What is an essential needs license in Texas?

An essential needs license in Texas is a license issued by the Texas Commission on Environmental Quality (TCEQ) that authorizes a facility to build or operate a water, wastewater, sewer, or solid waste facility to serve an area that may not have sufficient access to essential needs services under criteria established by the Legislature and in this rule.

The essential needs license is intended to incentivize the development and operation of these essential needs facilities by allowing for financial assistance from the state and federal governments, and by providing regulatory flexibility and streamlining.

To be eligible for an essential needs license, a facility must meet the following criteria:

* The facility must be necessary to provide water, wastewater, sewer, or solid waste services to an area that does not have sufficient access to these services.

* The facility must be viable, as determined by the TCEQ.

* The facility must not be located in an area that is subject to a moratorium or other restriction on development.

* The facility must comply with all applicable federal, state, and local laws and regulations.

An essential needs license can be issued for a period of up to 25 years. The TCEQ may renew an essential needs license for an additional period of up to 25 years if the facility continues to meet the eligibility criteria and complies with all applicable laws and regulations.

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