the
colonias and what can be done to address the immediate lack
of sanitation services during the implementation of the
infrastructure support.
The lack of platting was a common problem expressed during
the workshops. It was stressed at the workshops that
platting is no longer a requirement for eligibility_of any
of the agencies' water and wastewater financial assistance.
Without platting, however, subdivision improvements cannot
be properly accomplished. This is a responsibility and
task that has fallen on the counties in order to be able to
bring in water and wastewater systems, roads, paving and
drainage. Until recently, there were no funds to help pay
for platting costs. However, in 1992, amendments to the
Cranston-Gonzalez Affordable Housing Act added platting as
an eligible activity.
It was also noted that the lack of approved development and
platting becomes a critical issue when a city is under
pressure to annex an area with colonias. If the city_does
annex a colonia subdivision it then incurs the financial
responsibility for platting in order to provide water,
sewer and other services. Even when the area is platted,
there is a need to determine rights of way and easements,
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all of which is a costly undertaking. Understandably,
cities and counties are hesitarit to assume such a burden
when their resources are already strained.
The second concern was the issue of what intermediary
measures could be taken during the implementation of the
infrastructure support. Based on the fact that almost all
of colonia residents are living with unsafe drinking water
in barrels and cans and with unsanitary, overflowing
cesspools, the residents specifically requested regulatory
flexibility and funding assistance to drill water wells and
to construct septic tanks.
At issue were governmental restrictions on the drilling of
wells for community use, and the building of septic tanks.
Some participants seemed to feel that since these systems
were practical in former rural settings, they should be
allowed now. It was explained that these regulations are
meant to protect the health and welfare of individuals
using or living near such systems and therefore must be
enforced. These systems, when used for more than one
household or in high density areas are no longer as safe as
they were when they were built and used in sparse rural
areas by individual households or farms. It was pointed
out that a water well that serves more than one family
could become, or be viewed as, a water authority with all ,
of the applicable rules and regulations.
The Sub-group will explore the issue of intermediary or
phased support for potable water and wastewater disposal
during the implementation of the infrastructure support.
There is a need that has been identified because the
potential or immediate health threat from unsafe water
containers and inadequate sewage disposal continues to
exist during the implementation of the infrastructure
support.
Technology Transfer
The Sub-group is in unique position to sponsor, or aid
others, in conducting technical workshops and seminars on
cost-effective, technology-based, approaches to the water
supply and wastewater treatment issues in the colonias.
The Sub-group will provide a forum for State and Federal
agencies to share information on comprehensive and
affordable solutions. The information may concern low cost
technology or local management structures.
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V. Continuing and Future Activities
The agencies represented in the Sub-group will continue to
coordinate project-by-project activities. The Consolidated
Project List will be used to facilitate the coordination.
The outreach and marketing effort for colonias assistance
will be continued. Colonias residents and local leaders
need information on funding assistance options.
The Sub-group will continue to provide a forum for
information on unique or innovative technology applicable
to the colonia environment.
Regional solutions to water and wastewater service will be
encouraged. Cities with adjacent colonias should be
encouraged to provide services where it would be more cost
effective to increase treatment capacity of existing
facilities than to build new plants.
The Sub-group will pursue ways of implementing intermediate
solutions until the permanent water and wastewater
infrastructure can be built.
The Sub-group will pursue means that will increase
compliance with the model subdivision rules and the
platting and recording requirements. These may involve
supporting or encouraging more aggressive local
enforcement, review of existing rules or regulations and
modify or add stipulations/conditions to financial
assistance instruments.
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APPENDIX A
TEXAS COLONIAS SUB-GROUP
MEETING SUMMARIES
June 1992 -July 1993
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TEXAS COLONIA SUBGROUP MEETING
MINUTES
JUNE 10, 1992
TEXAS WATER DEVELOPMENT BOARD
AUSTIN, TEXAS
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The first Texas Colonia Sub-Group meeting was held on
June 10, 1992, in the Texas Water Development Board Conference
Room in Austin, Texas.
The attendees were:
Oscjar Cabra Jr.
Harold (Dick) Smith
Marvin Waters
Yusuf Farran
J. Gary Lightsey
Wayne Thorburn
R.D. Smith
Roy Moeller
David Juarez
Fernando R. Escarcega
Tom Brown
Gary Bechtor
Todd Chenoweth
EPA
EPA
EPA
IBWC
FmHA
HUD
HUD
TWDB
TWDB
TWDB
TWDB
TWDB
TWDB
INTRODUCTION
Mr. Cabra opened the meeting with an overview of the Border Plan
Work groups and Sub-groups. He stated that there were six major
work groups to address the environmental issues of the Border Plan.
These six major work groups are:
1) Air - chaired by Region 9
2) Hazardous Waste - chaired by Region 6
3) Water - chaired by Region 9
4) Enforcement - chaired by EPA Headquarters
5) Emergency Response - chaired by EPA Headquarters
6) Pollution Prevention - chaired by Region 6
There are six sub-groups of the Water Work Group in Region 6.
They are:
1) Texas Surface Water Quality
2) Ground Water Protection
3) Public Water Supply
4) Texas Colonias
5) Laredo/Nuevo Laredo Wastewater Treatment Project
6) New Mexico Colonias
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The core members of the Texas Colonias sub-group are:
The U.S. Environmental Protection Agency
Farmers Home Administration
International Boundary & Water Commission
Texas Water Development Board
Texas Water Commission
Texas Department of Health
The U.S. Department of Housing and Urban Development
In addition, the EPA Border Environmental Plan Public Advisory
Committee was mentioned. The functions of the EPA Border
Environmental Plan Public Advisory Committee are: 1) to serve as
conduits for the public dissemination of information concerning
specific projects and programs pursued under the Plan; 2) together
with the Plan and with the Coordinators, serve as a clearing house
for the receipt of public comments from area residents and others
related to the Plan and its implementation; and, 3) promote
community relation activities and right-to-know policies.
Attached is a copy of the News Release identifying the members of
the committee/ a copy of the New Mexico Environment Department's
draft Report titled " Water and Wastewater Disposal Needs of
Colonias in New Mexico", and a copy of the directory of the
Region 6 sub-groups.
PURPOSE OF MEETING
The purpose of this meeting was highlighted by Mr,
twofold:
Cabra. It was
To develop an integrated and coordinated approach when
providing financial assistance to the Colonias, because it is
anticipated that during implementation of the Border Plan,
obstacles to funding the Colonias' needs will arise that will
require the sub-group to deliberate and resolve how best to
expedite financial assistance to the Colonias consistent with
the Border Plan.
To agree upon the best approach for establishing coordinated
efforts involving all sub-group member agencies. A group
consensus reflected that a MOA or MOU should be developed and
should recognize local officials roles and responsibilities.
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Other subject areas were discussed:
CRITERIA FOR COLONIA ELIGIBILITY
• EPA believes there is a need to establish a matrix of colonia
eligibility criteria as identified by all participating
agencies. EPA drafted such a matrix from information
contained in the TWDB Colonia Plumbing Loan Program, TWDB
Economically Distressed Areas Program, and as best determined,
the HUD County District Block Grant Program. The development
of the matrix will help the sub-group with an integrated
approach in providing assistance to the Colonias. Sub-group
members will submit their respective eligibility criteria for
financial assistance to the Colonias to EPA within two weeks
from the date of this meeting.
PRIORITIES AND PRIORITY SYSTEMS
EPA's concern is how to expedite assistance to the Colonias.
EPA's 1993 budget includes $50 million for wastewater needs
for the Colonias, FmHA will provide $25 million in 1993 for
water projects, and HUD has set-aside $5.7 million for Colonia
assistance. With all these different funding sources, the
sub-group will need to identify a program "Pooling Scheme" for
both water and wastewater assistance so that we (participating
agencies) can maximize the efficiency of the tax payer's
dollar. HUD representatives requested that the local
officials need to be involved in the coordinating efforts of
the agencies and that it should be up to the local official
to identify the assistance priorities in the Colonias.
Sub-group members will submit their ideas and recommendations
on the "Pooling Scheme" concept of each agency's authority to
assist the Colonias to EPA within two weeks from the date of
this meeting.
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COLONIA DEMONSTRATION PROJECT
Valle Escondido Colonia in Cameron County was selected by the
sub-group as the "Demonstration Project" that will consider
the construction of a Microbial Rock Filter Plant as the
Colonia's wastewater treatment plant. The initial design
concept was to provide wastewater treatment only .to
40 homes; however, the sub-group recommended that additional
capacity be provided for future growth. This project will be
the demonstration model of a "solution to a wastewater problem
in a Colonia." IBWC will design, construct, and operate the
wastewater plant for the first 3 years of operation.
Since EPA will not be able to provide any funds until the
early part of 1993 for the demonstration project, the TWDB
will investigate if EDAP funds can be made available to a
Federal Agency.
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TEXAS COLONIA SUB-GROUP MEETING
SUMMARY
SEPTEMBER 2, 1992
TEXAS WATER DEVELOPMENT BOARD
AUSTIN, TEXAS
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The second Texas Colonia Sub-Group meeting was held on September
2, 1992, in the Texas Water Development Board Conference Room in
Austin, Texas.
The attendees were:
Oscar Cabra Jr.
Terry J. Turner
Wendy Gordon
Anthony Bennett
Ruth Cedillo
Fernando R. Escarcega
Todd Chenoweth
Neal Sox Johnson
J. Gary Lightsey
Kathy Little
Gay Erwin
Sandra Martinez
Sally Gutierrez
- U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
- Texas Water Commission
- Texas Water Commission
- Texas Dept. of Housing & Comm. Affairs
- Texas Water Development Board
Texas Water Development Board
Farmer's Home Administration
- Farmer's Home Administration
Senator Bentsen's Office
Senator Bentsen's Office
Governor's Office
Texas Department of Health
INTRODUCTION
Four binational work groups have been working since 1983 to
implement the terms of the 1983 joint Mexican-U.S. comprehensive
Border Agreement and its technical annexes. Those four work
groups address air, water, hazardous waste and emergency response
issues (pollution prevention and enforcement were added in 1991).
The Presidents of Mexico and the United States directed SEDUE
(now SEDESOL) and EPA to develop a plan. As a result of the
Integrated Border Environmental Plan, each work group formed sub-
groups to focus on high priority concerns in the border area.
The primary purpose of the Texas Colonias Sub-Group is to
expedite solutions to the lack of potable .water and the lack of
wastewater treatment in the colonias.
Mr. Cabra opened the meeting with an overview of the status of
the EPA's appropriations for FY 93. The Senate and the House
have each passed different versions of an appropriations bill for
EPA and the bills will have to go to a conference committee. The
Department of Agriculture's appropriation (which includes $25
million for the colonias) has been passed. The exact language
was not 'available at the time of the meeting and there are
questions as to how the $25 million for the colonias will be
implemented.
The^opening of the Department of Agriculture's Rural Development
Administration office in Levelland, Texas, was announced by Mr.
Neal Sox Johnson.
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Mr. Todd Chenoweth said that the Colonias Needs Assessment
Report, produced by the Texas Water Development Board, is
expected to be available in mid-September.
Sub"-Group Work Plan
Eligibility Matrix
The latest version of the eligibility matrix was distributed.
The matrix is meant to provide a brief description of each
agency's eligibility criteria as it may apply to financial
assistance for the colonias.
Pooling Scheme
Mr. Cabra reiterated that the purpose of the sub-group is to
facilitate coordination and networking between the various
agencies which are capable of assisting the colonias to solve
their sanitation problems. The sub-group will provide the means
for each agency to share information on drinking water and
wastewater projects in the pipe-line. The sub-group will also
share observations on barriers that hamper or prevent the
assistance to the colonias and suggest solutions to those
problems. The networking between the funding agencies will
maximize the benefit from each public dollar spent.
The members of the sub-group who represent funding agencies
agreed to send information on their program's application
process. Also lists of drinking water and wastewater projects
will be sent to the EPA by September 11 for compilation into a
master list. The projects will generally be in three categories:
(1) Pre-Application for Assistance, (2) Application in Process
and (3) Not Completed Construction. The information will be
provided to the sub-group prior to the next meeting.
The sub-group members also agreed to share the obstacles they
have experienced in implementing their programs in the colonias.
Other Subnects Discussed
The Sub-group discussed the issue of regulating development by
enforcement of sanitary codes and standards. Onsite wastewater
treatment facilities (i.e. septic tanks, etc.) which handle more
than 5000 gallons per day require a permit from the Texas Water
Commission. Facilities which handle less than 5000 gallons per
day only require a local (county) permit. These facts were
brought out during a brief discussion of how the various agencies
may consider the infrastructure sizing in colonias which have not
been fully developed. This may be an issue for the sub-group to
consider in a future meeting.
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There was also a discussion with regards to statutory and
regulatory requirements that prevent further exacerbation of the
existing sanitation problems. It was reported that the Texas
Attorney General has developed a training course for County
Officials on existing State laws to assist them regulate
development in unincorporated areas.
Next Meeting
The next meeting of the Texas Colonias Sub-Group will be
Wednesday, September 30, at 10:00 am, in room 513f, Texas Water
Development Board, Stephen F. Austin Building. The sub-group
will discuss the compiled information and evaluate networking
concepts that will enhance the utilization of the shared
information.
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TEXAS COLONIA SUB-GROUP MEETING
SUMMARY
SEPTEMBER 30, 1992
TEXAS WATER DEVELOPMENT BOARD
AUSTIN, TEXAS
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The third Texas Colonia Sub-Group meeting was held on September
30, 1992, in the Texas Water Development Board Conference Room in
Austin, Texas.
The attendees were:
Oscar Cabra Jr.
Terry J. Turner
Neal Sox Johnson
J. Gary Lightsey
Eugene G. Pavla
M.J. (Mayo) Pena
Fernando R. Escarcega
Todd Chenoweth
Elizabeth Valdez
Andrea Abel
- U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Farmer's Home Administration
Farmer's Home Administration
- Farmer's Home Administration
- Farmer's Home Administration
- Texas Water Development Board
Texas Water Development Board
- Valley. Interfaith
Governor's Office
WORK GROUP PURPOSE
The primary purpose of the Texas Colonias Sub-Group is to
expedite solutions to the lack of potable water and the lack of
wastewater treatment in the colonias.
INTRODUCTION
Mr. Cabra opened the meeting with an overview of the status of
the EPA's appropriations for FY 93. The Conference Committee has
reported out an appropriations bill for EPA. Passage is expected
soon.
Colonias Master List
The submissions by the sub-group members to the colonias master
list are appreciated. As new information becomes available, a
new list will be distributed.
Farmers Home Administration
Mr. Neal Sox Johnson and his staff briefed the sub-group on how
the funds recently appropriated for FmHA use in the colonias will
bemused. Mr. Johnson provided information on funding levels,
eligibility requirements and processing times for the programs
under his direction.
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Some of the points Mr. Johnson made are:
• $25 Million appropriated
- targeted to the colonias
$2 Million for individuals thru 504 Housing
Program
$23 million to recognized entities
10,000 population or less
County can apply for grant
70% per capita income
- Unemployment rate
Maximum grant to individual is $3500
Service line for wastewater ($2000)
Service line for water ($1500)
Significant health risk to major portions of
population
- Colonia designated by State or County as in
existence on October 1, 1989.
Not limited to border counties
- November target date
No new construction in floodplain however
improvements to existing homes can be funded.
Evidence of ownership, deed purchase,
purchase contract.
One - year appropriation.
Next Meeting
The next meeting of the Texas Colonias Sub-Group will be
November 12, 1992, at 10:00 am, in room 513f, Texas Water
Development Board, Stephen F. Austin Building.
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SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
NOVEMBER 13, 1992
SAM HOUSTON BUILDING
AUSTIN, TEXAS
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The fourth Texas Colonia Sub-Group meeting was held on November
12, 1992, in the 7th Floor Conference Room, Sam Houston Building,
Austin, Texas.
Attendees
Oscar Cabra Jr.
Terry J. Turner
Fernando R. Escarcega
Todd Chenoweth
Steve Walden
Charles R. Maddox
Neal Sox Johnson
Andrea Abel
Wayne Thorburn
Paco Valentin
Ruth Cedillo
Jorge Arroyo
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Texas Water Development Board
Texas Water Development Board
Texas Water Commission
Texas Department of Health
Farmer's Home Administration
Governor's Office
Dept- of Housing and Urban Development
Farmer's Home Administration
Texas Dept. of Housing and Community
Affairs
Texas Water Commission
WORK GROUP PURPOSE
The primary purpose of the Texas Colonias Sub-Group is to
expedite solutions to the lack of potable water and wastewater
treatment in the colonias.
EPA Funding
Mr._Cabra opened the meeting with an outline of the plans for the
administration of the recently passed funding for the colonias.
$50 Million for colonias
$2 Million for planning and design only
wastewater only
Administered through grant to TWDB
grants to public entities and non-profit orgn.
One to one State match required
EDAP can serve as the match
Cross-cutter Federal requirements apply
Platting will not be EPA eligible
HUD funds are more appropriate
Colonias must have existed on November 1, 1989
General Criteria guiding the options
Get the money to the colonias as soon as possible
EPA desires award to TWDB as soon as possible -
target is December, 1992.
discussions are underway on options for grant
conditions.
New EPA regulations will not be needed - grant
conditions will serve
TWDB is checking with State comptroller to see if
State legislation is required.
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Colonias Project List
The sub-group members will update the project status list,
include dates on which projects reached a certain status and
return the marked-up lists to Mr. Cabra by December 11, 1992.
New lists will be distributed one week before the next meeting.
Corps of Engineers
Mr. Chenoweth asked if anyone had any information concerning a
$300,000 appropriation to the Corps of Engineers for work in the
colonias as contained in the Omnibus Corps Water Bill. EPA will
attempt to get information on the subject and report to the sub-
group at the next meeting.
Farmers Home Administration
Mr. Johnson and Mr. Valentin reported that proposed regulations
concerning the $25 Million for the colonias are expected in
December. FmHA will provide the proposed regulations to the
subgroup as soon as they are available.
Meeting Schedule
The advisability of a regular meeting schedule was discussed. It
was generally agreed that a regular meeting schedule is
preferable. The sub-group members reached concensus that,
starting in January, the meetings will be held on the 2nd
Wednesday of the month from 10:00 am to 12:00 at locations to be
announced.
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Outreach - Communications Strategy
The sub-group members discussed the need for getting the word out
to colonias residents and public bodies concerning the
availability and sources of financial assistance.
Mr ."Johnson agreed that publicity is neces.sary but cautioned that
expectations should not be raised until the programs are ready to
operate. Mr. Johnson also suggested that publicizing the various
colonias assistance programs would be a good activity for the
Rural Development Council.
Ms. Cedillo stated that the CDBG program usually holds public
hearings in February and March. It would be very helpful to know
the activities of the other agencies during that time.
The sub-group generally agreed that early February would be a
good time to hold the outreach seminars.
Mr. Thorburn will bring the idea of outreach seminar(s) to the
Rural Development Council. The RDC's reaction should be known bv
the end of November.
The communications strategy options will be discussed further at
the January meeting of the sub-group.
Next Meeting
The next meeting will be on January 13, 1993, at 10:00 am,
location is to be determined.
The
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SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
JANUARY 13, 1993
SAM HOUSTON BUILDING
AUSTIN, TEXAS
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The fifth Texas Colonia Sub-Group meeting was held on January 13, 1993
in the 7th Floor Conference Room, Sam Houston Building, Austin, Texas.
Attendees
Oscar Cabra Jr.
Terry_J. Turner
Michael W. Meeham
Scooter Brockette
Wayne Thorburn
David Juarez
Tom Brown
Andrea Abel
Sally C. Gutierrez
Ruth Cedillo .
Ray Moeller
Richard L. Lopez
Yusuf E. Farran
- U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
- Farmer's Home Administration - Comm. Pgms.
FmHA - Rural Housing
- Dept. of Housing and Urban Development
- Texas Water Development Board
- Texas Water Development Board
Governor's Office
- Texas Department of Health
Texas Dept. of Housing and Community Affairs
- Texas Water Development Board
- Dept. of Housing and Urban Development
International Boundary and Water Commission
(IBWC) - U.S. Section
SUB-GROUP PURPOSE
The primary purpose of the Texas Colonias Sub-Group is to share,
network and expedite solutions to the lack of potable water and
wastewater treatment in the colonias as part of the implementation of
the Integrated Border Environmental Plan.
EPA Funding
EPA awarded a $50 million grant to the Texas Water Development Board
(TWDB) for assistance to the colonias on December 22, 1992. The TWDB
will provide funds to the colonias through the Colonias Wastewater
Treatment Assistance Program (CWTAP).
RDA Funding
The final draft of the regulations for administering the $25 million
by the Rural Development Administration are in the Office of
Management and Budget.
HUD Funding
Grant awards from the FY 92, funds will be announced in March.
Applications for FY 93 funds ($7.4 million) will be due in late August
1993. Grant awards from the FY 93 funds are targeted for December
1993. The FY 93 funds do not have the requirements for platting and
property assessments.
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Project List
The format and content of the consolidated project list was discussed.
The status columns will be revised to include Pre-Application,
Application, Planning and Construction phases. The Funded column will
be deleted. A Comments column for the type of project will be added.
The Amount column will contain the total assistance, not just the
agency share. Where a named project contains more than one colonia,
they will be listed under the project. Each agency should use the
report by the TWDB Planning Division entitled Water and Wastewater
Needs of Colonias in Texas as the primary reference.
Updates to the project list/status report, from TWDB, TDHCA and FmHA,
are due to Mr. Cabra by February 1.
TWDB (Tom Brown) will coordinate with FmHA and TDHCA to develop a map
locating the projects on the list.
Assistance Outreach Workshops
Planning for the assistance outreach workshops was discussed. It will
be preferable that the RDA regulations be available before the
workshops are held.
The workshops will concentrate on the new funding availability for
water supply and wastewater treatment. It was the general consensus
of the sub-group that the workshops should be specific and focused on
the water supply and wastewater subjects and that extending the
subject matter would reduce the effectiveness. The following
locations were proposed: Brownsville, Rio Grande City, McAllen,
Laredo, Del Rio and El Paso.
Mr. Cabra will check on day of the week preferences in the local
areas. It is expected that some of the meetings will be held in the
evenings and that Mondays will not be appropriate due to local
government meetings. Mr. Cabra will provide a draft logistical plan
prior to the next sub-group meeting.
Corps of Engineers
In response to Mr. Chenoweth's question at the last meeting, the
$300,000 appropriation to the Corps of Engineers contained in the
Omnibus Corps Water Bill is for construction cost estimates on IBWC
projects. The Corps was also authorized $5 million to provide
assistance to colonias, however no funds were appropriated for the
purpose.
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Next Meeting
Meetings will be held on the 2nd Wednesday of the month from 10:00 am
to 12:00. The next meeting will be on February 10, 1993, at 10:00 am.
in Room 513F, Stephen F. Austin Building, 1700 N. Congress Avenue
(Texas Water Development Board).
Action Items -
Sub-group members are requested to submit specific agenda items,
consistent with the purpose and objectives of the sub-group by
February 1. c J .
Updates to the project list/status report, from TWDB, TDHCA and
FmHA/RDA, are due to Mr. Cabra by February 1.
FmHA/RDA will provide copies of the new regulations as soon as they
are available.
Mr. Cabra will check with local officials on preferred days for the
workshops.
Mr. Cabra will provide a draft logistical plan for the workshops prior
to the next sub-group meeting.
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SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
FEBRUARY 10, 1993
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-1-
The sixth Texas Colonia Sub-Group meeting was held on February 10,
1993 in the 4th Floor Conference Room, Stephen F. Austin Building,
Austin, Texas.
Attendees
Oscar Cabra Jr.
Terry J. Turner
Paco Valentin
Andrea Abel
David Juarez
Steve Walden
Dalinda Moreno Newby
Doug Holcomb
Ruth Cedillo
Fernando R. Escarcega
Carol Limayo
Terry Buchanan
Sally C. Gutierrez
Neal Sox Johnson
Harold L. Carter
Kenton Kirkpatrick
Alan Jones
M. J. (Mayo) Pena
Richard L. Lopez
- U.S. Environmental Protection Agency
- U.S. Environmental Protection Agency
- Farmer's Home Administration/Rural
Development Administration
- Governor's Office
- Texas Water Development Board
Texas Water Commission
- Texas Dept. of Housing and Community Affairs
- Texas Water Commission
Texas Dept. of Housing and Community Affairs
- Texas Water Development Board
Texas Water Commission
- Texas Water Commission. Environmental
Assessments Division
- Texas Department of Health
Farmer's Home Administration
- Farmer's Home Administration - PSS
- U.S. Environmental Protection Agency
Texas Water Commission
- Farmer's Home Administration
Dept. of Housing and Urban Development
SUB-GROUP PURPOSE
The primary purpose of the Texas Colonias Sub-Group is to share,
network and expedite solutions to the lack of potable water and
wastewater treatment in the colonias as part of the implementation of
the Integrated Border Environmental Plan.
Assistance Outreach Workshops
Planning for the assistance outreach workshops was discussed. The
objectives of the workshops will be: (1) Provide an overview of new
funding for colonias water and wastewater projects, and (2) Enable
prospective recipients of financial assistance for colonias water and
wastewater projects to receive specific information on how to obtain
the funds.
A contractor will be available (through H.U.D.) to assist in the
logistics for the workshops including: printing of the brochures,
arranging for the local facilities, translation services, etc.
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-2-
After some discussion, considering the preferences of the local
leaders for evening meetings, and considering known conflicts with
other events, the group decided on the following schedule:
April 8 - El Paso (evening)
April 15 - Eagle Pass (evening)
April 22 - Laredo (evening)
April 29 - Rio Grande City (afternoon)
April 29 - Harlingen (evening)
The content of the workshop brochures was discussed. There will be a
handout containing a summary of each assistance program available to
local governments and non-profit entities and another handout
containing information on the various assistance programs available to
individual residents. The information summaries will contain basic
information about the subject program and the contact names, addresses
and phone numbers for further application information. The Sub-group
members will provide their material for the handouts to Mr. Cabra by
FAX (214-644-6490) not later than February 19. Mr. Cabra will provide
the material to the contractor who will prepare drafts of the
brochures which Mr. Cabra will provide to the Sub-group for their
approval.
Mr. Cabra will provide a draft list of invitees to the Sub-group for
recommended additions or deletions. It was suggested to add the
Agriculture Extension Service to the mailing list.
Mr. Cabra will provide a draft news release and Spanish language
radio/TV public service announcement to the Sub-group.
Each of the agencies participating in the workshop should limit the
presentation describing their program to not more than 20 minutes. A
short time period will be allowed after each presentation for^
questions and then a longer period will be provided for questions
after all of the presentations have been completed. One-to-one
discussions after the main program will be encouraged.
Project List
The format and content of the consolidated project list was discussed.
It is extremely important that the colonias are accurately reflected
in the list. If a named project contains several colonias, they
should be named under the project (i.e. Military Highway).
Updates to the project list/status report are welcome at any time and
may consist of a mark-up of the list. Please FAX any revisions to Mr.
Cabra at (214) 655-6490.
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-3-
Interagencv Project Coordination s
Consistent with the objectives of the Sub-group, it was agreed that
the staff of the Texas Water Development Board, Farmer's Home
Administration, Rural Development Administration, and the Texas
Department of Housing and Community Affairs would set up a meeting to
discuss coordinating project-by-project funding activities in the
colonias. This coordination will provide more comprehensive coverage
and fit the various programs to the water and wastewater needs in the
colonias while reducing the possibility of duplication of effort.
Next Meeting
Meetings will be held on the 2nd Wednesday of the month from 10:00 am
to 12:00 noon. The next meeting will be on March 10, 1993, at a
location to be determined.
Action Items
Sub-group members are requested to submit specific agenda items,
consistent with the purpose and objectives of the sub-group by
March 1.
Sub-group members (FmHA, RDA, TDHCA and TWDB) will provide program
descriptive material for the outreach workshops to Mr. Cabra by
February 19 and updates to the consolidated project status list as
they occur.
Mr. Cabra will provide a draft list of the workshop invitees to the
Sub-group.
Mr. Cabra will provide draft copies of the workshop brochures to the
Sub-group.
Mr. Cabra will provide a draft of the news release and the public
service announcement on the workshop to the Sub-group.
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SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
MARCH 10, 1993
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The seventh Texas Colonia Sub-Grbup meeting was held on March 10
1993 in room 513F, Stephen F. Austin Building, Austin, Texas.
Attendees
Oscar Cabra Jr.
Terry J. Turner
Shawna Roesch'
Sally C. Gutierrez
Jorge Arroyo
Carol Liroayo
David Juarez
Fernando R. Esc&rcega
Dalinda Moreno Newby
J. Gary Lightsey
Lorraine Clements
Scooter Brockette
Melvin G. Wrenn
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Texas Department of Health
Water Util. Div., Texas Water Commission
Water Util. Div., Texas Water Commission
Texas Water Development Board
Texas Water Development Board
Texas Dept. of Housing and Community
Affairs
Farmer's Home Administration/Rural
Development Administration
Rural Development Administration
Farmer's Home Administration
Texas Water Commission
Sub-Group Purpose
The primary purpose of the Texas Colonias Sub-Group is to share
network and expedite solutions to the lack of potable water and
wastewater treatment in the colonias as part of the
implementation of the Integrated Border Environmental Plan.
Project List
The most recent revision of the colonias status list was
distributed. The Sub-group members were requested to FAX any
revisions, as they may become necessary, to Mr. Cabra at (214)
655-6490. '
Financial Assistance Outreach Workshops
Final arrangements for the financial assistance outreach
workshops were discussed. The workshop location/time list was
distributed and is enclosed with this summary. The objectives of
the workshops will be: (1) Provide an overview of new funding for
colonias water and wastewater projects, and (2) Enable
prospective recipients of financial assistance for colonias water
and wastewater projects to receive specific information on how to
obtain the funds.
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Participating agencies are to advise Mr. Cabra, by March 17, who
will be speaking for their agency at each of the workshops.
Draft brochures and agenda will be distributed during the week of
March 15 with return comments due by March 19.
Public service announcements and press releases will be done by
the contractor (through H.U.D.). The participating agencies
expressed no particular concerns in dealing with the media.
Interaaencv Prolect Coordination
Consistent with the objectives of the Sub-group, the staff of the
Texas Water Development Board, Farmer's Home Administration,
Rural Development Administration, and the Texas Department of
Housing and Community Affairs are discussing coordinating, on a
project-by-project basis, funding activities in the colonias.
This coordination will provide more comprehensive coverage and
fit the various programs to the water and wastewater needs in the
colonias while reducing the possibility of duplication of effort.
Technical Assistance Available to the Colonias
The sub-group agreed that it should determine what technical
assistance is available, and needed, and what the sub-group can
do to coordinate or improve it.
Specific areas of concern expressed include the immediate health
concerns of the people in the colonias and the technical
assistance that may be able to help alleviate some of the
problems like the use of unsanitary containers to carry water.
The prioritization of the technical needs so that help can be
given to areas where it can benefit the most is also a concern.
Consideration needs to be given to the costs of running the
facilities built so that areas do not build facilities that they
cannot afford to run and maintain. In doing this the engineers
involved in colonias projects need to be worked with in
determining size of the projects because the fee paid to the
engineer is based upon cost of the project.
In relation to this issue the EPA will send to the members of the
sub-group a booklet that deals with wastewater treatment and
disposal for small communities. It is a technology transfer
booklet that was prepared by the EPA.
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Mr. Cabra indicated that it appeared that the sub-group should
pursue technical assistance for the colonias in water areas and
that he will suggest agenda items for the next meeting based on
the previous discussion including:
-interim health issues
-remote colonias assistance
-technology issues (supplying regulating agencies' useful
information)
-kind of technical assistance in each agency (to avoid
overlaps)
Several examples of existing efforts to provide technical
assistance to the colonias were provided by the attendees:
TWDB can provide technical assistance through their Economically
Distressed Areas Program (EDAP).
TDHCA indicated that there is a U.S. Housing and Urban
Development grant proposal for technical assistance.
TWC responded that short-term funding (maybe until the end of the
fiscal year) through contractors may be available to water supply
corporations and water districts. This is currently tentative.
FmHA has two contracts with the Community Resource Group to
assist operation of facilities.
TDK has some engineers in the Valley that can provide technical
assistance, although they have little time to assist others.
Report on Texas Colonias Sub-Group
The EPA will prepare a report on the accomplishments of the Texas
Colonias Sub-Group. A draft copy of the report will be sent to
sub-group members for comments, and final copies will be
distributed. Additionally the report will address where the sub-
group wants to go following the accomplishments achieved in the
area of organization of financial assistance available to the
colonias.
Next Meeting
Due to the workshops, there will not be a Sub-group meeting in
April. Meetings are normally held on the 2nd Wednesday of the
month from 10:00 am to 12:00 noon. The next meeting will be on
May 12, 1993, in the 7th floor conference room of the Sam Houston
Building at 201 E. 14th Street in Austin, Texas.
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SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
MAY 12, 1993
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The eighth Texas Colonia Sub-Group meeting was held on May 12,
1993 in the 7th floor conference room, Sam Houston Building
Austin, Texas.
Attendees
Oscar Cabra Jr.
Terry J. Turner
Ignacio Madera, Jr.
Fernando R. Escarcega
Ruth Cedillo
J. Gary Lightsey
Doug Holcomb
Sandra Martinez
Andra Abel
Sterling Harris
Will Ed Winters
Lorraine Clements
Carol Limaye
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Texas Water Development Board
Texas Water Development Board
Texas Dept. of Housing and Community
Affairs
Farmer's Home Administration/Rural
Development Administration
Texas Water Commission
Governor's Office
Governor's Office
General Land Office
Texas Water Development Board -
Engineering
Rural Development Administration
Water Util. Div., Texas Water Commission
Sub-Group Purpose
The primary purpose of the Texas Colonias Sub-Group is to share,
network and expedite solutions to the lack of potable water and
wastewater treatment in the colonias as part of the
implementation of the Integrated Border Environmental Plan.
Financial Assistance Outreach Workshops
The financial assistance outreach workshops conducted during
April were discussed. The workshops assisted local residents
and_local leaders in understanding the various programs that are
available to assist them. Local issues consistently arose during
the workshops, particularly need for the local government to take
responsibility for applying for assistance on behalf of the
colonias and to enforce development regulations. The Sub-group
needs to consider what incentives there are for local leaders to
apply for assistance to the colonias. The Texas Attorney
General's Office will be invited to the next Sub-group meeting to
discuss the model development regulations and their enforcement.
Interrelated with the lack of impetus of local governments is the
issue of platting. The residential lots in many colonias are not
platted and recorded. The Texas Department of Housing and
Community Affairs (TDHCA) explained that financial assistance for
getting property_platted is available which is a key eligible
activity for political subdivisions applying for assistance.
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The workshops demonstrated how coordination between the State and
Federal agencies can be effective. The workshops were well
received by local .leaders and citizens. The workshops served to
clarify program requirements for obtaining assistance and to
contradict incorrect understandings at the local level. In
summary/ the objectives of the workshops were met, i.e. to
provide an overview of new funding for colonias water and
wastewater projects and to enable prospective recipients of
financial assistance for colonias water and wastewater projects
to receive specific information on how to obtain the funds.
TDHCA/HUD Demonstration Projects
An overview of the concept of the two demonstration projects was
presented by the Texas Department of Housing and Community
Affairs (TDHCA). The concept involves two comprehensive projects
which will address first time water supply, wastewater, streets,
drainage, etc. in two colonias. Funding will come from part of
the 10% CDBG allocation to the colonias and is expected to be $1
million per project. The TDHCA expects to issue an application
guide in a few weeks.
The Sub-group discussed the possibility of working with TDHCA in
the demonstration projects. This multi-agency participation
could, in-effect, leverage the available funding to address a
project in a more complete approach, i.e. TWDB - wastewater, FmHA
- drinking water and TDHCA - drainage, streets, etc. The concept
was favorably received by the Sub-group and will be discussed in
more detail at future meetings. TDHCA provided a draft
description of the demonstration project program and asked for
comments by May 21.
TWDB/EPA Colonias Planning Activity
The Texas Water Development Board (TWDB) described their regional
and rural planning initiatives funded by the Colonias Wastewater
Treatment Assistance Program.
Funding is being utilized for two planning activities. A
regional wastewater planning for colonias and a wastewater
planning assistance for rural colonias.
The TWDB Planning Division will develop preliminary
wastewater facility plans for border areas with the greatest
concentration of colonias, e.g., Cameron, Hidalgo, and El
Paso Counties. Emphasis will be placed on identifying and
evaluating regional and sub-regional projects which address
wastewater service needs of two or more colonias.
The planning activity for the rural communities is geared to
rural or remote colonias that are not well-suited for
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regional or local systems. Emphasis will be placed on
identifying appropriate small-scale wastewater treatment and
disposal technologies that are suitable for varying site-
specific conditions, e.g., population density, soils, etc.
In addition, emphasis will also be placed on developing
area-wide capabilities for the construction, operation, and
_ maintenance of small-scale decentralized wastewater
facilities, e.g., county-wide maintenance districts.
The TWDB can share the results of these regional and rural
planning programs with the other agencies for a coordinated
solution to the problems.
Interagency Proiect Coordination - Project List
The consolidated project list was distributed. The list is
maintained for use by the Sub-group members and others as a tool
to provide information, on a project-by-project basis, of
drinking water and wastewater funding activities in the colonias
by all of the agencies involved. This coordination will provide
comprehensive coverage and fit the various programs to the water
and wastewater needs in the colonias while reducing the
possibility of duplication of effort. It is important that the
listing and status of projects be kept current for the maximum
benefit of the users. The Sub-group members are requested to FAX
any revisions, as they may become necessary, to Mr. Cabra at
(214) 655-6490.
Next Meeting
Meetings are normally held on the 2nd Wednesday of the month from
10:00 am to 12:00 noon. The next meeting will be on June 9,
1993, in the 4th floor engineering conference room (Room 412B) of
the Stephen F. Austin Building (Texas Water Development Board) at
1700 N. Congress Avenue in Austin, Texas.
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SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
JUNE 9, 1993
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The ninth Texas Colonia Sub-Group meeting was held on June 9,
1993, in the 4th floor conference room, Stephen F. Austin
Building, Austin, Texas.
Attendees
Oscar Cabra Jr.
Terry J. Turner
Roy L. Moeller
Ignacio Madera, Jr.
Wynelle Leeth
Gary Laneman
Esther Chavez
Andrea Abel
Ronney W. Radle
George Ellis
J. Gary Lightsey
Carol Limaye
David Galvan
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Texas Water Development Board, Eng. Div.
Texas Water Development Board, EDAP
State Auditor's Office
Texas Water Development Board, Planning Div.
Office of the Attorney General, Consumer
Protection Division
Governor's Office
Farmer's Home Administration
Farmer's Home Administration, State Dir.
Farmer's Home Admin./Rural Development Admin,
Texas Water Commission, Water Util. Div.
Texas Dept. of Housing and Community Affairs
COLONIA DEVELOPMENT REGULATIONS
The Sub-group welcomed Ms. Esther Chavez from the Office of
the Attorney General (AG) of Texas, Consumer Protection Division.
Ms. Chavez discussed the model rules for the regulation of subdivisions
and the AG's efforts to enforce compliance with the rules.
By way of background, it was explained the subdivision model rules
provide local governments with the mechanism to require developers to
provide potable water and sewage services. Until September 1989,
counties did not have the authority to require potable water and sewage
services in subdivisions. All that was required was that the
subdivision be platted and recorded and have minimal roads and
drainage.
In 1989, the Texas legislature passed legislation that provided
authority to regulate subdivision development, specifically addressing
the potable water and sewage problem in the colonias created by
unscrupulous developers.. The legislation, commonly referred to as
"Senate Bill II", encompassed a two-pronged approach: (A) For "new"
colonias, (After September 1, 1989): (1) It require developers to
provide potable water and sewage services; (2) authorized the TWDB to
promulgate "model subdivision rules"; and, (3) empowered counties to
enforce against non-compliant developers. (B) For "existing" colonias
(prior_to September 1989): (1) the TWDB requests, as a requirement for
eligibility to an Economically Distressed Areas Program (EDAP)
grant/loan, the county must adopt the model subdivision regulations;
and, (2) provides authority to enjoin and collect civil penalties.
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The Texas Attorney General's Office,' Consumer Protection Division has
placed greater emphasis and priority in the enforcement against non-
compliant developers. Not only is the AG, Consumer Protection
Division, directly involved, but it is also emphasizing and encouraging
enforcement at the local level. In discussing enforcement at the loca!]
level, the AG representative pointed out the various "avenues"
available to monitor or ascertain non-compliance with the applicable
regulations by the developers. Some of the "avenues" were: (1) the
platting and deed recording process; (2) the permitting process for on-j
site sewage disposal; (3) .the process for establishing an address; andj
(4) the electric utility service, since the electric utility cannot
provide service without an address. It was also pointed out that
utilities cannot provide services to a lot that did not have utilities
prior to 1989. Also, if a county waives the requirement for a
developer to provide water and sewage, then the county becomes
responsible for providing the services. As an aid to local
enforcement, the AG's Office has conducted workshops to provide
training and assistance to local prosecutors. There is another
proposed workshop to be hosted by the AG scheduled for October 7, 1993
Ms. Chavez requested the participation of the Sub-group to provide
financial assistance information. The Sub-group agreed to participate]
at the AG workshop.
Ms. Chavez presented the different scenarios that arise when trying to I
litigate against alleged non-compliers for colonias that were developec]
prior to 1989. The first scenario is where the colonia was developed
prior to 1989 and was properly recorded and approved. Under this
scenario, there is not much that can be done with regards to litigatind
the lack of potable water and sewage services. The second scenario is]
where the colonia was developed prior to 1989, not approved and legally
recorded, and the developer is not legally available. Under this
scenario, litigation is highly improbable due to the absence of the
developer. The third scenario is where the colonia was developed
to 1989, not approved and legally recorded, and the developer is
legally available. Under this scenario, litigation can be pursued
against the developer and seek mitigation for' the lack of potable wate^
and sewage services.
With regards to subdivisions established prior to September 1, 1989,
H.B. 2079 was passed by the Texas legislature this year relating to
enforcement of certain public health and safety laws. In essence, the
Act: (1) provides the AG authority to enforce local health and safety)
codes, (2) directs the TWDB to amend the model rules to provide
criteria for potable water and sewage services for subdivisions that
were not platted or recorded prior to September 1, 1989; and, (3)
provides injunctive relief and penalty authority for violations of
public health and safety codes. This Act will become effective
September 1, 1993.
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Another non-compliance issue which is common among the colonias is
multiple dwellings or partitioning of the lot by the resident to
accommodate additional family members. While this is not a developer
non-compliance issue, it is a significant problem that primarily
impacts on-site sewage disposal. When an on-site sewage disposal is
locally approved, the approval is based on the size of the lot and the
expected flow. The illegal extra dwellings or partitioning of the lot
creates additional flow and/reduced space, causing the system to fail.
The regulation of construction of multiple dwellings or lot
partitioning is a local issue that is difficult to enforce. This
problem might be mitigated when planning and designing the sewage
disposal project.
A discussion was held with the regards to each Agency's stipulations
and conditions placed on their financial assistance grants and/or
loans. The Texas Water Development Board, which administers both the
EDAP and EPA programs, requires the adoption of the model rules by the
county prior to approval of the financial assistance. In addition, the
EDAP and EPA funding is available only to colonias that existed prior
to November 1989. The Farmers Home Administration (FmHA) stipulates in
their assistance requirements the recipients comply with all State
laws. The representative from the FmHA volunteered and agreed to meet
with the AG's Consumer Protection Division to explore ways to
strengthen their stipulations and conditions to enhance compliance with
State laws. This is another example of the Sub-group membership's
willingness to cooperate with each other in it's efforts to improve the
sanitation conditions in the colonias.
There was also consensus by the Sub-group to invite the AG's Office to
participate in the Sub-group. Ms. Chavez indicated their willingness
to become a member.
NEXT MEETING
Meetings are normally held on the 2nd Wednesday of the month from 10:00
am to 12:00 noon. Due to schedule conflicts, there will be no meeting
in July. The next meeting will be on August 11, 1993.
The meeting will be held in the 4th floor engineering conference room
(Room 412B) of the Stephen F. Austin Building (Texas Water Development
Board) 1700 N. Congress Avenue in Austin, Texas.
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APPENDIX B
ELIGIBILITY MATRIX
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APPENDIX D
WORKSHOP BROCHURES
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2
•-« EVELOPMENT PROGRAM OFFICE
Or*
TEXAS DEPARTMENT
TEXAS COMMUNI1
Grant (CDBG)/Colonia Fund
1
Program Name:
Community Development Bl
Eligible .Applicants:
• Counties
mprovements to water supply and wastewater
, including all necessary engineering work.
ir planning and housing rehabilitation.
O o "5?
Eligible Funding Activities:
• Construction, acquisition,
collection and treatment w<
• These funds may also be use
:hin 150 miles of the Texas/Mexico Border and
c of an adequate sewer system or lack of safe and
£ J
Special Requirements:
ColOnias must be in counties
show a lack of potable water,
50
1
O
Application Funding Limits:
• For Projects: $500,000
• For Planning: $100,000
Total Funding Available:
$7.4 million
Deadline:
To be announced
en
O
E
«s
fe
o
c
Contact:
Texas Community Developm
Ruth Cedillo
ODBC Program Director
512-475.-3882
-------
VI
£
*£
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Supply Corporations
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and construction of wastewater treatment facilities foi
6T
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"5
£
O
is in existence as of November 9, 1989.
ted colonia
unincorpora
for Border counties with unincorporated colonias withir
lirements:
nly be used
Special Reqii
Funds will o:
imately 62 miles) of the international boundary that com-
conomically Distressed Areas Program special require-
o K
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is a E
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Total Fundit
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Contact:
J
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t:
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Texas Water
<
y Distresse
8
Economicall
512-475-206J
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Public entities such as:
• Municipalities
• Counties
CA
tj
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• Special Purpose Disti
• Indian Tribes
S
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2
• Not-for-Profit Corpc
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as
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Eligible Activities:
• Construct, enlarge,
erwise improve" would include extending service
ence's plumbing to system.
J- *U
"«/ to
p-5
waste disposal systei
lines and/or connect
viduals for extending service lines and/or connect-
1
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• Make loans and gran
t's system.
c
1
1
re
ing residences to the
dividual's residence when needed to allow use of
JK
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re
2
• Make improvements
£
&
en
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£
(A
the water and/or wa
Application Limits:
C
K
OS
g
[£
•^?
TEXAS WATER DEVELOP*
Program Name:
Economically Distressed Areas Program (EDAP
Eligible Applicants:
• Political subdivisions including:
- Cities
-Counties
- Water Districts
• Not-for-Profit Water Supply Corporations
&*£ e" • & E
ts-s-ll 1
| j= 2 > I -* g.
w « w C5 ii »- w;
e £L~£ S f _£
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re "° E c M^I
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w nT i^ 5? c _
Eligible Funding Activities:
Combination Loan/Grant for areas within the
Cameron, Coryell, Dimmitt, Duval, El Paso,
Davis, Jim Hogg, Jim Wells, Kinney, LaSalli
Reeves, Sabine, Starr, Terrell, Val Verde, Webl
• Construction, acquisition, or improvements t
collection and treatment works, including all i
• The program will not fund on-going operatior
(visions and prepare an
for financial assistance.
1.1
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= "c.
Special Requirements:
County must adopt model rules for the regulatic
on-site sewage system feasibility map prior to ap
ity Plan: one-half of the
id contributions. 100%
'3 12
£.E
!-£
Applicant must fund at least 25 % of the costs of
applicant's share must be cash and one-half can
funding may be considered for hardship cases.
erence for construction
1
_o
Upon completion of facility plan, a pre-applica
financial assistance will be held with Board stafl
irtment of Health that a
ts resulting from water
if the "amount of grant
financial assistance re-
rill
itH
The applicant must provide a finding from the Ti
nuisance dangerous to the public health and si
supply and sanitation problems in the area to 1
financial assistance required exceeds 50% of t
quested.
Total Funding Available:
$250,000,000
Contact:
Texas Water Development Board Office
Economically Distressed Areas Program
512-475-2068
E
Program Name:
Colonia Wastewater Treatment Assistance Prog
Eligible Applicants:
-------
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3
2
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room - $4,000
• Lifetime assistance to a
may not exceed $5,000
c
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15
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Where to Apply:
County offices of the Far
Con tact:
Chief, Housing Program
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