Texas State Affordable Housing Corporation
Notice of the Implementation of a Qualified Mortgage Credit Certificate Program
The Texas State Affordable Housing Corporation (the "Corporation"), a nonprofit corporation organized under the laws of the State of Texas (the "Program Area"), is implementing a qualified mortgage credit certificate program (the "Program") within the Program Area to assist low and moderate income first-time homebuyers. A Mortgage Credit Certificate ("MCC") is an instrument designed to assist persons of low to moderate income to better afford home ownership. The MCC Program allows first-time homebuyers an annual federal income tax credit equal to the lesser of $2,000 or the credit rate for the MCC multiplied by the amount of interest paid by the holder on a home mortgage loan during each year that they occupy the home as their principal residence.
A qualified purchaser of a residence located within a Program Area may apply to the Corporation for an MCC through a participating lender of his or her choice at the time of purchasing a principal residence and obtaining a mortgage loan from a participating lender.
To be eligible to receive an MCC, a purchaser must meet the following criteria:
1. The applicant for the MCC cannot have had an ownership interest in his or her principal residence during the three-year period ending on the date the mortgage loan is obtained.
2. The applicant must intend to occupy the residence with respect to which the MCC is obtained as his or her principal residence within 60 days after the MCC is issued. The MCC issued to an applicant will be revoked if the residence to which the MCC relates ceases to be occupied by the applicant as his or her principal residence.
3. The MCC cannot be issued to an applicant in conjunction with the replacement or refinancing of an existing mortgage loan. The MCC can, however, be obtained in conjunction with the replacement of a construction period or bridge loan having a term of less than 24 months.
4. Federal law imposes limitations on the purchase price of homes financed under the program. The current maximum purchase price for a one-family home in a non-targeted area is $237,031 and for a one-family home in a targeted area is $289,705. These limitations are periodically adjusted. Two-family, three-family and four-family residences are also eligible, provided that one of the units will be occupied by the mortgagor as his or her principal residence and that the residence was first occupied for residential purposes at least five years prior to the closing of the mortgage. The cost of the residence must not exceed the maximum purchase price limits. The purchase price limitation does not apply to qualified home improvement loans. There are special rules that apply to qualified rehabilitation loans.
Additionally, an applicant's current annualized family income may not exceed applicable median family incomes. For detailed income limits, please visit our website at www.tsahc.org.
Anyone receiving an MCC and selling his or her residence within nine years of the issuance of the MCC may be required to return all or a portion of the tax credit received in connection therewith to the Internal Revenue Service.
To defray the costs of implementing the Program, the Corporation will charge applicants a $100 application fee, an MCC issuance fee equal to one percent of the amount of such person's loan plus $250 at closing.
The Corporation strongly encourages anyone who believes that he or she qualifies for an MCC to apply at the offices of a participating lender. For more information regarding the Program and its restrictions, including a list of current participating lenders, please contact the Corporation's Financial Advisor, Robert Johnson, First Southwest Company at (214) 953-4000.
TRD-200804484
David Long
President
Texas State Affordable Housing Corporation
Filed: August 19, 2008
Public Notice Announcing the Pre-Application Orientation (PAO) for Enrollment of Medicaid Waiver Program Providers
The Department of Aging and Disability Services (DADS) will hold a Pre-Application Orientation (PAO) for persons seeking to participate as contractors in the Home and Community-based Services (HCS) or the Texas Home Living (TxHmL) Medicaid Waiver Programs or both. Two representatives may attend and represent a legal entity.
Persons wanting to attend the PAO must access the registration form on the DADS website at: http://www.dads.state.tx.us/forms/8629/. The registration form will only be available on the DADS website Friday, September 5, 2008, through Friday, November 7, 2008. The registration form must be completed, printed, signed by the authorized representative and returned to:
Department of Aging and Disability Services
Community Services Contracts, Attn: Patsy Haralson
P.O. Box 149030, MC: W-517
Austin, TX 78714-9030
DADS will not accept faxes or any other forms of written requests for the registration form. A completed registration form is submitted timely only under the following conditions:
(1) If mailed via the US Postal Service, the completed registration form must bear a postmark date no later than Friday, November 7, 2008.
(2) If sent via a common or contract carrier, a receipt by the carrier must show that it was placed in the hands of the carrier no later than Friday, November 7, 2008.
(3) If hand delivered, it must be delivered directly to the DADS, Community Services Contracts Unit, 701 W. 51st Street (MC W-517), Austin, Texas 78751 no later than 5:00 p.m. on Friday, November 7, 2008.
The PAO will be held at 8:45 a.m., Monday, December 8, 2008, in Austin, Texas at the J. J. Pickle Center. Registration will close promptly at 8:40 a.m. Arrivals after 8:40 a.m. will not be admitted, and will not receive a PAO Certificate of Attendance. (No Exceptions)
Persons requiring an interpreter for the deaf or hearing impaired, or any other reasonable accommodation, must contact Geraldine Taylor at least three business days prior to the PAO, at (512) 438-5370. For any additional information concerning the PAO registration, you may contact Patsy Haralson, Contract Specialist, at (512) 438-2285. Further information regarding the PAO application process may be obtained on the DADS website at:
http://www.dads.state.tx.us/providers/HCS/index.cfm
National Provider Identifier
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 requires health care entities to use National Provider Identifiers (NPI) on standard health care transactions. DADS requires all health care entities applying to contract with DADS to obtain and report their NPI number. You will be required to submit a NPI assignment letter or email from the National Plan and Provider Enumeration System (NPPES), along with your Application for Participation packet, which will be provided at the PAO.
TRD-200804517
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Filed: August 20, 2008
Notice of Settlement of a Texas Solid Waste Disposal Enforcement Action
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act and the Texas Clean Water Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Acts.
Case Title and Court: Settlement Agreement in State of Texas v. Angela Ellis and John C. Ellis, d/b/a Ellis Auto Detailing, Cause No. D-1-GV-06-001275, 98th Judicial District of Travis County, Texas.
Background: This suit alleges violations of the Texas Solid Waste Disposal Act at a property outside of San Angelo, Tom Green County, Texas. The defendants are Angela Ellis and John C. Ellis, doing business as Ellis Auto Detailing. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs. The Solid Waste Disposal Act violations are for storage and disposal of used and scrap tires without a TCEQ registration.
Nature of Settlement: The settlement awards the State a $44,446.72 civil penalty, $40,000.00 of which is deferred as long as Angela and John Ellis remain in compliance with the injunctive relief. If Angela and John Ellis fully comply with the injunctive relief, $40,000.00 of the civil penalty is forgiven. The settlement also awards $2,184.91 in unpaid administrative penalties and $3,100 in attorney's fees. Finally, the settlement also awards injunctive relief.
For a complete description of the proposed settlement, the proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgments and written comments on the proposed settlement should be directed to Mary Smith, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200804501
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 20, 2008
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act and the Texas Water Code. Before the State may settle a judicial enforcement action under the Texas Clean Air Act and the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code.
Case Title and Court: State of Texas v. Equistar Chemicals, LP; Millennium Petrochemicals, Inc.; Millennium Petrochemical GP, LLC.; and Lyondell Chemical Company, Cause No. D-1-GV-06-002509, in the 201st Judicial District Court, Travis County, Texas.
Nature of Defendant's Operations: Defendants are in the petrochemical production business with facilities located in Harris, Brazoria, Nueces, and Jefferson Counties. Defendants have been cited by the TCEQ for numerous violations due to releases of volatile chemicals, failure to report releases, failure to monitor equipment and failure to maintain and replace equipment as needed and required by permits and regulations on several occasions at each of their facilities.
Proposed Agreed Judgment: The Agreed Final Judgment orders Defendants to pay civil penalties, fund supplemental environmental projects, and pay attorney's fees to the State. Defendants have agreed to pay Plaintiff $6,500,000.00, in civil penalties, $1,000,000 of which will be used to fund TCEQ-approved Supplemental Environmental Project(s) and an additional $500,000.00 in attorney's fees.
For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Anthony W. Benedict, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200804496
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 19, 2008
Request for Proposals for Actuarial Services
On August 15, 2008, the Brazos Valley Council of Governments will release a Request for Proposals for a qualified actuary to provide benefit calculations and analysis for the Brazos Valley's multi-share health coverage program and to provide general consulting on issues surrounding plan design and risk.
A complete set of specifications and documents is available for download at www.bvcog.net or by calling (979) 595-2801, extension 2224. To be considered, proposals must be received no later than 4:00 p.m. CST on September 15, 2008.
TRD-200804401
Crystal Crowell
Program Manager, HIV Administrative Services
Brazos Valley Council of Governments
Filed: August 15, 2008
On August 15, 2008, the Brazos Valley Council of Governments (BVCOG) will release a Request for Proposals for a Consultant for their multi-share health coverage program. Proposals are requested from eligible, qualified consultants to apply their expertise in assisting BVCOG with the development of the Brazos Valley's multi-share health coverage program and to provide general consulting on issues surrounding plan design, development of a provider network and negotiation of rates, cost saving strategies, and other strategies for developing a successful multi-share program.
A complete set of specifications and documents is available for download at www.bvcog.net or by calling (979) 595-2801, extension 2224. To be considered, proposals must be received no later than 4:00 p.m. CST on September 3, 2008.
TRD-200804400
Crystal Crowell
Program Manager, HIV Administrative Services
Brazos Valley Council of Governments
Filed: August 15, 2008
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of August 8, 2008, through August 14, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council's web site. The notice was published on the web site on August 20, 2008. The public comment period for this project will close at 5:00 p.m. on September 19, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Premier Geophysical Services; Location: The project is located approximately 5 miles southeast of Baytown, at the confluence of FM 1405 and FM 2354 (Tri-City Boulevard), at Houston Point, in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Morgans Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 316186; Northing: 3283264. Project Description: The applicant proposes to conduct standard 3-D seismic survey operations within an approximate 5.3-square-mile area. The work would be conducted using airboats to transport personnel and equipment within the portions of the proposed project area covered in water and coastal marsh areas. Shot holes would be drilled to a depth of 80 feet and loaded with a 5.5-pound charge of pentolite. Bentonite would be added to fill the hole and the natural cuttings would be pushed back down the hole and/or scattered where practical. A drill-mounted airboat would be used in shallow waters and a pontoon drill would be used in deeper waters to accomplish the drilling. Seismic detectors and the interconnect cables for the recording equipment would then be placed at the surveyed points. Before detonation, airboats would make three passes around each energy point in an attempt to disburse fish and other mobile aquatic species as practicable as possible. Monitoring of the project area during seismic activities will be conducted by personnel operating the boats to prevent accidental strikes or other disturbances. CCC Project No.: 08-0205-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00418 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: U.S. Army Corps of Engineers; Location: Coast-wide. Project Description: Public notice is for the re-issuance and renaming of four Regional General Permits. CCC Project No.: 08-0209-F1. Type of Application: U.S.A.C.E. permit applications #SWG-1998-02413, SWG-1997-02817, SWG-2002-02392, and SWG-2002-02405 are being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Davis Petroleum Corporation; Location: The project is located in Galveston Bay, State Tracts (ST's) 101 and 86, approximately 11 miles east of Seabrook, in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 321790.20; Northing: 3275687.44. Project Description: The applicant proposes to drill Texas ST 101 Well No. 1. This activity would include the installation and maintenance of a well platform, production platform and a flowline from the well to the production platform. If necessary, a well pad comprised of approximately 1,267 cubic yards of fill may be placed under the drilling rig for stabilization. In addition, the applicant proposes to install a sales pipeline up to 6 inches in diameter from the proposed well platform in a northeasterly direction approximately 7,512 feet to an existing Davis Petroleum Platform in ST 86. Approximately 2,500 cubic yards of material would be displaced by jetting and/or trenching during the installation of the pipeline. CCC Project No.: 08-0212-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00622 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Genesis Producing Company, L.P.; Location: The project is located in Galveston Bay, State Tract (ST) 205, approximately 7.8 miles northeast of Seabrook, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Bacliff, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 316400.63; Northing: 3273863.60. Project Description: The applicant proposes to drill a well in ST 205, and install a well platform, flowline, production platform, and walkway (if required). The applicant also proposes to install a sales pipeline up to 8 inches in diameter from said well northeasterly approximately 1,911 feet to an existing Layton Energy Platform also in ST 205. Approximately 1,200 cubic yards of material would be displaced during pipeline construction. CCC Project No.: 08-0213-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00603 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above, including a copy the consistency certifications for inspection, may be obtained from Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax to (512) 475-0680.
TRD-200804512
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: August 20, 2008
Notice of Contract Amendment and Renewal
Pursuant to Chapter 403, Texas Government Code, and Chapter 2254, Subchapter A, Texas Government Code; and Chapters 72 - 75, Property Code, the Comptroller of Public Accounts (Comptroller) announces this notice of amendment and renewal of two (2) contracts awarded for providing professional unclaimed property audit services for one (1) additional one-year term, each.
The Notice of Request for Proposals (RFP #179b) was published in the July 6, 2007, issue of the Texas Register (32 TexReg 4250). The Notice of Award was published in the March 21, 2008, issue of the Texas Register (33 TexReg 2569).
The contracts amended and renewed are:
Audit Services U.S., LLC., 212 West 35th Street, Suite 600, New York, New York 10001. The original term of the contract was October 5, 2007 through August 31, 2008. The renewal extends the contract through August 31, 2009, with one option for one (1) additional one-year renewal remaining.
Abandoned Property Experts, LLC, 5521 Geddes Rd., Ann Arbor, Michigan 48105. The original term of the contract was November 29, 2007 through August 31, 2008. The renewal extends the contract through August 31, 2009, with one option for one (1) additional one-year renewal remaining.
The total amount of each contract is based on a percentage of the cash value of net unclaimed property received by Comptroller as a result of an audit.
TRD-200804448
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: August 18, 2008
The Comptroller of Public Accounts (Comptroller) announces the amendment and renewal of the professional accounting services contract with McConnell & Jones, LLP, 3040 Post Oak Blvd., Suite 1600, Houston, Texas 77056. The contractor provides professional accounting services to the Texas Prepaid Higher Education Tuition Board.
The term of the contract was July 19, 2006 through August 31, 2008. This renewal extends the term of the contract through August 31, 2009.
The total amount of the contract as amended is estimated to be $115,500.00.
The notice of request for proposals (RFP 175L) was originally published in the March 3, 2006, issue of the Texas Register (31 TexReg 1496). The notice of award was published in the August 11, 2006, issue of the Texas Register (31 TexReg 6395).
TRD-200804460
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: August 19, 2008
Pursuant to §2107.003(c-1), Texas Government Code, the Comptroller of Public Accounts (Comptroller), announces its issuance of a Request for Proposals (RFP #190b) for the purpose of obtaining collection services from a qualified firm for the collection of certain delinquent state taxes that are required by law to be collected by the Comptroller. The successful respondent, if any, will be expected to begin performance of the contract on or after October 29, 2008 or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on August 29, 2008, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller is also making the RFP available electronically on the Electronic State Business Daily after August 29, 2008, 10:00 a.m. (CZT). The address of the Electronic State Business Daily is http://esbd.cpa.state.tx.us.
Non-Mandatory Letters of Intent and Questions: Letters of Intent are non-mandatory. All written inquiries, questions and non-mandatory Letters of Intent must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, September 12, 2008. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 or e-mail them to contracts@cpa.state.tx.us to ensure timely receipt. Letters of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must be signed by an authorized representative of the responding entity. All responses to questions will be posted electronically on Wednesday, September 17, 2008 or as soon thereafter as practical, on the Electronic State Business Daily at: http://esbd.cpa.state.tx.us. Non-Mandatory Letters of Intent and Questions received after the deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be received in the Assistant General Counsel for Contracts' Office at the location specified above (ROOM 201) no later than 2:00 p.m. (CZT), on Tuesday, September 30, 2008. Proposals received in ROOM 201 after this time and date will not be considered; respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.
Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP.
The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - Friday, August 29, 2008, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - Friday, September 12, 2008, 2:00 p.m. CZT; Official Responses to Questions posted - Wednesday, September 17, 2008, or as soon thereafter as practical, Proposals Due - Tuesday, September 30, 2008, 2:00 p.m. CZT; Contract Execution - October 28, 2008, or as soon thereafter as practical; Commencement of Contract Activities - October 29, 2008 or as soon thereafter as practical.
TRD-200804461
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: August 19, 2008
Pursuant to Chapter 403, Chapter 2254, Subchapter A, Texas Government Code, and Chapter 111 Texas Tax Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract awards.
The Comptroller's Request for Qualifications (RFQ #183b) related to these contract awards was published in the April 25, 2008, issue of the Texas Register (33 TexReg 3459).
The contractors will provide Professional Contract Auditing Services as authorized by Subchapter A, Chapter 111, §111.0045 of the Texas Tax Code as described in the Comptroller's RFQ.
The Comptroller announces that eleven (11) contracts were awarded on August 13, 14 and 15, 2008 as follows:
A contract is awarded to Jacqueline A. Muhammad d/b/a Alexander Consulting, 11303 Chimney Rock Road, Suite 109, Houston, Texas 77035. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 13, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to Energy Network, Inc., 4646 Hwy 6 South, PMB #135, Sugar Land, Texas 77478-5214. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 13, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to Dorothea Brooks, CPA, 1203 South Houston Ave, Humble, Texas 77338. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 13, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to Charles Neira, 6001 Cattail, Corpus Christi, Texas 78414. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 13, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to Joe Wamp, 6606 Mapleshade Lane, #21F, Dallas, Texas 75252. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 14, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to Nolton Consulting, LLC, 200 Creekside Park Drive, Johns Creek, Georgia 30022. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 14, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to Sandra Forbes, 19019 Neath Street, Humble, Texas 77346. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 18, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to State and Local Tax Group, 308 Cooper Dr., Hurst, Texas 76053. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 18, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to Tarrant & Bulgherini, P.C., 7109 Yucca Dr., Galveston, Texas 77551-1725. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 18, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
A contract is awarded to Willie L. Sullivan, Jr., 4530 Brookren Ct., Pearland, Texas 77584. Examinations will be assigned in $33,000 increments or packages but no contract examiner shall have examination packages totaling more than $180,000 in fees during any one state fiscal year during the contract term. The term of the contract is August 18, 2008 through August 31, 2009, with two (2) one (1) year options to renew.
TRD-200804494
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: August 19, 2008
Pursuant to Chapter 403, Texas Government Code, and Chapter 2254, Subchapter A, Texas Government Code; and Chapters 72 - 75, Property Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP #190c) from qualified, independent firms to provide professional unclaimed property auditing services to Comptroller. Successful respondents will be expected to assist Comptroller in conducting audits of unclaimed property holders and providing other related services as directed by Comptroller. Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s) will be expected to begin performance of the contract(s), if any, awarded under this RFP on or about September 22, 2008.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room 201, Austin, Texas 78774 (Issuing Office), telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on Friday, August 29, 2008, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller will also make the complete RFP available electronically after 10:00 a.m. (CZT), Friday, August 29, 2008.
All written inquiries, questions, and Non-Mandatory Letters of Intent to propose must be received in the Issuing Office prior to 2 p.m. (CZT) on Wednesday, September 3, 2008. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. The responses to questions and other information pertaining to this procurement will be posted on Friday, September 5, 2008, or as soon thereafter as practical, on the Electronic State Business Daily at: http://esbd.cpa.state.tx.us. Letters of Intent and Questions received after the foregoing deadline will not be considered. Respondents are solely responsible for verifying timely receipt in the Issuing Office of Non-Mandatory Letters of Intent and Questions.
Closing Date: Proposals must be received in the Issuing Office at the location specified above no later than 2 p.m. (CZT), on Monday, September 15, 2008. Proposals received in the Issuing Office after this time and date will not be considered. Respondents are solely responsible for verifying the timely receipt of Proposals in the Issuing Office.
Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - August 29, 2008, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - September 3, 2008, 2 p.m. CZT; Official Questions and Responses posted - September 5, 2008 (or as soon thereafter as practical); Proposals Due - September 15, 2008, 2 p.m. CZT; Contract Execution - September 22, 2008, or as soon thereafter as practical; Commencement of Project Activities - September 22, 2008, or as soon thereafter as practical.
TRD-200804500
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: August 20, 2008
Pursuant to Chapter 2254, Subchapter B and Chapter 403, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the withdrawal of its Request for Proposals (RFP 190a) for consulting services to assist the Comptroller in reviewing the methodology of the annual Property Value Study.
Issuance Date: The Request for Proposals was published in the August 15, 2008, issue of the Texas Register (33 TexReg 6628).
TRD-200804449
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: August 18, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/25/08 - 08/31/08 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/25/08 - 08/31/08 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 09/01/08 - 09/30/08 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 09/01/08 - 09/30/08 is 5.00% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200804464
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 19, 2008
Applications to Expand Field of Membership
Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:
An application was received from West Texas Educators Credit Union, Odessa, Texas to expand its field of membership. The proposal would permit students at Odessa College in Odessa, Texas, to be eligible for membership in the credit union.
An application was received from United Energy Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship in and businesses located within 10 miles of the office of United Energy Credit Union located at 8790 F.M. 1960, Humble, Texas 77338 and 1111 Louisiana, Houston, Texas 77002, to be eligible for membership in the credit union.
An application was received from Texas Dow Employees Credit Union (#1), Lake Jackson, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in, and businesses and other legal entities located in Brazoria County, Texas, to be eligible for membership in the credit union.
An application was received from Texas Dow Employees Credit Union (#2), Lake Jackson, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in, and businesses and other legal entities located in Fort Bend County, Texas, to be eligible for membership in the credit union.
An application was received from Texas Dow Employees Credit Union (#3), Lake Jackson, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in, and businesses and other legal entities located in Galveston County, Texas, to be eligible for membership in the credit union.
An application was received from Texas Dow Employees Credit Union (#4), Lake Jackson, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in, and businesses and other legal entities located in Harris County, Texas, to be eligible for membership in the credit union.
An application was received from Texas Dow Employees Credit Union (#5), Lake Jackson, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in, and businesses and other legal entities located in Matagorda County, Texas, to be eligible for membership in the credit union.
An application was received from Texas Dow Employees Credit Union (#6), Lake Jackson, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in, and businesses and other legal entities located in Wharton County, Texas, to be eligible for membership in the credit union.
An application was received from Anheuser-Busch Employees' Credit Union (#1), St. Louis, Missouri to expand its field of membership in Texas. The proposal would permit individuals, organizations and associations who are located, reside, or work within a ten mile radius of our branch located at 3500 Manor Way, Dallas, Texas 75235, to be eligible for membership in the credit union.
An application was received from Anheuser-Busch Employees' Credit Union (#2), St. Louis, Missouri to expand its field of membership in Texas. The proposal would permit individuals, organizations and associations who are located, reside, or work within Lamar County, Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200804497
Harold E. Feeney
Commissioner
Credit Union Department
Filed: August 20, 2008
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:
Applications to Expand Field of Membership - Approved
Midwestern State University Credit Union, Wichita Falls, Texas - See Texas Register issue dated May 30, 2008.
First Service Credit Union, Houston, Texas - See Texas Register issue dated June 27, 2008.
Metroplex Credit Union, Carrollton, Texas - See Texas Register issue dated June 27, 2008.
Application(s) to Amend Articles of Incorporation - Approved
Galleria Credit Union, Dallas, Texas - See Texas Register issue dated June 27, 2008.
Application(s) for a Merger or Consolidation - Approved
Key Federal Credit Union (Houston) and Smart Financial Credit Union (Houston) - See Texas Register issue dated April 25, 2008.
Garland Federal Credit Union (Garland) and America's Credit Union (Garland) - See Texas Register issue dated April 25, 2008.
TRD-200804498
Harold E. Feeney
Commissioner
Credit Union Department
Filed: August 20, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 29, 2008 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 29, 2008. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Atlas Pipeline Mid-Continent WestTex, LLC; DOCKET NUMBER: 2008-0758-AIR-E; IDENTIFIER: RN100213701; LOCATION: Reagan County; TYPE OF FACILITY: oil and gas production plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §122.145(2)(C) and §122.146(2), General Operating Permit Number O-440/Oil and Gas General Operating Number 514, Site-wide requirements (1) and (2), and Texas Health and Safety Code (THSC), §382.085(b), by failing to timely submit a semi-annual deviation report and a compliance certification; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(2) COMPANY: Roger Collins; DOCKET NUMBER: 2008-0581-IHW-E; IDENTIFIER: RN105362859; LOCATION: Chilton, Falls County; TYPE OF FACILITY: cattle feeding operation; RULE VIOLATED: 30 TAC §335.4(2), by failing to prevent the disposal of industrial solid waste; PENALTY: $1,020; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2008-0714-AIR-E; IDENTIFIER: RN102926920; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 6257E, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,650; Supplemental Environmental Project (SEP) offset amount of $2,260 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: James Lewis Allen dba Holiday Springs Mobile Home Park; DOCKET NUMBER: 2008-0770-MWD-E; IDENTIFIER: RN101194041; LOCATION: Harrison County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System Permit Number WQ0014746001 Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with the permitted effluent limits for total suspended solids, five-day biochemical oxygen demand, and total chlorine residual; PENALTY: $2,440; SEP offset amount of $976 applied to RC&D - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(5) COMPANY: John T. Leslie; DOCKET NUMBER: 2008-0522-PST-E; IDENTIFIER: RN101757722; LOCATION: Daingerfield, Morris County; TYPE OF FACILITY: underground storage tank (UST); RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, one UST; and 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding the USTs; PENALTY: $3,675; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(6) COMPANY: Darryl Wheeler dba Magnolia Lake RV Park; DOCKET NUMBER: 2008-0748-PWS-E; IDENTIFIER: RN101237154; LOCATION: Polk County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.109(f)(1)(A) and §290.122(a)(1) and THSC, §341.031(a), by exceeding the acute maximum contaminant level for fecal coliform and E. coli bacteria and by failing to provide public notification; 30 TAC §290.46(q)(l), by failing to issue a boil water notification; and 30 TAC §290.109(f)(3) and §290.122(b)(2) and THSC, §341.031(a), by exceeding the maximum contaminant level for total coliform and by failing to provide public notice; PENALTY: $2,335; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(7) COMPANY: Northwest Harris County Municipal Utility District Number 5; DOCKET NUMBER: 2008-0826-MWD-E; IDENTIFIER: RN101400414; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: PD Glycol LP; DOCKET NUMBER: 2008-0775-AIR-E; IDENTIFIER: RN100825413; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: industrial organic chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit 3361A SC 3, General Operating Permit Number O-01620 SC 7A, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits; PENALTY: $5,500; SEP offset amount of $2,200 applied to Jefferson County-Southeast Texas Regional Air Monitoring Network; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(9) COMPANY: Petroleum Wholesale, L.P. dba Sunmart 476; DOCKET NUMBER: 2008-0670-PST-E; IDENTIFIER: RN102358686; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $5,816; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(10) COMPANY: H. G. Word; DOCKET NUMBER: 2008-0332-PST-E; IDENTIFIER: RN101573582; LOCATION: Tom Bean, Grayson County; TYPE OF FACILITY: USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, three USTs; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5000.
TRD-200804459
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 19, 2008
The following notice was issued during the period of August 13, 2008.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
NOTICE OF COMPLETION OF TECHNICAL REVIEW AND DRAFT LICENSE OF PROPOSED RADIOACTIVE MATERIAL LICENSE NUMBER R04100 AND NOTICE OF PUBLIC MEETING APPLICATION AND PRELIMINARY DECISION. Waste Control Specialists, LLC has applied to the Texas Commission on Environmental Quality (TCEQ) for a radioactive material license to authorize disposal of low-level radioactive waste. Waste Control Specialists, LLC provides commercial hazardous waste and radioactive material management and disposal services. The application requests authorization to license a compact waste disposal facility for disposal of low-level radioactive waste subject to the Texas Low-Level Radioactive Waste Disposal Compact. The application also requests authorization under a license for a federal facility waste disposal facility for disposal of low-level radioactive waste that is the responsibility of the federal government. The application also requests exemption from a Commission rule requirement in Title 30 Texas Administrative Code §336.734(a), relating to the ownership of land on which low-level radioactive waste is disposed. Specifically, Waste Control Specialists, LLC requests exemption from the requirement that the state or federal government own the land on which low-level radioactive waste is disposed for the federal facility waste disposal facility. The land disposal facility is proposed to be located at 9998 West Highway 176 approximately one mile north of State Highway 176 and one half mile east of the Texas-New Mexico State boundary and approximately 30 miles west of the city of Andrews in Andrews County, Texas. The application was submitted to the TCEQ on August 4, 2004, and was originally processed as proposed license number RW4100. The proposed license has been re-designated as R04100 to conform to revised TCEQ coding requirements. The TCEQ Executive Director has completed the technical review of the application and prepared a draft license. The draft license if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this license, if issued, meets all statutory and regulatory requirements. The Executive Director prepared a written environmental analysis on the application that is available to the public for review. The license application, Executive Director's technical summary, environmental analysis, and draft license are available for viewing and copying at the Andrews County Library located at 109 Northwest First Street in Andrews, Texas. The application, technical summary, draft license, and environmental analysis are available at the offices of the TCEQ at 12100 Park 35 Circle, Bldg. F, Austin, Texas 78753 and are also available for viewing on the internet at: http://www.tceq.state.tx.us/goto/wcsllrw.
PUBLIC COMMENT/PUBLIC MEETING. The TCEQ will hold a public meeting for this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments on the application, the draft license, the environmental analysis, or the exemption request. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application and the Executive Director's preliminary decision, but these informal comments made during the informal period will not be considered by the Commissioners before reaching a decision on the application and no formal response will be made. During the Formal Comment Period, members of the public may state their formal comments into the official record. A written response to all formal comments will be prepared by the Executive Director and considered by the Commissioners before they reach a decision on the application. A copy of the response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this application and provides a mailing address. Only relevant and material issues raised during the formal comment period can be considered if a contested case hearing is granted. The Public Meeting is to be held: Monday, September 8, 2008 at 7:00 p.m. Andrews High School Little Theater 1400 NW Avenue K Andrews, Texas 79714
OPPORTUNITY FOR A CONTESTED CASE HEARING. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. The TCEQ may grant a contested case hearing on this application if a written hearing request is timely submitted.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, mailing address, phone number; applicant's name and license number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "I/we request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and license number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date of newspaper publication of this notice.
AGENCY CONTACTS AND INFORMATION. If you need more information about this license application or the licensing process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040. Further information may also be obtained from Waste Control Specialists, LLC at Three Lincoln Center, 5430 LBJ Freeway, Suite 1700, Dallas, TX 75240 or by calling Mr. William Dornsife, P.E. at (717) 540-5220.
TRD-200804509
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 20, 2008
In accordance with Solid Waste Disposal Act, §361.613, Subchapter S, the executive director of the Texas Commission of Environmental Quality (TCEQ or commission) shall calculate and publish annually the commission's costs to administer the Voluntary Cleanup Program. The Innocent Owner/Operator Program, based on authority from Solid Waste Disposal Act, §361.752(b), shall also calculate and publish annually a rate established for the purposes of identifying the costs recoverable by the commission. The TCEQ is publishing the hourly billing rate of $107 for both the Voluntary Cleanup Program and the Innocent Owner/Operator Program for Fiscal Year 2009.
The Voluntary Cleanup and The Innocent Owner/Operator Program are implemented by the same TCEQ staff. Therefore, a single hourly billing rate for both programs was derived from current projections for salaries plus the fringe benefit rate and the indirect cost rate, less federal funding and application fees, divided by the estimated hours to complete program tasks. The hourly rate for the two programs was calculated and then rounded to a whole dollar amount. Billable salary hours were derived by subtracting the release time hours from the total available hours and a further reduction of 35% to account for non-site specific hours. The release time includes sick leave, jury duty, holidays, etc., and is set at 20.18%. The current fringe benefit rate is 26.34%. Fringe benefits include retirement, social security, and insurance expenses and are calculated at a rate that applies to the agency as a whole. The indirect cost rate is 31.57%. Indirect costs include allowable overhead expenses and are also calculated at a rate that applies to the whole agency. The billing process for Fiscal Year 2009 will use the hourly billing rate of $107 for both the Voluntary Cleanup Program and the Innocent Owner/Operator Program and will not be adjusted. All travel-related expenses will be billed as a separate expense. After an applicant's initial $1,000 application fee has been expended by the Innocent Owner/Operator Program or the Voluntary Cleanup Program review and oversight, invoices will be sent to the applicant on a monthly basis for payment of additional program expenses.
The commission anticipates receiving federal funding during Fiscal Year 2009 for the continued development and enhancement of the Voluntary Cleanup Program and the Innocent Owner/Operator Program. If the federal funding anticipated for Fiscal Year 2009 does not become available, the commission may publish a new rate. Federal funding of the Voluntary Cleanup Program and the Innocent Owner/Operator Program should occur prior to October 1, 2008.
For more information, please contact Mr. Jay Carsten, P.G., Environmental Cleanup II, Remediation Division, Texas Commission on Environmental Quality, MC 221, 12100 Park 35 Circle, Austin, Texas 78753 or call (512) 239-5873 or email: jcarsten@tceq.state.tx.us.
TRD-200804398
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 15, 2008
The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this notice of deletion of the Hicks Field Sewer Corporation proposed state Superfund site (the Site) from its proposed-for-listing status on the state registry. The state registry is the list of state Superfund sites that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.
The Site was originally proposed for listing on the state registry in the July 19, 2002, issue of the Texas Register (27 TexReg 6575). The Site consists of approximately 3.8 acres and is located 1.8 miles west of the intersection of United States (U.S.) Highway 81-287 and Farm-to-Market Road 156, or approximately one mile east of the intersection of U.S. Business Route 287 and Hicks Field Road near Saginaw, Tarrant County, Texas. The Site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the Site.
The Site is located approximately 2.5 miles northwest of Saginaw, Tarrant County, Texas. Two sludge drying beds, two surface impoundments, and two concrete separator tanks were used by the Hicks Field Sewer Corporation from the early 1970's to approximately mid-1994 to provide sewage treatment services for the nearby Hicks Field Industrial Park.
Businesses that operated at the industrial park included a metal finisher, a container manufacturer, a storage tank fabricator, and a small trucking firm. The sewer corporation primarily processed domestic wastes from the industrial park. However, from the early 1970's until operations ceased in early 1981, the metal finisher located in the industrial park reportedly discharged process rinse waters containing metals to the sewer treatment facility. Elevated concentrations of cadmium, chromium, and zinc were found in the sediments remaining in the waste management units of the sewer treatment facility.
From 2002 to 2005, the TCEQ conducted a remedial investigation at the Site. During 2006 and 2007, the TCEQ conducted a removal action at the Site, including excavation, treatment, and disposal of all soils and sediments containing metals concentrations above remediation goals. As part of the removal action, waste management units at the Site were dismantled or filled with clean soil and graded to drain. In addition, excavated areas were filled and graded to drain; and grass was planted by hydro-seeding throughout the property. The Site remains fenced in order to protect the new grass.
The Site is not appropriate for residential use according to the TCEQ Texas Risk Reduction Program Rule found at 30 Texas Administrative Code (TAC) Chapter 350. The TCEQ has filed a notice in the real property records of Tarrant County stating that the Site is not appropriate for residential use.
In accordance with 30 TAC §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the Site on March 27, 2008, at the Saginaw City Hall Council Chambers, located at 333 West McLeroy Boulevard, Saginaw, Texas. No comments regarding the proposed deletion were received prior to or at the public meeting. The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, 12100 Park 35 Circle, MC-199, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. For persons with disabilities, parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.
Pursuant to 30 TAC §335.344(c), the ED has determined that due to the removal action that has been performed at the Site, the Site no longer presents an imminent and substantial endangerment to public health and safety and the environment.
In accordance with §361.188(d) of the Texas Health and Safety Code, a notice has been filed in the real property records of Tarrant County, Texas stating that the Site has been deleted from the state registry.
All inquiries regarding the deletion of the Site should be directed to Crystal Taylor, Community Relations, telephone number (800) 633-9363, extension, 3844.
TRD-200804399
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 15, 2008
Revised Notices issued August 15, 2008.
LP Woodland Lakes Estates, Ltd (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 518 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of three tracts, to be included in the proposed District; (2) there is one lien holder, Capital Farm Credit, FLCA, on the property to be included in the proposed District; (3) the proposed District will contain approximately 450.372 acres located in Harris County, Texas; and (4) most of the land within the proposed District is within the corporate limits of the City of Houston, Texas (City) and a small portion is within the extraterritorial jurisdiction of the City. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $22,790,000.
David B. Hendricks and Houston Intercontinental Trade Center, L.P. (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District No. 126 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of five tracts, to be included in the proposed District; (2) there are two lien holders, Sterling Bank, and Benchmark Bank, on the property to be included in the proposed District; (3) the proposed District will contain approximately 293.49 acres located in Montgomery County, Texas; and (4) all of the land within the proposed District is within the corporate limits of the City of Conroe, Texas (City). According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time; the cost of the project is estimated to be approximately $24,375,000 for water, wastewater, and drainage facilities, $3,340,000 for road facilities, and $1,310,000 for parks and recreational facilities.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing;" (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200804508
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 20, 2008
The following notices were issued during the period of August 7, 2008 through August 14, 2008.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
2006 MUSTANG CREEK DEVELOPMENT INC. has applied for a renewal of TPDES Permit No. WQ0014641001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility will be located approximately 2,600 feet west of State Highway 288 and 2,550 feet north of County Road 58 in Brazoria County, Texas.
BAYER MATERIALSCIENCE LLC which operates facilities which manufacture organic chemicals, plastics, and inorganic chemicals, has applied for a major amendment to TPDES Permit No. WQ0001499000 to authorize the discharge of treated process wastewater, treated sanitary wastewater, utility wastewater, and storm water at a daily average flow not to exceed 10,000,000 gallons per day via new Outfall 008; remove monitoring requirements for acetone at Outfall 007; reduce the monitoring frequencies of total suspended solids, total organic carbon, and ammonia at Outfall 007 to once per week; and remove Outfall 001 from the permit. The current permit authorizes the discharge of treated process wastewater, treated sanitary wastewater, utility wastewater, and storm water via Outfalls 001 and 007 at a daily average flow not to exceed 10,000,000 gallons per day, and the intermittent flow variable discharge of storm water and hydrostatic test water via Outfalls 002, 003, 004, and 006. The facility is located east of Cedar Bayou, approximately 0.5 mile south of the intersection of Farm-to-Market Road 1405 (West Bay Road) and Farm-to-Market Road 565 northeast of the City of Baytown, Chambers County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
CITY OF ALTO has applied for a renewal of TPDES Permit No. WQ0010546001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 4,000 feet southeast of the intersection of State Highway 21 and U.S. Highway 69 in Cherokee County, Texas.
CITY OF COMANCHE has applied for a renewal of TPDES Permit No. WQ0014445001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 595,000 gallons per day. The facility is located southeast of the intersection of Fleming Avenue and Park Street and north of Indian Creek in Comanche County, Texas.
CITY OF CONROE has applied for a renewal of TPDES Permit No. WQ0010008002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located immediately north of the confluence of Lake Creek with the San Jacinto River, at the end of Old Magnolia Road, approximately 2.5 miles west of Interstate Highway 45 and approximately 2.5 miles south of Farm-to Market-Road 2854 in Montgomery County, Texas.
CITY OF HOUSTON Harris County, Harris County Flood Control District, and Texas Department of Transportation - Houston District (members of the Storm Water Management Joint Task Force, or JTF) which own or operate their portion of the JTF Municipal Separate Storm Sewer System (MS4), have applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of NPDES Permit No. TXS001201. The draft permit authorizes storm water point source discharges to surface water in the state from the JTF MS4. This permit will be renewed as TPDES Permit No. WQ0004685000.
CITY OF MASON has applied for a renewal of TPDES Permit No. WQ0010670001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 420,000 gallons per day. The facility is located approximately 3/4 mile northeast of the intersection of U.S. Highway 87 and Farm-to-Market Road 1723, southeast of the City of Mason in Mason County, Texas.
CITY OF PENITAS has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014884001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located approximately 2,000 feet east of the intersection of 19th Street and Military Road (1427), off Chihuahua Road in Hidalgo County, Texas.
CITY OF SOUTH HOUSTON has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010287001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The Applicant had previously requested an amendment for the removal of the mercury limit but is now proceeding instead with a renewal of the existing permit thus leaving the mercury limit in the permit. The facility is located on the west bank of Berry Bayou, at the intersection of Georgia Street and Amarillo Street, in the City of South Houston in Harris County, Texas.
CITY OF VALLEY VIEW has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014892001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 181,000 gallons per day. The facility is located on the east side of Interstate Highway 35, approximately 1.3 miles south of the intersection of Farm-to-Market Road 922 and Interstate Highway 35 in Cooke County, Texas. Authorization to discharge was previously permitted under Permit No. WQ0011164001, which expired September 1, 2007.
DOUBLE DIAMOND UTILITIES CO. has applied for a major amendment to TPDES Permit No. WQ0013786002 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 50,000 gallons per day to a daily average flow not to exceed 100,000 gallons per day. The facility is located 2.5 miles northwest of the intersection of Farm-to-Market Road 933 and Farm-to-Market Road 2604 in Hill County, Texas.
EVONIK DEGUSSA CORPORATION which operates Borger Carbon Black Plant, a carbon black manufacturing plant, has applied for a major amendment to TPDES Permit No. WQ0000734000 to establish Outfall 001 for the intermittent discharge of process area wastewater, utility wastewater, domestic wastewater, and storm water during severe weather events. The facility is located adjacent to State Highway 136, approximately 0.25 miles north of the intersection of the Panhandle and Santa Fe Railroad crossing and approximately 0.3 miles west of the City of Borger, Hutchinson County, Texas.
LAXMIBEN LALBHAI PATEL, MAGANBHAI RANCHLODBHAI PATEL, BHAGUBHAI BHULO PATEL AND VINUBHAI BHULO PATEL has applied for a renewal of TPDES Permit No. WQ0012161001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The facility is located south of Michael Street at a point approximately 180 feet west of the intersection of McGruder and Michael Streets, north of the city of Cleveland in Liberty County, Texas.
STUDY BUTTE WATER SUPPLY CORPORATION which operates a reverse osmosis water treatment plant, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004766000, to authorize the discharge of reverse osmosis reject water at a daily average flow not to exceed 200,000 gallons per day via Outfall 001. The facility is located approximately 4,000 feet north of the intersection of Ghost Town Road and Ranch Road 170, and approximately one-eighth of a mile northwest of the City of Terlingua, Brewster County, Texas.
US ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit No. WQ00120540001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 4,000 gallons per day. The facility is located in Caddo Park, on the northeastern side of Lake Lavon, approximately 2.3 miles east of the intersection of U. S. Highway 380 and State Highway 78 in Collin County, Texas.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200804506
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 20, 2008
Notices issued August 11, 2008 through August 15, 2008.
APPLICATION NO. 12333; ETC Katy Pipeline, Ltd., Applicant, 800 E. Sonterra Blvd., Suite 400, San Antonio, TX 78258, seeks a temporary water use permit to divert and use not to exceed 22 acre-feet of water from Yarboro Lake on an unnamed tributary of Grassy Creek, Brazos River Basin within a period of one year for industrial purposes (hydrostatic testing) in Grimes County. More information on the application and how to participate in the permitting process is given below. The application and fees were received on June 4, 2008, and additional information and fees were received on July 7, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on July 15, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by September 2, 2008. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by September 2, 2008. The Executive Director may approve the application unless a written request for a contested case hearing is filed by September 2, 2008.
APPLICATION NO. 12265; Mineola Tuscany Park Homeowners Association, Applicant, P.O. Box 601, Mineola, Texas 75773, has applied for a Water Use Permit to maintain an existing dam and reservoir located on an unnamed tributary of Twomile Branch, Sabine River Basin, for in-place recreational purposes in Wood County. More information on the application and how to participate in the permitting process is given below. The application was received on November 1, 2007. Additional information and fees were received on March 25, May 22, and June 26, 2008. The application was accepted for filing and declared administratively complete on July 3, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 12291; Texas Westmoreland Coal Company, Applicant, P.O. Box 915, Jewett, Texas 75846, has applied for a Water Use Permit to construct and maintain two reservoirs and maintain two existing reservoirs with a combined normal capacity of 2,077 acre-feet on Mine Creek and Lambs Creek, Brazos River Basin for in-place recreation, domestic, and livestock purposes, including diversions of inflows for domestic and livestock purposes, in Leon County. More information on the application and how to participate in the permitting process is given below. The application was received on December 21, 2007, and additional information and fees were received on March 31, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on May 22, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 12292; Texas Westmoreland Coal Company, Applicant, P.O. Box 915, Jewett, Texas 75846, has applied for a Water Use Permit to construct and maintain two reservoirs and maintain three existing reservoirs with a combined normal capacity of 5,469 acre-feet on Bow Branch Creek, Buffalo Creek, Rena Branch Creek, Silver Creek, and Taylor Springs Branch Creek, Trinity River Basin for in-place recreation, domestic, and livestock purposes, including diversions from inflows for domestic and livestock purposes, in Freestone and Leon Counties. More information on the application and how to participate in the permitting process is given below. The application was received on December 21, 2007, and additional information and fees were received on March 31, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on May 22, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200804507
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 20, 2008
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 12, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Mark Stewart and Dona Stewart dba Stewart Water; SOAH Docket No. 582-08-2960; TCEQ Docket No. 2007-1805-PWS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Mark Stewart and Dona Stewart dba Stewart Water on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200804510
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 20, 2008
Public Hearing on Proposed Amendments and New Rules Relating to Erosion Response Plans
The Texas General Land Office will hold a public hearing in the Cameron County/South Padre Island area on September 4, 2008, to receive public comment on the proposed rule amendments and new rule concerning 31 TAC Chapter 15. These rule amendments and new rule address Coastal Area Planning, Management of the Beach/Dune System, and Coastal Erosion Planning and Response that were originally published in the May 16, 2008, issue of the Texas Register (33 TexReg 3885). The GLO proposed amendments to §15.2, relating to definitions; §15.3, relating to review periods for proposed construction, review periods for local government beach and dune plans, and determination of the line of vegetation by the GLO; and §15.8, relating to beach user fees. The GLO also proposed new §15.16 and amended §15.41 in order to provide guidelines for local governments to establish erosion response plans that incorporate a building set-back line.
The hearing will be held in compliance with §2001.029 of the Texas Government Code to provide all interested persons a reasonable opportunity to submit data, views, or arguments, verbally or in writing on the proposed rulemaking. The hearing will be at 5:00 PM in the Town of South Padre Island Municipal Complex, Board of Aldermen Room, 2nd Floor. The Municipal Complex can be found at 4601 Padre Boulevard, two and one-half miles north of the Queen Isabella Causeway on South Padre Island. Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Gary Ainsworth at (956) 761-6458, so that appropriate arrangements can be made.
Written comments regarding the proposal may be submitted in lieu of testimony at the hearing or may be sent by U.S. mail to Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or e-mail to walter.talley@glo.state.tx.us no later than September 15, 2008.
Further details can be found by clicking on the "View Current Open Meetings" link at http://www.sos.state.tx.us/open/index.shtml. Type in "General Land Office" for the agency name and click on "Find".
TRD-200804511
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: August 20, 2008
Notice of Public Hearing on Proposed Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on September 15, 2008, at 2:00 p.m., to receive public comment on the proposed rate for the Truman W. Smith Children's Care Center, a nursing facility which is a member of the pediatric care facility special reimbursement class of the Nursing Facility Program operated by the Texas Department of Aging and Disability Services (DADS).
The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Permian Basin Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd., Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes the following per-day payment rate for the nursing facility pediatric care facility special reimbursement class for Truman W. Smith Children's Care Center:
Effective September 1, 2008: $206.47.
Methodology and Justification. The proposed rate was determined in accordance with the rate setting methodology codified at 1 TAC Chapter 355, Subchapter C, §355.307, Reimbursement Setting Methodology.
Briefing Package. A briefing package describing the proposed payment rate will be available on August 29, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1438; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200804492
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 19, 2008
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to reimburse state-owned teaching hospital direct graduate medical education (GME) costs effective September 1, 2008. The reimbursement methodology for state-owned teaching hospitals GME costs will be similar to the Medicare regulation governing reimbursement for GME costs. The Medicare GME methodology described in federal regulation 42 CFR §413.86, calculates a teaching hospitals GME payment using a hospital-specific per resident amount formula. The proposed Medicaid formula will calculate a hospital's total direct GME payments by determining (1) a base year average per resident amount multiplied by, (2) the number of current full-time residents, multiplied by (3) the proportion of the hospital's inpatient days used by Medicaid patients (the hospital's Medicaid inpatient utilization percentage). Texas Medicaid is proposing a deviation from federal regulation 42 CFR §413.86 related to the calculation of the Medicaid inpatient utilization percentage by including the nursery days in the denominator and numerator. The inclusion of nursery days in the Medicaid utilization percentage is a more accurate reflection of actual Medicaid utilization and proportioning direct GME cost associated with providing services to Medicaid patients. The base year per resident amount will be calculated based on the most recent state fiscal year with an available audited hospital cost report.
The proposed amendment is estimated to result in additional annual aggregate expenditures of $30,079,989 for the remainder of federal fiscal year (FFY) 2008, with approximately $18,216,441 in federal funds and approximately $11,863,548 in state general revenue. For FFY 2009, the estimated additional aggregate expenditures will be $31,072,628 with approximately $18,469,570 in federal funds and approximately $12,603,058 in state general revenue. For FFY 2010, the estimated additional aggregate expenditures will be $32,098,025, with approximately $18,806,233 in federal funds and approximately $13,291,792 in state general revenue.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Chris Dockal, Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1467; by facsimile at (512) 491-1998; or by e-mail at Chris.Dockal@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200804376
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 14, 2008
The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed change is effective September 1, 2008.
This amendment will change the Medicaid reimbursement methodology for state-owned teaching hospitals from the current prospective payment reimbursement methodology to a Tax Equity Fiscal Responsibility Act (TEFRA) cost-based reimbursement methodology. State-owned teaching hospitals will be reimbursed their cost for inpatient hospital services based on their cost report. The state-owned teaching hospitals' initial interim rate will be based on their most recent audited tentative or final cost report completed prior to state fiscal year 2009.
This amendment will discontinue high volume payments made annually to eligible qualified private urban hospitals participating in the Medicaid Disproportionate Share Hospital (DSH) program. This amendment modifies the reimbursement methodology for freestanding psychiatric facilities that primarily treat children under age 21. This change would allow freestanding psychiatric facilities to be exempt from the psychiatric prospective payment methodology and be reimbursed under a TEFRA cost-based reimbursement methodology. In addition, the 2008-2009 General Appropriations Act (Article II, Special Provisions, §57(c), H.B. 1, 80th Legislature, Regular Session, 2007) directed HHSC to rebase inpatient hospital rates. HHSC is adding language to the rule and state plan to accomplish the rebasing.
The state plan will become effective for claims approved for payment for admissions on or after September 1, 2008.
The proposed amendment is estimated to result in additional annual aggregate expenditures of $23,048,248 for the remainder of federal fiscal year (FFY) 2008, with approximately $13,958,019 in federal funds and approximately $9,090,229 in state general revenue. For FFY 2009, the estimated additional aggregate expenditures will be $268,241,299 with approximately $159,442,628 in federal funds and approximately $108,798,671 in state general revenue. For FFY 2010, the estimated additional aggregate expenditures will be $262,214,619, with approximately $153,631,545 in federal funds and approximately $108,583,074 in state general revenue.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Chris Dockal, Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1467; by facsimile at (512) 491-1998; or by e-mail at Chris.Dockal@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200804377
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 14, 2008
The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to amend the state plan governing the Texas Medicaid Disproportionate Share Hospital (DSH) Program. The proposed amendment is effective on September 1, 2008.
The state plan amendment will allow the State Plan to reflect efforts to more equitably distribute DSH funds among Texas hospitals. HHSC will standardize a number of DSH program elements among DSH providers and create consistent requirements among all hospitals. The state plan amendment will incorporate language which conforms with guidance given by the Centers for Medicare and Medicaid Services pursuant to an audit by the U.S. Health & Human Services Office of Inspector General, HHSC agreed to incorporate several of its administrative practices into its Medicaid state plan.
The state plan amendment also will remove conversion factors that will restore DSH funds to approximately 60 private, urban hospitals. Finally, the state plan amendment will contain contingency language related to the state's Medicaid reform efforts. The state would like to provide more people with insurance, reduce inappropriate use of hospital emergency rooms, and make it easier for the working poor to buy employee-sponsored health coverage. HHSC plans to use a portion of non-state hospital DSH funds that are a subject of the state plan amendment to help finance Medicaid reform.
The proposed amendment is estimated to result in no change in the amount of federal funds received by the state as a result of these changes.
Interested parties may obtain copies of the proposed amendment by contacting Henry Welles by mail at Texas Health and Human Services Commission, P.O. Box 85200, H-600, Austin, Texas 78708-5200; by telephone at (512) 491-1368; by facsimile at (512) 491-1998; or by e-mail at Henry.Welles@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200804378
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 14, 2008
The Texas Health and Human Services Commission announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments are effective September 1, 2008.
The amendments will modify the reimbursement methodologies in the Texas Medicaid State Plan as a result of Medicaid fee changes for services provided by:
Physicians and certain other practitioners, including dentists
Nurse Practitioners and Clinical Nurse Specialists
Physician Assistants
Providers of Family Planning Services
Providers of Durable Medical Equipment, Prosthetics, Orthotics, and Supplies
Providers of Early and Periodic, Screening, Diagnosis and Treatment (EPSDT) Services
The proposed amendments are estimated to result in an additional annual aggregate expenditure of $1,343,620 for federal fiscal year (FFY) 2008, with approximately $815,161 in federal funds and $528,459 in State General Revenue (GR). For FFY 2009, the estimated additional aggregate expenditure is $16,582,918, with approximately $10,015,918 in federal funds and $6,567,000 in GR. For FFY 2010, the estimated additional aggregate expenditure is $18,013,656, with approximately $10,728,549 in federal funds and $7,285,107 in GR.
Interested parties may obtain copies of the proposed amendments by contacting Dan Huggins, Director of Rate Analysis for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1432; by facsimile at (512) 491-1998; or by e-mail at Dan.Huggins@hhsc.state.tx.us. Copies of the proposals will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200804394
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 15, 2008
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2008.
The amendment will modify the reimbursement methodology for School Health and Related Services (SHARS) delivered by school districts under the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) program, which in Texas is known as Texas Health Steps (THSteps) by changing the dates covered by the 2008 SHARS Cost Report from the state fiscal year (i.e., September 1, 2007, through August 31, 2008) to a 13-month period (i.e., September 1, 2007, through September 30, 2008) as a transition to annual cost reports covering a federal fiscal year (i.e., October 1 through September 30) for 2009 and subsequent years.
The proposed amendment has no fiscal impact.
Interested parties may obtain copies of the proposed amendments by contacting Cathy Rutherford, Rate Analyst for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1361; by facsimile at (512) 491-1998; or by e-mail at Cathy.Rutherford@hhsc.state.tx.us. Copies of the proposals will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200804451
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 18, 2008
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed effective date for this amendment is September 1, 2008.
The proposed amendment will adjust interim payment rates for state-owned large and small Intermediate Care Facilities for Persons with Mental Retardation in response to changes in costs to providers.
The proposed amendment is estimated to result in additional annual aggregate expenditures of $4,376,238 for the remainder of federal fiscal year (FFY) 2008 (September 1, 2008, through September 30, 2008), with approximately $2,605,175 in federal funds and approximately $1,771,064 in state general revenue. For FFY 2009, the proposed amendment is estimated to result in additional annual aggregate expenditures of $52,514,859, with approximately $31,262,096 in federal funds and approximately $21,252,763 in state general revenue.
To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Pam McDonald by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1373; by facsimile at (512) 491-1998; or by e-mail at pam.mcdonald@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200804489
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 19, 2008
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed effective date for this amendment is September 1, 2008.
The proposed amendment will revise the definition of a pediatric care nursing facility. Currently, a pediatric care nursing facility must maintain an average daily census of 80% or more children. The amendment will modify this requirement to allow for a portion of the required percentage of children to include recipients over the age of 22 who were at or below 22 years of age when they were admitted to the pediatric care facility. As well, the amendment will specify a higher percentage requirement for distinct units within a nursing facility.
The proposed amendment is not expected to have an impact on the annual aggregate expenditures for the nursing facility program.
To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Cilla Hammer by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1372; by facsimile at (512) 491-1998; or by e-mail at cilla.hammer@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200804493
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 19, 2008
Licensing Actions for Radioactive Materials
TRD-200804505
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: August 20, 2008
Under the authority of the Preventive Health Amendments of 1992 (see 42 United States Code, §§300w et.seq), the Texas Department of State Health Services (DSHS) is making application to the U.S. Public Health Service for funds to continue the Preventive Health and Health Services Block Grant (PHHSBG) during federal fiscal year (FFY) 2009. Provisions in the Act require the chief executive officer of each state to annually furnish a description (a work plan) of the intended use of block grant funds in advance of each FFY. Each state is required to hold hearings and to make proposals of these descriptions public within each state in such a manner as to facilitate comments.
In FFY 2009, six activities are proposed to be funded under the block grant. These include sexual assault prevention and crisis services, border health and colonias, behavioral risk factor surveillance system, trauma registry, local health departments, and Health Service Regions.
The PHHS Block Grant award for FFY 2008 was $3,990,969. Of this amount, $510,620 was required to be used for sexual assault prevention and crisis services.
DSHS has prepared the following schedule for the development and review of the 2009 Work Plan for the PHHSBG. In September of 2008, DSHS will hold public hearings in four Health Service Regions (HSRs):
September 15, 2008 (4:00 p.m. - 6:00 p.m.)
Health Service Region 7, 1100 West 49th Street, Room K-100, Austin, Texas
September 15, 2008 (10:00 a.m.)
Health Service Region 9/10, 401 East Franklin, Room 250, El Paso, Texas
September 15, 2008 (2:00 p.m.)
Health Service Region 4/5 North, 1517 West Front Street, Room 257, Tyler, Texas
September 17, 2008 (4:00 p.m. - 6:00 p.m.)
Health Service Region 2/3, 1301 South Bowen, Suite 200, Room 2210, Arlington, Texas
Following these hearings, DSHS will summarize and consider the impact of the public comments received. DSHS will then notify the public of the availability of a published summary of these hearings. In October of 2008, DSHS will prepare the FFY 2009 Work Plan for the PHHSBG and forward it to the federal government.
Please note that DSHS will continuously conduct activities to inform recipients of the availability of services/benefits, the rules and eligibility requirements, and complaint procedures. Written comments regarding the PHHSBG may be submitted through September 24, 2008, to Peggy Belcher, Block Grant Coordinator, Grant Coordination and Funds Management, MC 4501, Texas Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347, or via email at peggy.belcher@dshs.state.tx.us. For further information, call (512) 458-7111, extension 6562.
TRD-200804373
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: August 14, 2008
HOME Investment Partnerships Program 2008 Single Family Notice of Funding Availability (NOFA)
Owner-Occupied Housing Assistance, Tenant-Based Rental Assistance, and Homebuyer Assistance Programs
1) Summary.
(a) The Texas Department of Housing and Community Affairs ("the Department") announces the availability of $23,034,118 in funding from the HOME Investment Partnerships Program (HOME) funds for single family housing programs including owner-occupied housing assistance, homebuyer assistance, and tenant-based rental assistance to assist low income Texans. As published in the 2008 State of Texas Consolidated Plan One-Year Action Plan, $16,123,882 is available for the Owner-Occupied Housing Assistance (OCC) Program, $3,455,118 is available for the Homebuyer Assistance (HBA) Program, and $3,455,118 is available for the Tenant-Based Rental Assistance (TBRA) Program.
(b) The availability and use of these funds is subject to the Department's HOME Program Rule at Title 10 Texas Administrative Code (10 TAC) Chapter 53 in effect at the time the application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, 24 CFR §85.36 and §84.42 for conflict of interest and 24 CFR Part 5, subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.
(2) Allocation of Funds.
(a) These funds are made available through the Department's 2008 annual HOME allocation from the U.S. Department of Housing and Urban Development (HUD) and may also include uncommitted, deobligated and program income HOME funds. The funds are set-aside for eligible applicants proposing to provide assistance to eligible homeowners in need of rehabilitation or reconstruction of their primary residence, homebuyers for the acquisition including downpayment and closing costs toward the purchase of a home, and households seeking tenant-based rental assistance. Households assisted with HOME funds must be at or below 80% of the Area Median Family Income (AMFI), as defined by HUD.
(b) In accordance with §2306.111, Texas Government Code, housing funds awarded in the HOME Program must be allocated utilizing the Regional Allocation Formula (RAF) developed by the Department. Funds are allocated for each Program Activity to each Uniform State Service Region and rural and urban area types.
(c) In accordance with 10 TAC §53.48(a) this NOFA will be an open application cycle. Funds will first be available for HOME Program Activities, specified in this NOFA, utilizing the RAF for each activity, on a first-come, first-served basis. Applications will be accepted by the Department on an on-going basis utilizing the funds allocated by the RAF until the earlier of the request of all funds or 5:00 p.m. Wednesday, October 15, 2008, regardless of method of delivery.
(d) On Thursday, October 16, 2008 funds for each HOME Program Activity not requested under the open cycle utilizing the RAF will be made available statewide (excluding PJs) in any Uniform State Service Region. Funds will remain set-aside within each HOME Program Activity. Applications will be accepted by the Department on an on-going basis until the earlier of the request of all funds or 5:00 p.m. Thursday, January 15, 2009, regardless of method of delivery.
(e) On Friday, January 16, 2009, any funds not requested under the statewide, Program Activity specific open cycle, will be made available in any Uniform State Service Region (excluding PJs) for any eligible HOME Program Activity specified in this NOFA. Applications will be accepted by the Department on an on-going basis until the earlier of the award of all funds or 5:00 p.m. Thursday, April 30, 2009, regardless of method of delivery.
(f) Requirements of the Regional Allocation Formula and 10 TAC §53.48(a) will be utilized in prioritizing funding recommendations. Applicants may apply for the maximum allowed in each activity even though the amount of available funds utilizing the RAF may be less. However, only the maximum allowable under the RAF will be recommended for award during the RAF period.
(3) Limitation on Funds.
(a) Funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2008 State of Texas Consolidated Plan One-Year Action Plan.
(b) The Department awards HOME funds to eligible entities and the maximum award amount may not exceed $375,000 for Owner-Occupied Housing Assistance, $300,000 for Homebuyer Assistance, and $300,000 for Tenant-Based Rental Assistance. Up to $500,000 may be awarded to Homebuyer Assistance applicants whose Service Area includes multiple counties within a Uniform State Service Region.
(c) With the exception of Tenant-Based Rental Assistance, the minimum HOME assistance amount per unit may not be less than $1,000 per HOME assisted unit. The per-unit subsidy may not exceed the per-unit dollar limits established by the U. S. Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act, which are applicable to the area in which the housing is located, and as published by HUD. The purchase price of the housing unit, plus the value of the rehabilitation or reconstruction if applicable, must not exceed 95% of the area's median purchase price as specified in the HUD §203(b) Limits.
(d) Each applicant that is awarded HOME funds may also be eligible to receive funding for administrative costs. The award amount for administrative costs shall not exceed the amount allowed per 10 TAC §53.85 for each type of activity including:
(i) OCC (Reconstruction) - Maximum Percentage for Administrative Costs based on Total Project Costs is two percent (2%).
(ii) OCC (Rehabilitation Only) - Maximum Percentage for Administrative Costs based on total Project Costs is two percent (2%).
(iii) HBA (Downpayment & Closing Costs Only) - Maximum Percentage for Administrative Costs is four percent (4%).
(iv) TBRA - Maximum Percentage for Administrative Costs is four percent (4%).
(4) Eligible and Prohibited Activities.
(a) Eligible activities include those permissible under the federal HOME Final Rule at 24 CFR §92.205 and the Department's HOME Program Rule at 10 TAC §53.31 for OCC, §53.32 for HBA, and §53.33 for TBRA.
(b) Prohibited activities include those at 24 CFR §92.214 and 10 TAC §53.37.
(5) Eligible and Ineligible Applicants.
(a) Eligible Applicants are Units of General Local Government, Nonprofit Organizations, Public Housing Authorities (PHAs), and for-profit entities.
(b) Applicants may be ineligible for funding if they meet any of the criteria listed in 10 TAC §53.42 of the Department's HOME Program Rule. Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.
(6) Matching Funds.
Applicants will be required to submit documentation on all financial resources to be used in the development that may be considered match to the Department's federal HOME requirements. Applicants must provide firm commitments as defined in accordance with the Federal HOME rules at 24 CFR §92.218 and the Department's Match Guide and will be provided with the appropriate forms and instructions on how to report eligible match.
(7) Affordability Requirements.
(a) Applicants should be aware that there are minimum affordability periods necessary for HOME-assisted housing. The unit assisted must be the primary residence of the homebuyer. Single family housing units assisted with HOME funds must comply with the required affordability requirements as defined at 24 CFR §92.254. Awarded entities will provide the HOME assistance to the homebuyer in the form of a loan. Each loan will be in the form of a zero percent (0%) interest, deferred forgivable loan with a term based on the total amount of assistance provided and in accordance with 24 CFR §92.254. All loans to assisted homebuyers must be evidenced by loan documents provided by the Department. Each loan to an assisted homebuyer and homeowners must be payable to the Department. Each loan for reconstruction or rehabilitation shall be evidenced by a construction loan agreement, note, deed of trust, mechanic's lien note, and mechanic's lien contract secured by the property and must be fully executed before any construction activities commence.
(b) If at any time prior to the full loan period there occurs a resale of the property, a refinance of any superior lien, a repayment of any superior lien, or if the unit ceases to be the assisted Household's principal residence, the remaining loan balance shall become due and payable.
(c) Forgiveness of the loan balance is calculated based on a pro-rata annual share of the loan term. The anniversary date of the loan shall constitute completion of the year. Any partial year shall not be waived. The amount due will be based on the pro-rata share number of years of the remaining loan term.
(d) In the event the home is sold (voluntary or involuntary), the assisted Household will pay the loan balance from the shared net proceeds of the sale. The shared net proceeds are the sales price minus superior loan repayment (other than HOME funds) and any closing costs. A copy of the HUD closing statement must be provided.
(8) Site and Construction Restrictions.
(a) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, the International Residential Code, Texas Minimum Construction Standards (TMCS) and be in compliance with the basic access standards in new construction, established by §2306.514, Texas Government Code. In addition, housing that is rehabilitated with funds awarded under this NOFA must meet all applicable energy efficiency standards established by §2306.187 of the Texas Government Code, and energy standards as verified by RESCHECK, in accordance with the Final Rule.
(b) At the completion of the assistance, all properties must meet the International Residential Code and local building codes. If a home is reconstructed, the applicant must also ensure compliance with the universal design features in new construction, established by §2306.514, Texas Government Code, required for any applicant utilizing federal or state funds administered by TDHCA in the construction of single family homes.
(c) All other HOME-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR §982.401. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).
(d) Rental units secured though HOME assistance must be inspected prior to occupancy and must comply with Housing Quality Standards (HQS) established by HUD in 24 CFR Part 92.
(9) Owner-Occupied Housing Assistance (OCC).
(a) A total of $16,123,882 in funding released under this NOFA may be used to administer an Owner-Occupied Housing Assistance Program to provide eligible households with loans for the rehabilitation or reconstruction of existing owner-occupied housing and earning 80 percent (80%) or less of the Area Median Family Income (AMFI) as defined by HUD. As defined in 10 TAC §53.31(d)(1), the home must be the principal residence of the homeowner.
(b) Table 1. OCC Regional, Rural, and Urban Funding Amounts, shows the allocation of funds to the 13 State Service Regions and the corresponding rural and urban distribution within each region.
(c) As per 10 TAC §53.47(a)(1), the maximum award amount for OCC shall not exceed $375,000 per Application. In accordance with 10 TAC §53.85, up to two percent (2%) of the requested project funds may be requested for administrative costs.
(d) Owner-Occupied Housing Assistance to a household is provided in the form of a loan and in accordance with 10 TAC §53.31(g), the maximum amount of assistance (including soft costs) to an eligible household is limited as follows:
(i) Rehabilitation that is Reconstruction for 1 - 4 person Household: $60,000;
(ii) Rehabilitation that is Reconstruction for 5 - 6 person Household: $67,500;
(iii) Rehabilitation that is Reconstruction for 7 or more person Household: $75,000; and,
(iv) Rehabilitation that is not Reconstruction: $30,000.
(e) In accordance with 10 TAC §53.72(a)(1), the contract term for OCC Program Activity shall not exceed 22 months and performance under the contract will be evaluated according to the following benchmarks:
(i) 6 months, exempt administrative and broad review environmental clearance must be complete, and if not tiering, the first Household to be assisted must be environmentally cleared;
(ii) 8 months, Authority to Use Grant Funds must be fully executed and all Households to be assisted must be environmentally cleared;
(iii) 12 months, 100% of funds must be committed to Households to be assisted;
(iv) 15 months, 100% of Household's Loans must be closed, if applicable;
(v) 20 months, 100% of construction must be complete for all Households to be assisted; and,
(vi) 22 months, 100% funds drawn and 100% of match requirement supplied.
(10) A minimum threshold score of 25 is required in order to be considered for funding. The following threshold criteria listed in the subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise and will be included in the written agreement, if awarded funds:
(i) Affordable Housing Needs Score: Points range from zero to seven as published by the Department. Maximum 7 points.
(ii) Match: Per 24 CFR §92.218, the Department will recognize eligible forms of matching contributions made from nonfederal resources. Table 2. OCC Housing Program Required Community Match Contributions, will be used to determine match requirement and associated points:
(iii) Income Targeting: In order to meet its annual goal of assisting very low to extremely low income families, the Department incentivizes application points for income targeting of households assisted. Table 3. Point Incentives for Income Targeting, will be used to determine income targeting requirements and associated points. For those counties where the Area Median Family Income (AMFI) is at or below the state average median family income the applicant will receive the same number of points for income targeting when serving households at or below 50% AMFI as those counties exceeding the statewide median income targeting households at or below 30% AMFI. Maximum 20 points.
(iv) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $120,000 to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are reimbursed by program funds. Evidence of this commitment and the amount of the commitment must be included in the Applicant's resolution and budget.
(v) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and amount of cash reserves for use during the contract period, source of funds for match obligation and match dollar amount, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six months preceding the application submission date.
(vi) Description of Demand: All applicants must submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations, assumptions, and pictures of housing stock must be included.
(11) Homebuyer Assistance (HBA).
(a) Approximately $3,455,118 of HOME Funds released under this NOFA shall be used to administer a Homebuyer Assistance Program, providing downpayment and closing cost assistance (including soft costs) to eligible first time homebuyers for the acquisition of affordable single family housing.
(b) Table 4. HBA Regional, Rural, and Urban Funding Amounts, shows the allocation of funds to the 13 State Service Regions and the corresponding rural and urban distribution within each region.
(c) As defined in 10 TAC §53.47(a)(2), the maximum award amount for HBA shall not exceed $300,000 per Application; however, up to $500,000 may be awarded to HBA Applicants whose Service Area includes multiple counties within a Uniform State Service Region. In accordance with the 2008 Consolidated Plan-One Year Action Plan, up to four percent (4%) of the requested project funds may be requested for administrative costs.
(d) In accordance with 10 TAC §53.32(e), the maximum amount of assistance for downpayment and closing cost assistance (including soft costs) to an eligible household is $10,000.
(e) The following first lien purchase loan requirements are imposed for households receiving Homebuyer Assistance:
(i) No adjustable rate mortgage loans (ARMs) are allowed;
(ii) No mortgages with a loan to value equal to or greater than 100% are allowed;
(iii) No subprime mortgage loans are allowed;
(iv) An origination fee and any other fees associated with the mortgage loan may not exceed 2% of the loan amount; and,
(v) The debt to income ratio (back-end ratio) may not exceed 45%.
(f) HBA assistance will be in the form of a 0% interest 5 or 10 year deferred forgivable loan depending on the amount of assistance, creating a 2nd or 3rd lien with a term based on the federal affordability requirements as defined in 24 CFR §92.254.
(g) In accordance with 10 TAC §53.72(a)(2), the contract term for the HBA Program Activity shall not exceed 24 months and performance under the contract will be evaluated according to the following benchmarks:
(i) 6 months, exempt administrative and environmental clearance must be complete for at least one Household to be assisted;
(ii) 12 months, environmental clearance must be complete for at least 50% of the Households to be assisted, 50% of funds must be committed, 25% of funds drawn, and 25% of match supplied;
(iii) 18 months, environmental clearance must be complete for at least 75% of the Households to be assisted, 75% of funds must be committed, 50% of funds drawn, and 50% of match requirement supplied; and
(iv) 24 months, 100% of funds must be committed, 100% of funds drawn, and 100% of matched supplied.
(h) A minimum threshold score of 15 is required in order to be considered for funding. The following threshold criteria listed in the subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise and will be included in the written agreement, if awarded funds:
(i) Affordable Housing Needs Score: Points range from zero to seven, as published by the Department. Maximum 7 points.
(ii) Match: Table 5. HBA Program Required Community Match Contributions, will be used to determine match requirement and associated points:
(iii) Income Targeting: In order to meet its annual goal of assisting very low to extremely low income families, the Department incentivizes application points for income targeting of households assisted. Table 6. Point Incentives for Income Targeting, will be used to determine income targeting requirements and associated points. Maximum 20 points.
(iv) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $60,000 to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are paid by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.
(v) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and the amount of cash reserves for use during the contract period, source of funds for match obligation and match dollar amount, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six months preceding the application deadline date.
(vi) Description of Demand: It will be a threshold requirement to submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations and assumptions must be included.
(vii) Homebuyer Counseling: It will be a threshold requirement for each applicant to submit the level of homebuyer counseling that will be provided. A minimum of 8 hours of homebuyer counseling must be provided. Evidence must include documentation describing the level of homebuyer counseling proposed, including post purchase counseling. Applicant must state who will provide the homebuyer counseling. A copy of the curriculum and a copy of the proposed written agreement for service provider (if the applicant is not providing the service) must also be provided.
(12) Tenant-Based Rental Assistance (TBRA).
(a) Approximately $3,455,118 of HOME funds released under this NOFA shall be used to administer a Tenant-Based Rental Assistance Program to provide eligible households rental subsidies, including security and utility deposits to tenants earning 80 percent (80%) or less of the Area Median Family Income (AMFI) as defined by HUD. In accordance with 24 CFR §92.216, not less than 90% of the households assisted with respect to TBRA or rental units, must have incomes at or below 60% of the AMFI, as defined by HUD.
(b) Table 7. TBRA. Regional, Rural, and Urban Funding Amounts, shows the allocation of funds to the 13 State Service Regions and the corresponding rural and urban distribution within each region.
(c) In accordance with 10 TAC §53.47(a)(3) the maximum award amount for TBRA shall not exceed $300,000 per Application. In accordance with the 2008 Consolidated Plan-One Year Action Plan, up to four percent (4%) of the requested project funds may be requested for administrative costs. In accordance with 10 TAC §53.72(a)(3) the contract term for TBRA shall not exceed 36 months, however, individual household assistance is limited to 24 months.
(d) Through the TBRA program, rental subsidy and security and utility deposit assistance is provided to tenants as a grant, in accordance with written tenant selection policies, for a period not to exceed twenty-four (24) months, which shall include among its objectives the securing of a permanent source of affordable housing on or before the expiration of the rental subsidy. Security deposits and utility deposits may be provided in conjunction with rental assistance. A security deposit cannot exceed two (2) months rent for the unit.
(e) As per 10 TAC §53.33, the Household must comply with the following initial eligibility requirements: participate in an approved self-sufficiency program; maintain principal residency in the rental unit for which the subsidy is being provided; be an income eligible household; reside in a rental unit that is located within the Administrator's Service Area; and, meet all other eligibility requirements.
(f) As defined in 10 TAC §53.33(d) the rental standard must not exceed HUD's "Fair Market Rent for the Housing Choice Voucher Program." Rental units must be inspected prior to occupancy and must comply with Housing Quality Standards established by HUD.
(g) In accordance with 10 TAC §53.72(a)(3), the contract term for the TBRA Program shall not exceed 36 months and performance under the contract will be evaluated according to the following benchmarks:
(i) 6 months, exempt administrative environmental clearance must be complete and application intake complete for 30% for Households to be assisted;
(ii) 9 months, application intake complete for 75% for Households to be assisted;
(iii) 12 months, 100% of funds must be committed to Households to be assisted and 25% of funds drawn;
(iv) 18 months, 100% of funds already committed and 35% of funds drawn;
(v) 24 months, 100% of funds already committed and 50% of funds drawn; and,
(vi) 36 months, 100% of funds already committed and 100% of funds drawn.
(h) A minimum threshold score of 15 is required in order to be considered for funding. The following threshold criteria listed in the subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise and will be included in the written agreement, if awarded funds:
(i) Affordable Housing Needs Score: Points range from zero to seven, as published by the Department. Maximum 7 points.
(ii) Income Targeting - Maximum 20 points: In order to meet its annual goal of assisting very low to extremely low income families, the Department incentivizes application points for income targeting of households assisted. Table 8. Point Incentives for Income Targeting, will be used to determine income targeting requirements and associated points. For those counties where the area median family income (AMFI) is at or below the state average median family income will receive the same number of points for income targeting when serving households at or below 50% AMFI as those counties exceeding the statewide median income targeting households at or below 30% AMFI.
(iii) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least one month of rent for the number of households proposed to serve as stated in the application to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are reimbursed by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.
(iv) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and amount of cash reserves for use during the contract period, source of funds for match obligation and match dollar amount, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six months preceding the application deadline date.
(v) Description of Demand: It will be a threshold requirement to submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations and assumptions must be included.
(vi) TBRA Self Sufficiency Program: It will be a threshold requirement for each Applicant to submit a proposed detailed Self Sufficiency Plan and must describe the process for the transition of households to permanent housing by the end of the 24-month rental assistance contract term.
(1) The documentation must describe the necessary components for the overall plan proposed for transition of potential tenants. This plan, like a case management plan, should detail the need of the tenant, how these needs will be addressed including any agreements with service providers who shall assist the tenant at meeting these needs, and a proposed timeframe for completing those activities. The plan must include:
(a) A sample household budget which will utilize existing sources of income such as employment, disability payments and other types of support that details how the assisted household will afford to be self-sufficient by the end of the 24-month rental assistance.
(b) If additional income is required to attain self-sufficiency, a plan for attaining the required education or training, or a job search plan must be included.
(c) Specific housing goals that will be completed on or before the end of the 24-month assistance period include: finding permanently subsidized housing, affordable market housing or other permanent housing solutions. The plan should include the required steps such as completing an application, approximate waiting time to get into the type of housing desired and the cost of the housing to the tenant.
(13) Review Process.
(a) Pursuant to 10 TAC §53.48(a), each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "received date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits as applicable. Applications will continue to be prioritized for funding based on their "received date". Applications will be reviewed for applicant and activity eligibility, and threshold criteria as described in this NOFA.
(i) The Department will ensure review of materials required under the NOFA and Application Submission Procedures Manual (ASPM) and will issue a notice of any Administrative Deficiencies within 45 days of the received date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase will be reviewed for recommendation to the Board by the Committee.
(ii) Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HOME funds before an Application has been completely reviewed. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds exist under the NOFA and the Application will not be processed.
(b) Pursuant to 10 TAC §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated without being processed as an Administrative Deficiency.
(c) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications that are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department reserves the right to negotiate individual elements of any Application.
(d) All Applicants will be processed through the Department's Application Evaluation System, and will include a previous award and past performance evaluation. Poor past performance may disqualify an Applicant for a funding recommendation or the recommendation may include conditions.
(e) Funding recommendations of eligible Applicants will be presented to the Department's Governing Board of Directors based on eligibility and limited by the total amount of funds available under this NOFA and the maximum award amount.
(f) In accordance with §2306.082, Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.
(g) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.
(14) Application Submission.
(a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on Thursday, April 30, 2009, regardless of method of delivery.
(b) The Department will accept applications from 8 a.m. to 5 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. Question regarding this NOFA should be addressed to:
HOME Division
221 E. 11th Street
Austin, Texas 78701
Telephone: (512) 463-8921
E-mail: HOME@tdhca.state.tx.us
(c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.
(d) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy of the Application materials as detailed in the Application Submission Procedures Manual (ASPM). All scanned copies must be scanned in accordance with the guidance provided in the ASPM.
(e) All Application materials including manuals, NOFA, program guidelines, and all applicable HOME rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the HOME Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.
(f) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Per §2306.147(b), Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. The Application fee is not an allowable or reimbursable cost under the HOME Program.
(g) This NOFA does not include text of the various applicable regulatory provisions that may be important to the HOME Program. For proper completion of the application, the Department strongly encourages potential applicants to review the State and Federal regulations, and contact the HOME Division for guidance and assistance.
(h) Application Workshop: the Department will present application workshops in locations throughout the State which will provide an overview of the HOME Program Activities eligible under this NOFA and will also provide Application preparation and submission requirements, evaluation criteria, and state and federal program information. The Application workshop schedule and registration will be posted on the Department's website at www.tdhca.state.tx.us.
(i) Audit Requirements: An applicant is not eligible to apply for funds or any other assistance from the Department unless a past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b). This is a threshold requirement outlined in the application, therefore applications that have outstanding past audits will be disqualified. Staff will not recommend applications for funding to the Department's Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).
(j) Applications must be sent via overnight delivery to:
HOME Division
Texas Department of Housing and Community Affairs
221 East 11th Street
Austin, TX 78701-2410
or via the U.S. Postal Service to:
HOME Division
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, TX 78711-3941
NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.
TRD-200804477
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 19, 2008
I. Background and Purpose.
The Texas Department of Housing and Community Affairs (the Department) is seeking interested organizations to submit an application to administer the Community Services Block Grant (CSBG), the Weatherization Assistance Program (WAP), and the Comprehensive Energy Assistance Program (CEAP) in Duval and McMullen Counties.
The purpose of CSBG is to reduce poverty, revitalize low-income communities, and empower low-income individuals and families to become self-sufficient. This is accomplished by using CSBG funds to support local efforts to identify, reduce, or eliminate the causes of poverty and to help solve problems that block the achievement of self-sufficiency among individuals.
The purpose of the WAP is to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential expenditures, and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities, families with children, high residential energy users, and households with high energy burden.
The purpose of the CEAP is to provide energy assistance to eligible client households assisting clients with the greatest need first. Assistance can be provided for energy bills and/or some households can qualify for repair and/or replacement of inefficient heating and cooling unit or appliances in their household.
II. Request for Application (RFA).
Applicant organizations that submit an application must apply for and be willing to administer all three programs in one or both counties, Duval and or McMullen: CSBG, WAP and CEAP. The applicant organization(s) chosen through this competitive process will be offered a CSBG, WAP, and CEAP contract for Program Year 2008 and each year thereafter as long as they remain in good standing.
The estimates for federal fiscal year 2008 funding for Duval County is $50,000 CSBG, $71,104 CEAP, $23,242 WAP and for McMullen County is $50,000 CSBG, $59,991 CEAP, and $18,067 WAP. Future funding will be based on the State's method of distribution approved by each program's federal funding entity.
Interested applicants must meet the requirements set forth in the application and submit a complete application by the deadline of Tuesday, September 30, 2008 by 5:00 p.m.
The RFA will be posted on the Department's web-site http://www.tdhca.state.tx.us on the date the notice appears in the Texas Register. Organizations on the Department's e-mail subrecipient list for CSBG, WAP, and CEAP and the Department's list serve will receive an e-mail notification that the RFA is available on the Department's web-site.
Deadline for Receipt: Tuesday, September 30, 2008 by 5:00 p.m. CST
Mailing Address:
Al Almaguer
Manager of Community Services Section
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, Texas 78711-3941
(All U.S. Postal Service including Express)
Courier Delivery:
221 East 11th Street, 1st Floor
Austin, Texas 78701
(FedEx, UPS, Overnight, etc.)
Hand Delivery: If you are hand delivering the Proposal, contact Rita Gonzales-Garza at (512) 475-3905 or Al Almaguer (512) 475-3908 when you arrive at the lobby of our building for Proposal acceptance.
Questions pertaining to the contents of the application packet are to be directed to Al Almaguer, Manager for Community Services Section at email address al.almaguer@tdhca.state.tx.us or by phone (512) 475-3908 or to Michael De Young, Manager for Energy Assistance Section at email address michael.deyoung@tdhca.state.tx.us or by phone at (512) 475-2125.
TRD-200804379
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 14, 2008
The Office of Injured Employee Counsel proposed amendments to 28 TAC §276.10, concerning ombudsmen training and continuing education. The notice was published in the August 15, 2008, issue of the Texas Register (33 TexReg 6547).
The notice contained an error under subsection (c)(1)(H) on page 6549, right column. The words "continuing education" were shown as underlined text to indicate proposed new language. Because no changes were proposed to subparagraph (H), the words should not be underlined. The subparagraph should read as follows.
"(H) providing continuing education and training, at least annually, to ombudsmen on workers' compensation laws, rules, advisories, appeals panel decisions, dispute resolution, OIEC policies and procedures; and"
TRD-200804495
Instant Game Number 1099 "Texas Ranger Limited Edition Silver Series"
The Texas Lottery Commission filed for publication Instant Game Number 1099 "Texas Ranger Limited Edition Silver Series". The document was published in the August 1, 2008, issue of the Texas Register (33 TexReg 6221). The procedure for winning a motorcycle, set forth in section "2.3 Procedure for Claiming Prizes", was added after the procedures were filed in the Texas Register. Sections 2.3.C and 2.3.D were added; section 2.3.C was renumbered to section 2.3.E; section 2.3.D was renumbered to 2.3.F; and section 2.3.E was renumbered to 2.3.G. Sections 2.3.C and 2.3.D now read as follows:
2.3 Procedure for Claiming Prizes.
C. MOTORCYCLE PRIZE WINNERS under the age of 21 are considered "minors" by definition under Texas Government Code 466.405. Section 466.405(c) states that if a minor wins a prize "other than prize money," the TLC shall pay the cash equivalent to an adult member of the minor's family or the minor's guardian as custodian for the minor. Payment of the cash equivalent of a prize other than prize money shall be made as a direct payment to the minor by depositing the amount of the prize in any bank to the credit of an adult member of the minor's family or the minor's guardian as custodian for the minor.
D. MOTORCYCLE PRIZE WINNERS over the age of 21 are not eligible to receive payment of the cash equivalent for this prize.
TRD-200804486
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 19, 2008
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on August 15, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of SAB Power LLC for Retail Electric Provider (REP) Certification, Docket Number 36006 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 5, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36006.
TRD-200804488
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 19, 2008
On August 15, 2008, AT&T Advanced Solutions filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50026. Applicant intends to reflect a change in ownership/control and corporate restructuring.
The Application: Application of AT&T Advanced Solutions for an Amendment to its Certificate of Operating Authority, Docket Number 36005.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 4, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36005.
TRD-200804487
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 19, 2008
Notice is given to the public of an application filed on August 12, 2008, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary in Denton County, Texas.
Docket Style and Number: Application of AT&T Texas to Amend Certificate of Convenience and Necessity Aledo Zone (Ft. Worth Metropolitan Exchange) and Weatherford Exchange. Docket Number 35992.
The Application: The minor boundary amendment is being filed to realign the boundary between AT&T's Aledo Zone of the Forth Worth Metropolitan exchange and the Weatherford exchange to allow AT&T to provide the most efficient facilities in the immediate area to Bella Vista, a new subdivision.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35992.
TRD-200804411
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 15, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 12, 2008, for an amendment to certificated service area for a service area exception within Roberts County, Texas.
Docket Style and Number: Application of North Plains Electric Cooperative, Inc. to Amend an Electric Certificate of Convenience and Necessity for a Service Area Exception within Roberts County. Docket Number 35987.
The Application: North Plains Electric Cooperative, Inc. (NPEC) filed an application for a service area boundary exception to allow NPEC to provide service to a specific customer located within the certificated service area of Southwestern Public Service Company d/b/a Xcel Energy (Xcel) within Roberts County, Texas. Xcel has provided a letter of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than September 9, 2008 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35987.
TRD-200804410
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 15, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 14, 2008, for an amendment to certificated service area for a service area exception within Tom Green County, Texas.
Docket Style and Number: Application of Southwest Texas Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for Electric Service Area Exception within Tom Green County. Docket Number 35998.
The Application: Southwest Texas Electric Cooperative, Inc. (SWTEC) filed an application for a service area boundary exception to allow SWTEC to provide service to a specific customer located within the certificated service area of Concho Valley Electric Cooperative, Inc. (CVEC). CVEC has provided a letter of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than September 9, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35998.
TRD-200804475
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 19, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 14, 2008, for an amendment to certificated service area boundaries within Bexar Counties, Texas.
Docket Style and Number: Joint Application of Bandera Electric Cooperative, Inc. and CPS Energy to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Bexar County. Docket Number 35999.
The Application: Bandera Electric Cooperative, Inc. and CPS Energy seek to amend their service area boundaries within Bexar County upon request to provide service to a landowner. The proposed boundary change will align the boundary with the relevant landowner's property line.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than September 9, 2008 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35999.
TRD-200804476
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 19, 2008
On August 12, 2008, I-Element, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60712. Applicant intends to relinquish its certificate.
The Application: Application of I-Element, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 35988.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 4, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35988.
TRD-200804412
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 15, 2008
The Public Utility Commission of Texas (PUCT) announces the award of Contract No. 473-08-00292.
Description of Activities
The contractor will provide consulting services in connection with a study and report concerning combined heat and power (CHP) in Texas in accordance with House Bill 3693, enacted by the 80th Legislature (2007 legislative session).
Background Information
Section 23 of the bill created §39.912 of the Texas Utilities Code, Report on Combined Heat and Power Technology. The legislation requires the PUCT to study the installation and use of CHP technology in the state and submit a report of its findings to the 81st Legislature.
Services
Conduct of the Study:
The contractor shall include the following utilities in the study:
* Oncor
* CenterPoint Energy
* American Electric Power Company's distribution companies in Texas
* Texas-New Mexico Power Company
* Entergy Texas (Entergy)
* Xcel-Texas
* El Paso Electric Company
Report Contents
The report must include the following components:
1. an explanation describing CHP technology and its uses, including:
a. current installations of CHP technologies in Texas and their uses;
b. a summary of the technology and fuel sources used for CHP;
c. the potential for economical CHP in Texas; and
d. the costs of CHP, the benefits to the owner or operator, and the benefits to others.
2. an explanation of how CHP technology can be implemented in Texas to meet energy efficiency goals, including:
a. barriers to the use of CHP; and
b. policy options available to foster the adoption of CHP.
Additional Requirements after Report Completion
The contractor must be available to confer with and assist PUCT staff while staff prepares the report due to the Texas Legislature on January 15, 2009. Staff may require the contractor's assistance in the preparation of briefing materials for legislators. The contractor also may be asked to provide a presentation to the Commissioners at an open meeting.
Consultant's Name and Business Address
Summit Blue Consulting, LLC
1722 14th Street, Ste. 230
Boulder, Colorado 80302
Contract Value and Term
The total value of the contract will not exceed $100,000. The contract was executed on August 13, 2008 and will expire when the PUCT accepts the final deliverable or the additional requirements after report completion, whichever comes later. The final deliverable is due December 5, 2008. The report is due to the Texas Legislature January 15, 2009.
TRD-200804397
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 15, 2008
The Public Utility Commission of Texas (PUCT) announces the award of Contract No. 473-08-00298.
Description of Activities
The contractor will provide consulting services in connection with a Notice of Violation issued by the PUCT against International Power America, Inc. (IPA).
Background Information
On April 11, 2008, the PUCT issued a Notice of Violation (NOV) against IPA. The NOV alleges generally that IPA did not comply with ERCOT rules and operating guides relating to governor response and frequency bias.
Services
Under the direction of a PUCT staff attorney, the Contractor will perform the following services:
* review and evaluate the discovery responses and testimony filed in the proceeding by International Power America, Inc. and its affiliates (collectively "IPA") to assess the validity of any issues raised concerning the performance and performance capabilities of generating units owned or operated by IPA and their compliance with the rules and operating guides of the Electric Reliability Council of Texas relating to governor response and the provision of frequency bias;
* consult with Staff counsel concerning findings and recommendations concerning the validity of any issues raised by IPA, in accordance with the deadlines established in the procedural schedule for the contested case; and
* perform such other services as directed.
The Contractor's duties may include, without limitation:
* assisting counsel in propounding and responding to discovery requests;
* attending the hearing in this proceeding;
* assisting counsel in cross-examining IPA's witnesses;
* assisting counsel and staff during the proceeding as directed; and
* assisting counsel in preparing post-hearing briefs and exceptions and replies to proposals for decision.
Consultant's Name and Business Address
Energy Mark, Inc.
334 Satinwood Court North
Buffalo Grove, Illinois 60089
Contract Value and Term
The total value of the contract will not exceed $150,000. The contract was executed on August 8, 2008 and will expire when the PUCT issues a final and non appealable order in PUCT Docket No. 34738. In no event will the contract term extend beyond August 31, 2009.
TRD-200804396
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 15, 2008
The Public Utility Commission has initiated a rulemaking project to determine dispatch priorities for the use of CREZ transmission lines, Proceeding to Establish Policy Relating to Excess Development in Competitive Renewable Energy Zones, Docket Number 34577. The concern that led to the initiation of this rulemaking is that wind developers might build wind generation in west Texas that significantly exceeds the capacity of the CREZ transmission, imperiling developers' investment in wind generation in CREZs. The early developers could be accorded a priority in dispatch on the basis of the higher level of risk incurred by the early movers (the developers that made expenditures for investigating the wind resource and signing leases for wind farms before the Commission committed to building additional transmission to west Texas) than by late comers.
One of the other issues that the Commission will be facing is identifying which wind developers qualify as CREZ developers. The results of the CREZ proceeding suggest that, absent some limitation on the right to develop or a clear definition of dispatch priority, developers might develop the CREZs to a level that exceeds the CREZ transmission capacity that is built as a result of the Commission's CREZ order. The objective of this rulemaking is to accord the CREZ developers a priority in the use of the transmission system or an equivalent right that will protect their investment, if possible, through the normal operation of real-time market mechanisms and by deterring the development of generation in west Texas by other developers.
One approach to dispatch priority and managing the development in the CREZs is to auction congestion revenue rights (CRRs) for a period of years. CRRs are the standard approach for market participants to manage congestion risks in the nodal market, and CRRs could be used to provide a priority to CREZ developers, without introducing distortions in the economic dispatch of the nodal market. An auction could be conducted well in advance of the completion of CREZ transmission facilities and used to allocate CRRs to CREZ developers. In real time, the CRRs would provide CREZ resources revenue equal to the nodal price differences between the CREZ and other points on the ERCOT system. Because bids in the real-time energy market would reflect the value of production tax credits and renewable energy credits, the price differentials should also reflect these values. From a planning perspective, wind developers would consider the results of the auction for CRRs in making decisions about whether to develop generation resources in west Texas and at what level.
The Commission seeks comments on the feasibility and efficiency of the use of auctioned CRRs to effectuate dispatch priority from the CREZs and impede over-development of the CREZ transmission lines.
The Commission also seeks comments on the requirement that CREZ developers post collateral for the transmission system improvements that will be made to transmit energy from the CREZs to other parts of the state. There are questions that need to be resolved to make the collateral requirements clearer.
1. Is an auction approach like the one outlined above feasible? What processes would need to be established by ERCOT to implement this approach?
2. Is an auction approach likely to protect the revenue expectations of west Texas renewable generators that own CRRs during periods in which the transmission system is congested?
3. Is an auction approach likely to provide a useful and timely market signal to developers about the viability of additional development in renewable generation in west Texas? Explain why or why not.
4. Should the Commission, instead, adopt a physical priority, such as limiting interconnections to the CREZ transmission system? What processes would need to be established by ERCOT to implement this approach?
5. If an auction approach were adopted, how should eligibility to participate in the auction be determined? Should any non-renewable generation facilities, such as clean coal or nuclear generation, have the opportunity to participate?
6. Should any priority dispatch right be transferrable from one person to another? If so, what mechanism would be needed to track changes in ownership?
7. If an auction approach used, could it address congestion both within the CREZ and beyond its borders?
8. Regarding the financial commitments in P.U.C. Substantive Rule §25.174(c):
a. How should renewable energy developers' eligibility to post collateral in the certificate of convenience and necessity (CCN) proceedings be determined? If an auction approach is used to address dispatch priority, could the auction be conducted before the collateral is required to be posted and be used to determine eligibility to post collateral?
b. How should the total transmission cost for CREZ transmission facilities be determined? Should it differ by CREZ? Should the cost of base-case upgrades be excluded? Should one developer's collateral amount differ from another? If so, why and how?
c. Should forms of collateral other than letters of credit be permitted?
d. If CCN proceedings are filed at different times, how should the date for posting collateral be determined?
e. What rules and procedures would apply if the total capacity for which CREZ developers post collateral exceeds 100% of CREZ transmission capacity?
TRD-200804395
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 15, 2008
Aviation Division - Request for Proposals for Professional Services
The City of Denton, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional services firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional services as described below:
Airport Sponsor: The City of Denton; Denton Municipal. TxDOT CSJ No. 0918DENTN. Scope: Prepare a Business Plan to provide an overview analysis of the airport addressing airport policy, airport building standards, airport rates and charges, market analysis, financial analysis and risk assessment; provide an assessment of business/economic development opportunities, recommend an eight to ten year strategic course of action to pursue development and to address issues at the Denton Municipal Airport.
There is no HUB goal for this project. TxDOT Project Manager is Michelle Hannah.
Interested firms shall utilize the Form AVN-551, titled "Aviation Planning Services Proposal." The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:
http://www.txdot.gov/services/aviation/consultant.htm
The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is a PDF Template.
Please note:
Five completed, unfolded copies of Form AVN-551 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than September 22, 2008, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.
The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating consultants for airport planning projects is located at:
http://www.txdot.gov/services/aviation/consultant.htm
All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
If there are any procedural questions, please contact Amy Slaughter, Grant Manager, or Michelle Hannah, Project Manager for technical questions at 1-800-68-PILOT (74568).
TRD-200804513
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: August 20, 2008
Addendum to the Notice of Intent to Seek Consultant Services
In accordance with the provisions of Texas Government Code , §2254.030, The University of Texas at Health Science Center - Houston has announced an addendum to the contract for consulting services more particularly described in the Notice of Intent to Seek Consultant Services related to the marketing and branding initiative published in the August 1, 2008, issue of the Texas Register (33 TexReg 6243) and subsequently amended as published in August 15, 2008, issue of the Texas Register (33 TexReg 6645).
PROJECT: University of Health Science Center - Houston Marketing and Branding Initiative
IFO NO: 744-8015-Marketing and Branding
OWNER: The University of Texas Health Science Center - Houston
TO: Prospective Bidders
This Addendum forms part of Contract Documents and modifies Bid Documents dated, July 22, 2008, with amendments and additions noted below.
The deadline for questions was Tuesday, August 12 at 4 p.m. The questions and answers that were received were as follows:
1. During Phase I regarding previous research findings:
What types of and how many studies are available?
* Communications Assessment
* Reader feedback surveys
* Readership focus groups
* Online Readership Survey
What types of topics are covered by the research?
* University's Communications Program
* Readership feedback
* Media Relations program
* Marketing and Community Relations program
* University-wide organization structure for the areas responsible for marketing
What time frame does the research cover?
* Summer 2005 and Spring 2007
2. For contacting audiences for research purposes, what type of contact information is available to use for...?
Internal Constituents
Email addresses of all staff and faculty? YES
Email addresses of all current students? YES
Email addresses of incoming students (Fall 2008)? NO
External Constituents
Email addresses for students who considered but chose not to attend? NO
Email addresses of recent MCAT participants? NO
Contact information for Houston-area opinion leaders? YES
Additional audiences may include:
* Development Board members
* Key donor lists
3. Do any of the six schools and other entities (Practice Plan, MHHS, Harris County Hospital District) have existing branding or marketing plans?
* Six Schools - NO
* Practice Plan - YES
* Memorial Hermann Healthcare System - YES
* Harris County Hospital District - YES
* Texas Medical Center - YES
If so, may we have access to them during the process?
* YES, for U.T. Health Science Center - Houston entities and various levels of access through the external organizations primary contact person.
How involved will these organizations be in the process?
* Involvement will depend on the affiliation, collaboration or cooperative agreement with The University of Texas Health Science Center at Houston
4. Phase IV - Is there any desired time frame by which this phase should be completed? This timeframe is to be provided by the proposer.
5. Are there any budgetary guidelines/goals for implementation? No budgetary guidelines are disclosed during the IFO process.
6. Logistics - for establishing travel costs, can you apply state rates or direct billing for consultants on hotels or rental cars? Is there lodging on campus that can be used by consultants? Yes, the state rate can be applied, but only on lodging. There is no lodging on our campus, but there are numerous hotels located in and around the Texas Medical Center.
7. We have determined that our agency is self performing on this IFO and will not need subcontractors. However should UTHSC decide to continue with consulting services for certain areas of the Strategic/Implementation Plan we may then decide to bring in a subcontractor. Do we need to identify subcontractors in this IFO, or would the implementation of this plan be a separate scope of work and IFO?
Please respond to exactly what is written in the IFO and do not include any "what ifs". We do not anticipate a separate scope or IFO being issued on this. HUB plans can be sent to Nina Lahasky (nina.lahasky@uth.tmc.edu) for review prior to the bid due date.
8. I have a little discomfort about providing my SSAN (3.1.9) on a document that will be distributed to so many people and may, I think, be subject to an Open Records Request. May I answer this question by pledging to provide it if awarded the project?Yes, that would be fine.
9. Can we get an org chart for all schools, size and number employed/people (need this to determine focus group numbers and sizes, and number of interviews)? You can look at our website at www.uth.tmc.edu for a listing of the schools. Also, this link http://www.uth.tmc.edu/factbook/2007/profile/bythenumbers.htm will provide additional information.
10. We have a vendor who is a bona fide woman-owned business. Do they have to be HUB certified/registered to qualify as part of the HUB staffing plan? Yes, the business must be HUB certified to qualify.
TRD-200804424
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: August 18, 2008
As required by the provisions of Texas Government Code , §2254.030, prior to amending its contract with Aviation Research Group, U.S., The University of Texas System extends an invitation to qualified and experienced consultants interested in providing consulting services more fully described in the November 2, 2007, issue of the Texas Register (32 TexReg 8060).
Unless a better offer (as determined by U.T. System) is received in response to this invitation, U.T. System intends to amend the existing consulting contract with Aviation Research Group, U.S.
The address of the consultant is as follows:
Aviation Research Group, U.S.
212 West 8th Street
Cincinnati, Ohio 45202
The consulting services sought by the University relate to the consulting services currently provided by Aviation Research Group, U.S. pertaining to aircraft operation and charter services. The initial award for services was based on:
1) Demonstrated competence, knowledge and qualification.
2) An understanding of U.T. System operations.
3) Reasonableness of fees for service.
4) Ability to complete the project within time constraints.
5) Other considerations being equal, consultant whose principal place of business is in the State of Texas or who will manage the consulting contract wholly from an office in the State.
As the original posting indicated, the Chancellor made a finding that Consulting Services are necessary. The University has a substantial need for the Consulting Services the does not currently have staff with the expertise or experience or the ability to secure the required services with another state entity.
The individual to be contacted with an offer to provide such consulting services or with any questions is:
Jeffery Kauffmann
Assistant Vice Chancellor for Operations and Support Services
The University of Texas System Administration
702 Colorado, 3rd Floor
Austin, Texas 78701
Phone: (512) 499-4710
Email: jkauffmann@utsystem.edu
The proposal submission deadline is 5:00 p.m. Central Standard Time on September 15, 2008.
TRD-200804413
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: August 15, 2008