Office of the Attorney General
Agreed Final Judgment and Permanent Injunction
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water and Health & Safety Codes. Before the State may settle a judicial enforcement action, pursuant to §7.110 of 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: State of Texas and Texas Commission on Environmental Quality v. Thunderbird Bay Water Services, Inc., Cause No. D-1-GV-04-0003188 in the 201st District, Travis County, Texas.
Background: This is a suit for enforcement of rules of the Texas Commission on Environmental Quality concerning a drinking water facility owned and operated by Thunderbird Bay Water Services, Inc.
Nature of Settlement: Proposed Agreed Judgment: The proposed Agreed Final Judgment and Permanent Injunction settles all of the State's claims in the suit. The Agreed Final Judgment and Permanent Injunction contains provisions for injunctive relief, civil penalties, and attorney's fees. The proposed judgment will enjoin the Thunderbird Bay Water Services, Inc., to correct violations at its public drinking water facility and to provide service within its certified area of service. The judgment awards the State attorney's fees of $50,000; and civil penalties of $70,000.
The Office of the Attorney General will accept written comments relating to this proposed judgment for thirty (30) days from the date of the publication of this notice. Copies of the proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed judgment may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment and written comments on the proposed judgment should be directed to Sarah Jane Utley, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200901131
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: March 18, 2009
Certification of the Average Taxable Price of Gas and Oil
The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period February 2009, as required by Tax Code, §202.058, is $39.19 per barrel for the three-month period beginning on November 1, 2008, and ending January 31, 2009. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of February 2009, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period February 2009, as required by Tax Code, §201.059, is $4.76 per mcf for the three-month period beginning on November 1, 2008, and ending January 31, 2009. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of February 2009, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
TRD-200901110
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: March 17, 2009
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 03/23/09 - 03/29/09 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 03/23/09 - 03/29/09 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 04/01/09 - 04/30/09 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 04/01/09 - 04/30/09 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-200901111
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 17, 2009
Application to Amend Articles of Incorporation
Notice is given that the following application has been filed with the Credit Union Department and is under consideration:
An application for a name change was received from TEC/TWC Credit Union, San Antonio, Texas. The credit union is proposing to change its name to Texas Workforce 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. 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-200901117
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 18, 2009
Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:
An application was received from Texas Dow Employees Credit Union, 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 within a 10-mile radius of the branch office located at 550 Battleground Rd., La Porte, Texas, to be eligible for membership in the credit union.
An application was received from Bluebonnet Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located within a 10 mile radius of the Credit Union's office located at 4508 Garth Road, Baytown, Texas 77521, to be eligible for membership in the credit union.
An application was received from Community Resource Credit Union, Baytown, Texas to expand its field of membership. The proposal would permit persons who work, reside, or attend school, and businesses located within a 10-mile radius of the Community Resource Credit Union office located at 6810 Garth Road, Baytown, TX, 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-200901116
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 18, 2009
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
United Energy Credit Union, Houston, Texas - See Texas Register issue dated August 29, 2008.
TCC Credit Union, Dallas, Texas - See Texas Register issue dated September 26, 2008.
Energy Capital Credit Union, Houston, Texas (Amended) - Persons who live, work, worship or attend school, and businesses and other legal entities located within a 10-mile radius of the following Energy Capital Credit Union office locations: 800 Bell Street, Houston, TX; 3120 Buffalo Speedway, Houston, TX; 4500 Dacoma, Houston, TX; 233 Benmar, Houston, TX; 13501 Katy Freeway, Houston, TX; 396 W. Greens Road, Houston, TX; and 18540 Northwest Freeway, Houston, TX.
First Service Credit Union, Houston, Texas - See Texas Register issue dated January 30, 2009.
Pioneer Muslim Credit Union, Houston, Texas - See Texas Register issue dated January 30, 2009.
TRD-200901118
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 18, 2009
Request for Applications Concerning the Career and Technical Education State Leadership Projects
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-09-110 from public postsecondary community and technical colleges and public institutions of higher education that have the capacity and resources to conduct statewide grant projects. Local school districts, charter schools, and shared services arrangements are not eligible to apply under this grant.
Applicants may apply for any or all of the projects under this grant; however, applicants that are awarded one of the six Career and Technical Education (CTE) Statewide Educational Excellence Cluster Grants are not eligible to receive an award for the CTE Professional Development Grants. Furthermore, the TEA reserves the right to limit the number of grants awarded to a single applicant and make awards that represent best value to the TEA. Performance and expenditure information on other TEA grants may be considered in awarding funds under this RFA.
Description. The purpose of the Career and Technical Education State Leadership Projects is to implement programs for statewide leadership and professional development related to career and technical education. The following projects are being requested under this RFA: (1) CTE Statewide Leadership Grants, which include the six Educational Excellence Cluster Grants; and (2) CTE Professional Development Grants, which include the CTE College and Career Initiative Grant and the CTE Professional Development Grant.
Dates of Project. The Career and Technical Education State Leadership Projects will be implemented during the 2009-2010 school year. Applicants should plan for a starting date of no earlier than September 1, 2009, and an ending date of no later than August 31, 2010.
Project Amount. Funding will be provided for eight projects. Approximately $2.25 million is available for funding the Career and Technical Education State Leadership Projects during the September 1, 2009, through August 31, 2010, project period. Approximately $1.8 million is available for funding the CTE Statewide Leadership Grants and $450,000 for the CTE Professional Development Grants. Six grants will be awarded for the CTE Statewide Leadership Grants - Educational Excellence Cluster Grants in the amount of $300,000 each. Two grants will be awarded for the CTE Professional Development Grants: one grant of $300,000 for the CTE College and Career Initiative Grant, and one grant of $150,000 for the CTE Professional Development Grant. This project is funded 100 percent from federal leadership funds under the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (P.L. 109-270), CFDA #84.048.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. RFAs are no longer available in print. The announcement letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Rebecca Schroeder, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to the TEA contact person identified in Part 2: Program Guidelines of the RFA. All questions and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, May 14, 2009, to be eligible to be considered for funding.
TRD-200901125
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: March 18, 2009
Description. The Texas Education Agency (TEA) is notifying organizations that personal financial literacy materials for use in high school economics courses may be submitted for review. Approved materials will be added to the List of Approved Personal Financial Literacy Materials. Personal financial literacy materials previously selected for the List of Approved Personal Financial Literacy Materials do not need to be resubmitted for approval. Texas Education Code (TEC), §28.002, authorizes the State Board of Education to approve materials for use in courses meeting a requirement for an economics credit under TEC, §28.025.
Program Requirements. Materials submitted for review may include any of the following areas of instruction: understanding interest; avoiding and eliminating credit card debt; understanding the rights and responsibilities of renting or buying a home; managing money to make the transition from renting a home to home ownership; starting a small business; being a prudent investor in the stock market and using other investment options; beginning a savings program and planning for retirement; bankruptcy; the types of bank accounts available to consumers and the benefits of maintaining a bank account; balancing a checkbook; the types of loans available to consumers and becoming a low-risk borrower; understanding insurance; and/or charitable giving.
Selection Criteria. Organizations will be responsible for submitting materials that they wish to be reviewed for consideration for inclusion on the List of Approved Personal Financial Literacy Materials. All materials submitted for review must satisfy at least one of the areas of instruction in the preceding list and must be submitted with a verification of the extent to which the areas are covered in the materials. The verification form may be downloaded from the TEA website at http://www.tea.state.tx.us/curriculum/social/verify.doc.
Materials must be submitted to Rosemary Morrow, Director, Social Studies, Texas Education Agency, Room 3-121, 1701 North Congress Avenue, Austin, Texas 78701 by 5:00 p.m. (Central Time), Friday, May 1, 2009, to be considered for inclusion on the List of Approved Personal Financial Literacy Materials.
TRD-200901126
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: March 18, 2009
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 April 27, 2009 . 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) 239-2545 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 April 27, 2009. 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: Brian Paul Boehning dba Boehning Dairy; DOCKET NUMBER: 2008-1955-MLM-E; IDENTIFIER: RN103991758; LOCATION: Lamb County; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 Texas Administrative Code (TAC) §321.36(1) and Texas Pollutant Discharge Elimination System (TPDES) Concentrated Animal Feeding Operation (CAFO) General Permit Number TXG920491 Part III.A.10(c), by failing to properly dispose of carcasses; 30 TAC §305.125(1) and TPDES CAFO General Permit Number TXG920491 Part III.A.4(c)(1) and (5), by failing to provide adequate wellhead protection for irrigation wells; 30 TAC §321.46(a)(7)(A) and TPDES CAFO General Permit Number TXG920491 Part III.A.2(a), by failing to update facility maps; 30 TAC §321.39(c)(2) and TPDES CAFO General Permit Number TXG920491 Part IV.B.3, by failing to provide written notification to the appropriate regional office at least ten days prior to cleaning out a retention control structure; 30 TAC §321.37(d) and TPDES CAFO General Permit Number TXG920491 Part III.A.5.(a)(1), by failing to retain and use wastewater in an appropriate and beneficial manner; and 30 TAC §335.6(a), by failing to notify the executive director that storage, processing, or disposal activities are planned; PENALTY: $4,380; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(2) COMPANY: CAHILL INVESTMENTS, INC. dba Resler Chevron; DOCKET NUMBER: 2008-1795-PST-E; IDENTIFIER: RN100823830; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain the required underground storage tank (UST) records and make them immediately available for inspection; 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the agency for any change or additional information regarding USTs; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate; 30 TAC §37.835(b)(2), by failing to maintain a certificate of insurance as specified in the rules; and 30 TAC §115.242(3) and (3)(E) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS) in proper operating condition; PENALTY: $8,125; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(3) COMPANY: CPG Investments LLC and Aspri Investments, LLC dba Dill Food Mart; DOCKET NUMBER: 2008-1908-PST-E; IDENTIFIER: RN102374154; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a)(4) and the Code, §26.3475(d), by failing to provide corrosion protection to all underground metal components of an UST; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: Delek Refining, Limited; DOCKET NUMBER: 2008-1670-AIR-E; IDENTIFIER: RN100222512; LOCATION: Tyler, Smith County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Federal Operating Permit (FOP) Number O-01257, Special Terms and Conditions (STC) Number 15, New Source Review (NSR) Permit Number 5955A, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to maintain carbon monoxide emissions; PENALTY: $26,500; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3434, (903) 535-5100.
(5) COMPANY: E.I. du Pont de Nemours and Company; DOCKET NUMBER: 2008-0971-AIR-E; IDENTIFIER: RN100542711; LOCATION: Orange, Orange County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), NSR Permit Numbers 914 and 9176, SC Numbers 1, FOP Numbers O-02074 and O-02001, General Terms and Conditions (GTC), SC Numbers 8 and 15, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B), NSR Permit Number 914, SC Number 8, FOP Number O-02001, GTC, SC Number 1, and THSC, §382.085(b), by failing to properly report an emissions event; PENALTY: $12,859; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(6) COMPANY: E.I. du Pont de Nemours and Company; DOCKET NUMBER: 2008-1923-PWS-E; IDENTIFIER: RN100542711; LOCATION: Orange, Orange County; TYPE OF FACILITY: petrochemical refining; RULE VIOLATED: 30 TAC §290.42(d)(2)(E), by failing to provide an air gap connection to waste for the filter-to-waste connection; 30 TAC §290.42(d)(13), by failing to identify the chlorine dioxide line every five feet either by the use of a label or by various colors of paint; 30 TAC §290.41(e)(2)(C), by failing to post a sign at the raw water intakes warning that a restricted zone has been established and that all recreational activities and trespassing is prohibited within the area; 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap; 30 TAC §290.42(e)(3)(A), by failing to provide disinfection equipment with a capacity of at least 50% greater than the highest expected disinfectant dosage; 30 TAC §290.42(1), by failing to maintain an up-to-date plant operations manual; 30 TAC §290.43(c)(8), by failing to maintain the facility's clearwell in strict accordance with current American Water Works Association standards; 30 TAC §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain the residual disinfectant concentration in the water of at least 0.2 milligrams per liter (mg/L) free chlorine; 30 TAC §290.46(n)(2), by failing to provide an up-to-date map of the distribution system; 30 TAC §290.42(d)(2)(D), by failing to properly locate the filter so that common walls do not exist between the filter and aerators, mixing, and sedimentation basins or clearwells; and 30 TAC §21.4, by failing to pay all consolidated water quality fees; PENALTY: $3,712; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(7) COMPANY: Federal Bureau of Prisons; DOCKET NUMBER: 2008-1823-PWS-E; IDENTIFIER: RN102043452; LOCATION: Seagoville, Dallas County; TYPE OF FACILITY: prison with public water supply; RULE VIOLATED: 30 TAC §290.109(c)(3)(A)(i), by failing to collect a minimum of three repeat distribution coliform samples; 30 TAC §290.109(f)(3) and THSC, §341.0315(c), by exceeding the maximum contaminant level for total coliform; and 30 TAC §290.109(c)(2)(A)(ii) and THSC, §341.033(d), by failing to collect routine distribution coliform samples; PENALTY: $1,079; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Michael D. Rose dba Freeway Chevron; DOCKET NUMBER: 2009-0037-PST-E; IDENTIFIER: RN101657815; LOCATION: Sierra Blanca, Hudspeth County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of inventory control records; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $5,100; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(9) COMPANY: City of Hackberry; DOCKET NUMBER: 2008-1741-MWD-E; IDENTIFIER: RN102077054; LOCATION: near Hackberry, Denton County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013434001, Interim Effluent Limitation and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with permit effluent limits for dissolved oxygen, total suspended solids, chlorine, five-day carbonaceous biochemical oxygen demand; PENALTY: $7,800; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: City of Hewitt; DOCKET NUMBER: 2008-1946-PWS-E; IDENTIFIER: RN101260545; LOCATION: Hewitt, McLennan County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(e), by failing to provide all potable water storage tanks and pressure maintenance facilities with an intruder-resistant fence with lockable gates; 30 TAC §290.41(c)(3)(A), by failing to obtain approval from the executive director prior to using a well as a public water supply source; 30 TAC §290.46(f)(2) and (3)(B)(v), by failing to maintain a record of water works operation and maintenance activities; 30 TAC §290.42(e)(4)(B), by failing to protect the gas chlorine cylinders from adverse weather conditions and vandalism; 30 TAC §290.42(e)(4)(C), by failing to provide screened vents on the gas chlorine rooms; 30 TAC §290.46(t), by failing to post a legible sign at each production, treatment, and storage facility that includes the name of the water supply and an emergency telephone number; 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines, water storage, and pressure maintenance facilities, and all related appurtenances in a watertight condition; 30 TAC §290.43(c)(4), by failing to provide all clearwells and water storage tanks with a liquid level indicator; 30 TAC §290.43(d)(3), by failing to equip all air compressor injection lines with filters or other devices to prevent compressor lubricants or other contaminants from entering the pressure tank; and 30 TAC §290.42(l), by failing to compile a thorough plant operations manual for operator review and reference; PENALTY: $5,636; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(11) COMPANY: IH 10/FIS Building, L.P.; DOCKET NUMBER: 2009-0063-PWS-E; IDENTIFIER: RN104394366; LOCATION: Bexar County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect routine coliform samples and by failing to provide public notification of the failure to sample; and 30 TAC §290.109(c)(3)(A)(ii), by failing to collect a set of repeat coliform samples; PENALTY: $2,665; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(12) COMPANY: Ingram Concrete, LLC; DOCKET NUMBER: 2008-1957-AIR-E; IDENTIFIER: RN100805613; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: ready-mixed concrete plant; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to control particulate emissions; and 30 TAC §106.201(4) (repealed June 30, 2004) and THSC, §382.085(b), by failing to comply with Permit by Rule Registration Number 44504; PENALTY: $4,050; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: City of Kerens; DOCKET NUMBER: 2008-1486-MWD-E; IDENTIFIER: RN101919553; LOCATION: Navarro County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(4) and TPDES Permit Number WQ0010745001, Permit Conditions Number 2.g, by failing to prevent an unauthorized discharge of wastewater; 30 TAC §217.330(b) (formerly 30 TAC §317.4(a)(8) and §317.7(i)), by failing to have the reduced-pressure principle backflow prevention device tested annually by a certified technician; 30 TAC §305.125(17) and TPDES Permit Number WQ0010745001, Sludge Provisions, by failing to timely submit the annual sludge reports; 30 TAC §305.125(9) and TPDES Permit Number WQ0010745001, Monitoring and Reporting Requirements Number 7, by failing to report orally and submit noncompliance notifications for an unauthorized discharge; 30 TAC §305.125(1) and TPDES Permit Number WQ0010745001, Monitoring and Reporting Requirements Number 5, by failing to calibrate all flow measuring devices at least annually; 30 TAC §305.125(1), TPDES Permit Number WQ0010745001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; 30 TAC §305.125(5) and TPDES Permit Number WQ0010745001, Operational Requirements Number 1, by failing to operate and maintain the treatment units of the facility; 30 TAC §305.125(9) and TPDES Permit Number WQ0010745001, Monitoring and Reporting Requirements Number 7.c, by failing to submit noncompliance notifications for effluent violations more than 40% above the permitted limitation; and 30 TAC §319.6 and §319.11 and TPDES Permit Number WQ0010745001, Monitoring and Reporting Requirements Number 2, by failing to utilize the quality assurance requirements and effluent analysis methods required; PENALTY: $16,725; Supplemental Environmental Project (SEP) offset amount of $16,725 applied to holding two one-day events for the collection, recycling, or proper disposal of tires, batteries, electronics, and lawn clippings; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Killeen Majestic Homes, Inc.; DOCKET NUMBER: 2008-1889-WQ-E; IDENTIFIER: RN105623870; LOCATION: Waco, McLennan County; TYPE OF FACILITY: residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Carlie Konkol, (361) 825-3100; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(15) COMPANY: Load Trail, Limited; DOCKET NUMBER: 2008-1464-AIR-E; IDENTIFIER: RN101462570; LOCATION: Sumner, Lamar County; TYPE OF FACILITY: trailer manufacturing plant; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2), and 122.146(1), FOP Number O-02412, GTC, and THSC, §382.085(b), by failing to submit five annual compliance certifications and associated deviation reports; 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to have authorization to operate a source of air emissions; and 30 TAC §122.121 and §122.241(b) and THSC, §382.085(b), by operating emissions units with an expired FOP; PENALTY: $68,250; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(16) COMPANY: John R. Murff; DOCKET NUMBER: 2008-1826-PST-E; IDENTIFIER: RN101660694; LOCATION: Jewett, Leon 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 upgrade implementation date, a UST system; PENALTY: $5,450; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(17) COMPANY: Norit Americas, Inc.; DOCKET NUMBER: 2008-1671-AIR-E; IDENTIFIER: RN102609724; LOCATION: Marshall, Harrison County; TYPE OF FACILITY: powdered activated carbon manufacturing plant; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(A) and (B), and 122.146(1), FOP Number O1379, GTC, STC Number 8, and THSC, §382.085(b), by failing to submit annual compliance certifications and semi-annual deviation reports; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 3068A, SC Number 3, FOP Number O1379, STC Number 6, and THSC, §382.085(b), by failing to perform stack sampling for particulate matter; 30 TAC §116.115(c), NSR Permit Number 56552, SC Number 12.D., and THSC, §382.085(b), by failing to maintain records of venturi scrubber liquid flow rate; 30 TAC §101.201(a)(2)(F), (b), and (c) and THSC, §382.085(b), by failing to include all individually listed compounds on the initial report; and 30 TAC §116.115(c), NSR Permit Number 5725A, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $28,760; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(18) COMPANY: PEACE PARTNERS CAR WASH, L.L.C. dba Super Stop 28; DOCKET NUMBER: 2008-1860-PST-E; IDENTIFIER: RN100813682; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs; 30 TAC §334.8(c)(4)(C) and (5)(B)(i), by failing to renew a delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate; 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for inspection; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II VRS; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.246(1), (3), and (5) and THSC, §382.085(b), by failing to maintain Stage II records at the station; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS; PENALTY: $34,946; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(19) COMPANY: Mendi T. Momin dba Pedernales Country Store; DOCKET NUMBER: 2008-1837-PST-E; IDENTIFIER: RN101509891; LOCATION: Spicewood, Travis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the UST system; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to provide release detection for the UST system by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the UST identification number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; and 30 TAC §334.45(c)(3)(A), by failing to install and maintain a secure anchor at the base of each emergency shutoff valve in a piping system; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(20) COMPANY: Frank Prado dba Prado's Backhoe Service; DOCKET NUMBER: 2008-1682-SLG-E; IDENTIFIER: RN103154936; LOCATION: Ricardo, Kleberg County; TYPE OF FACILITY: sludge transporter business; RULE VIOLATED: 30 TAC §312.145(c)(2), by failing to submit to the executive director a letter describing significant trip ticket discrepancies and attempts to reconcile the discrepancies; 30 TAC §312.145(b)(4), by failing to submit annual summaries of activities; and 30 TAC §312.147(b), by failing to obtain written approval from the executive director to temporarily store waste at a fixed or permanent site; PENALTY: $8,950; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(21) COMPANY: PRO MOBIL, INC. dba Pro Mobil; DOCKET NUMBER: 2008-1730-PST-E; IDENTIFIER: RN100617943; LOCATION: Richardson, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release; and 30 TAC §334.49(b)(3)(B) and the Code, §26.3475(d), by failing to maintain the interstitial space between the protected component and the secondary containment device free of any soil, backfill material, groundwater, or other substances, and inspect and test the protected component for electrical isolation; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(22) COMPANY: Richdairy Ventures Inc dba High Five Food Store 21; DOCKET NUMBER: 2008-1861-PST-E; IDENTIFIER: RN103961363; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.72(3), by failing to report a suspected release; and 30 TAC §334.74, by failing to investigate a suspected release; PENALTY: $10,100; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(23) COMPANY: RJR Bioenergy, Inc.; DOCKET NUMBER: 2008-1638-MSW-E; IDENTIFIER: RN102831674; LOCATION: Mathis, San Patricio County; TYPE OF FACILITY: used oil transporter and transfer; RULE VIOLATED: 30 TAC §324.11 and 40 CFR §279.45(d) and (e), by failing to provide secondary containment for the aboveground storage tanks used to store used oil and for the area utilized to store drums and totes containing used oil; 30 TAC §324.11 and 40 CFR §279.45(h)(3), by failing to clean up and manage properly the release of used oil; and 30 TAC §324.22(b), by failing to provide proof of financial assurance; PENALTY: $7,761; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(24) COMPANY: City of San Marcos; DOCKET NUMBER: 2009-0256-WQ-E; IDENTIFIER: RN105654982; LOCATION: Hays County; TYPE OF FACILITY: wastewater interceptor; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(25) COMPANY: SHAKU BROTHERS INC. dba Memorial Hill Food Mart; DOCKET NUMBER: 2008-1862-PST-E; IDENTIFIER: RN101817740; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(26) COMPANY: City of Texarkana; DOCKET NUMBER: 2008-0632-PWS-E; IDENTIFIER: RN101200665; LOCATION: Texarkana, Bowie County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the maximum contaminant level of 0.080 mg/L for total trihalomethanes; PENALTY: $715; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(27) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2008-0843-AIR-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.715(a), Air Permit Numbers 20432/PSD-TX-994M1, 834, 7386, 20909, 22072, and 46431, SC Numbers 1 and III-1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §§101.20(1), 101.221(a), and 116.115(c), Air Permit Number 8567, SC Numbers, 1, 4B, and 10, 40 CFR §60.18(c)(2) and (3)(ii), and THSC, §382.085(b), by failing to prevent unauthorized emissions and maintain a flare flame; PENALTY: $202,325; SEP offset amount of $101,162 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(28) COMPANY: United States Postal Service; DOCKET NUMBER: 2008-1928-EAQ-E; IDENTIFIER: RN105660054; LOCATION: Austin, Williamson County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Water Pollution Abatement Plan; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(29) COMPANY: YASHINHA, INC. dba Forum 303 Chevron; DOCKET NUMBER: 2008-1686-PST-E; IDENTIFIER: RN102319910; LOCATION: Grand Prairie, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; 30 TAC §115.246(1) and (7)(A) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review; 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II VRS; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition and free of defects; and 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump; PENALTY: $19,057; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(30) COMPANY: John Yturri; DOCKET NUMBER: 2009-0015-MLM-E; IDENTIFIER: RN105629166; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: unauthorized municipal solid waste disposal site; RULE VIOLATED: 30 TAC §111.201 and §330.15(c) and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning and to prevent unauthorized disposal of municipal solid waste; PENALTY: $5,553; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
TRD-200901100
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 17, 2009
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed repeals to 30 TAC Chapter 106, Permits by Rule.
The proposed rulemaking would repeal nine permits by rule that were added with no change to the list of De Minimis Facilities or Sources (30 TAC §116.119) in May 2008 in order to eliminate duplication and provide a clear regulatory structure. The permits by rule to be repealed are §106.101, Domestic Use Facilities; §106.103, Air Conditioning and Ventilation Systems; §106.121, Hydraulic and Hydrostatic Testing Equipment; §106.123, Vacuum-producing Devices for Laboratory Use; §106.228, Platen Presses for Laminating; §106.282, Feed Grinding Facilities; §106.291, Cotton Gin Stands; §106.312, Wax Melting and Application; and §106.413, Bond Lining to Brake Shoes.
The commission will hold a public hearing on this proposal in Austin on April 27, 2009 at 10:00 a.m. in Building C, Room 131E, at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Jessica Rawlings, Office of Legal Services at (512) 239-0177.
Comments may be submitted to Jessica Rawlings, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2008-029-106-PR. The comment period closes April 30, 2009. Copies of the proposed rulemaking can be obtained from the commission's web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. For further information, please contact Johnny Bowers, Air Permits Division, at (512) 239-6770.
TRD-200901063
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 12, 2009
The Texas Commission on Environmental Quality (commission or TCEQ) will conduct a public hearing to receive testimony regarding proposed revisions to the state implementation plan (SIP) to meet the requirements of the Federal Clean Air Act (FCAA), §§107(d)(3)(E), 110(a)(2)(D)(i), and 175A relating to a second ten-year maintenance plan regarding the 1978 lead National Ambient Air Quality Standard (NAAQS) for Collin County. This public hearing will also receive testimony regarding an agreed order with Exide Technologies that would make contingency measures for the second ten-year maintenance plan legally enforceable.
The proposed SIP revision would implement FCAA requirements for a second ten-year maintenance plan for an area redesignated to attainment in 1999 for the 1978 lead NAAQS.
A public hearing on this proposal will be held in Frisco, on April 20, 2009, at 2:00 p.m., at the City of Frisco, City Council Chambers, located in the George A. Purefoy Municipal Center, 6101 Frisco Square Boulevard. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, TCEQ staff will be available to discuss the proposal 30 minutes prior to the hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Joyce Spencer at (512) 239-5017. Requests should be made as far in advance as possible.
Comments may be submitted to Joyce Spencer, MC 206, Air Quality Planning Section, Chief Engineer's Office, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-5687. Electronic comments may be submitted at www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments pertaining to the second ten-year maintenance plan regarding the 1978 lead NAAQS for Collin County should reference Project Number 2008-020-SIP-NR. The comment period closes on April 24, 2009. Copies of the proposed SIP revision and agreed order may be viewed at the commission's Web site at http://www.tceq.state.tx.us/implementation/air/sip/Hottop.html . For further information, please contact Jim Price, Air Modeling and Data Analysis Section, (512) 239-1803.
TRD-200901101
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 17, 2009
The Texas Commission on Environmental Quality (commission), in coordination with the North Central Texas Council of Governments (NCTCOG), serving as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth metropolitan area (DFW), proposes to substitute certain transportation control measures (TCM) contained in the DFW state implementation plan (SIP). As provided by commission rules, the commission and the NCTCOG have initiated a process to approve substitute TCMs for the DFW SIP. Documentation regarding each proposed substitute TCM is available for public review at the commission's Web site located at http://www.tceq.state.tx.us/implementation/air/sip/tcm_dfw.html . Documentation may also be obtained from Madhusudhan Venugopal, Senior Transportation Planner, North Central Texas Council of Governments, P.O. Box 5888, Arlington, Texas 76005-5888, or at (817) 608-2333.
The commission will hold a public hearing on this proposal on April 17, 2009, at 6:00 p.m., at the North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas in the William J. Pitstick Executive Board Room. The hearing will be structured for the receipt of oral and/or written comments from interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, a commission staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Madhusudhan Venugopal at (817) 608-2333. Requests for special accommodations should be made as far in advance as possible. Comments may be submitted to Koy Howard, Texas Commission on Environmental Quality, Air Quality Section, MC 164, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-1500. Electronic comments may be submitted at www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Project Number 2009-022-OTH-NR, Transportation Control Measure Substitution for the DFW area. The comment period closes on April 20, 2009. For further information, please contact Mr. Koy Howard of the Air Quality Division at (512) 239-2306.
TRD-200901102
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 17, 2009
The following notices were issued during the period of March 10, 2009 through March 12, 2009.
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
Luminant Generation Company LLC, which operates Lake Creek Steam Electric Station, has applied for a renewal of TPDES Permit No. WQ0000954000, which authorizes the discharge of once through cooling water and previously monitored effluents (cooling tower blowdown, low volume wastes, and metal cleaning wastes) at a daily average flow not to exceed 294,000,000 gallons per day via Outfall 001; low volume wastes and storm water runoff from yard drains and diked oil storage areas on a flow variable basis via Outfall 002; and low volume wastes from water treatment on an intermittent and flow variable basis via Outfall 003. The facility is located at 4278 West Lake Creek Road, on the west shore of Lake Creek Lake along Farm-to-Market Road 1860, approximately four miles southwest of the City of Riesel in McLennan County, Texas.
International Paper Company, which operates the Texarkana Mill which produces bleached kraft pulp and paperboard, has applied for a major amendment to TPDES Permit No. WQ0001339000 to authorize the removal of permit limits for aluminum at Outfalls 001A and 001B, the reduction of monitoring frequency for various parameters at Outfalls 001A and 001B, the increase of the permit limits for Adsorbable Organic Halides (AOX) at Outfalls 001A and 001B, to increase the permit limits for chloroform at internal Outfalls 102 and 103, the reduction of the monitoring frequency for various parameters at Outfalls 102 and 103, the addition of a provision to define compliance with disolved oxygen limit at Outfall 001 during periods of low dissolved oxygen, and the correction of typographical errors in the previous permit. The current permit authorizes the discharge of treated process wastewater, water treatement wastes, utility wastewater (boiler blowdown, cooling tower blowdown, and demineralizer water), and stormwater on an intermittent and flow variable basis via Outfalls 001A and 001B. The total volume discharged during any 24-hour period shall not exceed 646,300,000 gallons per day via Outfalls 001A and 001B. The facility is located approximately 14 miles south of the City of Texarkana and five miles east (via Farm-to-Market Road 3129) of US Highway 59 at a site adjacent to and south of the Sulphur River, bounded on the east by the Kansas City Southern Railway and on the west by the Texas and Pacific Railway, Cass County, Texas.
Brazos Electric Power Cooperative, Inc., which operates the Randall W. Miller steam electric generating station, has applied for a renewal of TPDES Permit No. WQ0001903000, which authorizes the discharge of once-through cooling water at a daily average flow not to exceed 400,000,000 gallons per day via Outfall 001, and low volume wastewater, storm water, and previously monitored effluents (metal cleaning wastes) on an intermittent and flow variable basis via Outfall 002. The facility is located on the west shore of Lake Palo Pinto, three miles east of Farm-to-Market Road 919, approximately 11 miles north of the City of Gordon, Palo Pinto County, Texas.
V&M Star, A Partnership with General and Limited Partners, LP, which operates V&M Star, a tubular goods end finishing plant, has applied for a major amendment to TPDES Permit No. WQ0003787000 requesting authorization for: (1) replacement of the existing wastewater treament facility, (2) use of treated sanitary wastewater as make-up process water prior to its eventual discharge via Outall 002, and (3) discharge of wastewaters from hydrostatic tester area, straightener pit area, and secondary containment structures via Outfall 002, after these wastewaters are pretreated using oil/water separator. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 23,000 gallons per day via Outfall 001; and discharge of treated process wastewater as blowdown from the cooling tower at a daily average flow not to exceed 80,000 gallons per day via Outfall 002. The facility is located at 8603 Sheldon Road, approximately 1.5 miles south of the intersection of Sheldon Road and U.S. Highway 90, in the City of Channelview, Harris County County, Texas.
Sanderson Farms, Inc. (Production Division), which operates the Sanderson Farms Franklin Feed Mill and Truck Shop, has applied for a major amendment to TPDES Permit No. WQ00003847000 to authorize removal of Oil and Grease effluent limits and monitoring requirements; increase the daily average permitted flow from 29,000 gallons per day to 40,000 gallons per day, and daily maximum flow from 40,000 gallons per day to 80,000 gallons per day; report flow to evaporation pond as daily average instead of monthly average; and increase the discharge to evaporation pond from 857 gallons to 1,500 gallons. The current permit authorizes the discharge of boiler blowdown at a daily average flow not to exceed 29,000 gallons per day and daily maximum not to exceed 40,000 gallons per day; and the disposal of truck wash water at a daily average flow not to exceed 857 gallons per day via evaporation. The facility is located on U.S. Highway 79 approximately 3.2 miles northeast of the intersection of U.S. Highway 79 and State Road 1940 in the Community of New Baden, Robertson County, Texas.
Duratherm Asset Acquisition Corp., which operates a facility that treats oily waste from the petroleum refining and petrochemical industries and creates fuel for cement kilns, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0004086000, which authorizes the discharge of storm water associated with industrial activity. The facility is located at at 2700 Avenue S, near the intersection of 27th Street and Avenue S, approximately 3/4 mile east of State Highway 146 at Dickinson Bayou, approximately two miles southeast of the city of Bacliff, in Galveston County, Texas.
Wolf Hollow I, LP, which operates Wolf Hollow I, has applied for a renewal of TPDES Permit No. WQ0004288000, which authorizes the discharge of cooling tower blowdown, boiler blowdown and previously monitored effluent (low volume wastewater from internal Outfall 101) at a daily average flow not to exceed 1,100,000 million gallons per day via Outfall 001. The facility is located at the intersection of Wolf Hollow Court and Farm-to-Market Road 2425, approximately 1.1 miles east of the intersection Farm-to-Market Road 2425 and State Highway 144, Hood County, Texas.
Synagro of Texas-CDR, Inc., 1002 Village Square Drive, Suite C, Tomball, Texas 77375, has applied for a renewal of Permit No. 04441, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 4914.35 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located adjacent to the north side of Farm-to-Market Road 1093, extending north to Farm-to-Market Road 3013, approximately 4.5 miles east of the City of Eagle Lake, and immediately west and south of the San Bernard River in Colorado and Wharton County, Texas.
Synagro of Texas-CDR, Inc. has applied for a renewal of Permit No. 04504, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 475.7 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located 7 miles north of north of Paynor, on Farm-to-Market Road 315 at the Bill Miller Tree Farm in Henderson County, Texas.
Upper Leon River Municipal Water District has applied for a renewal of Permit No. 04626, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 0.71 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located adjacent to an unnamed road approximately 0.1 miles north of Farm-to-Market Road 2861, approximately 1.8 miles north of the intersection of Farm-to-Market Road 2861 and US Highway 67 in Comanche County, Texas.
Sabine River Authority-State of Louisiana Entergy Texas, Inc, which proposes to operate Toledo Bend Dam, a hydroelectric generating facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004845000, to authorize the discharge of once through non-contact cooling water at a daily average flow not to exceed 1,200,000 gallons per day via Outfall 001; low volume wastewater at a daily average flow not to exceed 36,000 gallons per day via Outfall 002; and storm water runoff on an intermittent and flow variable basis via Outfall 003. The facility is located 15 miles northeast of Burkeville, Texas on State Highway 692, approximately 0.6 mile northeast of the intersection with Sate Highway 255, Newton County, Texas.
TRS Enviroganics Inc. has applied for a new permit, Proposed Permit No. WQ0004861000, to authorize the land application of sewage sludge for beneficial use on 655.14 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located approximately 1.25 miles west of the intersection of Farm-to-Market Road 2221 and Seven Mile Road in Hidalgo County, Texas.
City of Thorndale has applied for a renewal of TPDES Permit No. WQ0010302001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. The facility is located on the west side of Farm-to-Market Road 486, approximately 0.5 mile south of the intersection of U.S. Highway 79 and Farm-to-Market Road 486 in Milam County, Texas.
City of Orchard has applied for a renewal of TPDES Permit No. WQ0011545001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located approximately 4,000 feet southeast of the intersection of State Highway 36 and Farm-to-Market Road 1489, approximately 3,500 feet southwest of the City of Orchard in Fort Bend County, Texas.
U.S. Silica Company, which operates the U.S. Silica - Kosse Plant, a kaolin clay mining and processing facility has applied for a renewal of TPDES Permit No. WQ0001176000, which authorizes the discharge of process generated water, area runoff, and water from mine area dewatering at a daily maximum discharge not to exceed 2,500,000 gallons per day via Outfalls 001, 002, 003, 004, 005. The total combined daily maximum flow from the five outfalls shall not exceed 4,000,000 gallons per day. The facility is located on the east side of Farm-to-Market Road 2749, approximately one mile north of the intersection of State Highway 7 and Farm-to-Market Road 2749, and approximately 7.5 miles north of the City of Kosse, Limestone County, Texas.
West Yukon Estates LLC has applied for a renewal of TPDES Permit No. WQ0012612001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located at 2719 Third Street, approximately 4,000 feet northeast of the intersection of Farm-to-Market Road 1960 and Farm-to-Market Road 2100, northeast of the incorporated township of Huffman in Harris County, Texas.
The Center Serving Persons with Mental Retardation has applied for a renewal of TPDES Permit No. WQ0013466001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. TCEQ received this application on November 21, 2008. The facility is located four miles north of the intersection of Interstate Highway 10 and Farm-to-Market Road 1458, on Farm-to-Market Road 3318 in Waller County, Texas.
Iowa Colony Sterling Lakes, Ltd. has applied for a renewal of TPDES Permit No. WQ0014546001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located approximately 5,000 feet west of State Highway 288, approximately 750 feet north of County Road 57 in Brazoria County, Texas.
J. West Development, Inc. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014916001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. 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. The facility will be located 4,000 feet northeast of the intersection in the community of Matagorda where US Highway 60 makes a 90 degree turn in Matagorda 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-200901129
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 18, 2009
Notice issued March 10, 2009
APPLICATION NO. 5703A; Luminant Mining Company LLC, Applicant, 500 N. Akard Street, LP 12-085, Dallas, TX 75201, has applied for an amendment to Water Use Permit No. 5703 to authorize two existing sediment control reservoirs, add two new diversion points and to authorize subsequent diversion and use of all or part of the 680 acre-feet of water currently authorized by Water Use Permit No. 5703, from unnamed tributaries of Cass Branch, Sabine River Basin, for mining purposes in Rusk County. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on July 21, 2008. Additional information and fees were received on October 23, November 3, and November 24, 2008. The application was accepted for filing and declared administratively complete on December 9, 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-200901130
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 18, 2009
The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for six individuals to serve on the TCEQ Water Utility Operator Licensing Advisory Committee (the Committee). The Committee membership represents various geographic areas of the state, ethnicity, businesses, governments, associations, and industries. If you have served on this advisory committee or nominated someone or self-nominated in the past, you may do so again. When members' terms expire, the committee representation changes and individuals with varying backgrounds and geographic locations are needed each time.
The authority for the committee is found in Title 30 TAC Chapter 5. The objectives of the 13-member committee are: 1) to review training and educational material to promote quality education and training; 2) to review Job Analysis exam validations and to advise and assist regarding licensing requirements; 3) to assist with the review of rules, regulations, guidance documents, and policy statements; 4) to represent a diversity of viewpoints; 5) and to promote interaction with outside organizations.
These six appointments will be made by the TCEQ commissioners and will be for four-year terms, beginning September 1, 2010. The committee meets as needed, usually four times a year. Meetings are held at the TCEQ offices located at 12100 Park 35 Circle in Austin, Texas, and last approximately two - four hours. No financial compensation is available. Additional information regarding the Committee is available at the following web site: http://www.tceq.state.tx.us/compliance/compliance_support/licensing/wuoc_comm.html .
To nominate an individual or to self-nominate, submit a resume of the nominee. The resume must include: work history, dates of employment, job titles and duties, educational background, professional licenses held, and dates of past and current memberships on TCEQ advisory committees, councils and work groups. Also, submit a letter from the nominee indicating his/her agreement to serve, if appointed, and indicating that he/she has employer approval to serve, if required. Nominations must be received at TCEQ by 5:00 p.m., on April 30, 2009. Nominations may be mailed to Allan Vargas, Compliance Support Division, MC 178, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. Nominations may also be faxed to Mr. Vargas at (512) 239-6272 or sent by email to alvargas@tceq.state.tx.us.
Questions regarding the committee can be directed to Mr. Vargas at (512) 239-6139 or to Sarita Nazareth at (512) 239-6189.
TRD-200901103
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 17, 2009
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 April 1, 2009.
The amendment will modify the reimbursement methodology for clinical laboratory services in the Texas Medicaid State Plan as a result of Medicaid fee changes.
The proposed amendment is estimated to result in a reduced annual aggregate expenditure of $4,848,518 for the remainder of federal fiscal year (FFY) 2009, with approximately $2,886,323 in federal funds and $1,962,195 in state funds. For FFY 2010, the estimated additional aggregate expenditure is $12,483,386, with approximately $7,338,983 in federal funds and $5,144,403 in state funds. For FFY 2011, the estimated additional aggregate expenditure is $13,399,691, with approximately $7,897,778 in federal funds and $5,501,913 in state funds.
Interested parties may obtain copies of the proposed amendment by contacting Chris Dockal, Hospital Reimbursement, 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-200901055
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 12, 2009
Adopted Rate. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) adopted the following interim per diem reimbursement rate for small, state-operated Intermediate Care Facilities for Persons with Mental Retardation, including facilities operated by the Texas Department of Aging and Disability Services: $394.49. The adopted rate is effective September 1, 2008.
Hearing. HHSC conducted a hearing on January 30, 2009, to receive public comment on the proposed reimbursement rate. The hearing was held in accordance with 1 Texas Administrative Code (TAC) §355.105(g), which requires that public hearings be held on proposed reimbursement rates before such rates are approved by HHSC. Notice of the hearing was published in the January 16, 2009, issue of the Texas Register (34 TexReg 361). No persons attended the hearing or provided written or oral comments.
Methodology and Justification. The adopted rate was determined in accordance with the rate setting methodology codified at 1 TAC §355.456(e), relating to Reimbursement Rates.
TRD-200901068
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 13, 2009
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 amendment is effective April 1, 2009.
HHSC was directed by Senate Bill 24 and Senate Bill 760, 80th Legislature, Regular Session, 2007, to expand telemedicine services to include office visits, establish a mechanism for reimbursing services provided at the patient site, change the telemedicine terminology to align more closely with Medicare, and encourage the use of telemedicine. The purpose of the proposed amendment is to clarify telemedicine services in the Texas Medicaid State Plan, expand allowable telemedicine services, and modify the reimbursement methodology to include reimbursement of a facility fee payable to the patient site location.
The proposed amendment is estimated to result in an additional annual aggregate expenditure of $261,360 for the remainder of federal fiscal year (FFY) 2009 (January 1, 2008, to September 30, 2008), consisting of $155,588 in federal funds and $105,772 in state general revenue. For FFY 2010, the estimated additional annual expenditure is $285,928 consisting of $167,725 in federal funds and $118,203 in state general revenue.
To obtain copies of the proposed amendment, interested parties may contact Nancy Kimble 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) 491-1363; by facsimile at (512) 491-1998; or by e-mail at nancy.kimble@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-200901070
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 13, 2009
Texas Neighborhood Stabilization Program Notice of Funding Availability (NOFA)
(1) Summary.
(a) The Texas Department of Housing and Community Affairs ("TDHCA" or the "Department") announces the expected distribution and use of $101,996,848 (amount includes all administrative funds (refer to Figure 1)) through the newly-authorized Neighborhood Stabilization Program ("NSP"), which the U.S. Department of Housing and Urban Development ("HUD") is providing to the State of Texas. The NSP funds were authorized by the Housing and Economic Recovery Act of 2008 ("HERA") as an adjunct to the Community Development Block Grant (CDBG) Program for the redevelopment of abandoned and foreclosed homes and residential properties. A Substantial Amendment ("Amendment") to the Action Plan for FFY 2008 was submitted by the State of Texas to HUD in order to update the Consolidated Plan for FFY 2005 - 2009 for the Texas Neighborhood Stabilization Program requirements. The Amendment was approved by HUD on January 30, 2009.
(b) The availability and use of these funds is subject to the Community Development Block Grant regulations (24 CFR Part 570), as applicable, the federal HOME Investment Partnerships Program (HOME) regulations (24 CFR Part 92), as applicable, and Chapter 2306, Texas Government Code. Other federal regulations may also apply such as, but not limited to, 24 CFR Part 58 for environmental requirements, 24 CFR Parts 84 and 85, as applicable, for such issues as procurement and conflict of interest, and 24 CFR Parts 100 - 115 for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules and program guidelines that govern the program.
(2) Allocation of Texas NSP Funds.
(a) These funds will be distributed in partnership with the Office of Rural Community Affairs ("ORCA") and the Texas State Affordable Housing Corporation ("TSAHC"). A Memorandum of Understanding (MOU) will be executed between TDHCA and ORCA to outline the responsibilities and parameters of the partnership. A contract will be executed between TDHCA and TSAHC to establish a statewide land bank for the Texas NSP. TDHCA will coordinate activities in accordance with NSP guidelines including the establishment of financing mechanisms for purchase and redevelopment of foreclosed homes and residential properties, purchase and rehabilitation of homes and residential properties that have been abandoned or foreclosed, establishment of land bank/trusts, removal of blight, and the redevelopment of demolished or vacant properties. Households directly assisted with NSP funds must income qualify and be at or below 120% of the Area Median Income (AMI), as defined by HUD.
(b) Texas NSP funding is available to eligible entities operating in counties meeting the threshold of greatest need, as defined by the State in the Amendment to the Action Plan. A multi-level approach will be used in the distribution of funds to communities. The first level, Direct Allocation, is a reservation of a specified amount available to eligible entities in 25 counties identified as having the highest order of significant need. The second level, Select Pool, is an initial competitive allocation of not less than $500,000, available to entities in up to 76 additional counties which have also been identified as demonstrating significant need. In addition, a separate pool of Texas NSP funds is available for land banking activities; TDHCA will administer land bank activities in conjunction with the Texas State Affordable Housing Corporation ("TSAHC"). The following table summarizes the program distribution of Texas NSP funds:
Figure 1: Program Distribution of Texas NSP Funds. (.pdf)
(3) Definitions.
As stipulated in the Federal Register Notice (Docket No. FR-5255-N-01) for the NSP, there are certain terms used in HERA that are not used in the regular CDBG program. Certain terms may be used differently in HERA and in the Housing and Community Development Act of 1974, as amended. When in conflict, definitions published in the Federal Register (Docket No. FR-5255-N-01) and any subsequent HUD Errata Notice are controlling for the Texas NSP.
(4) Limitations on Funds.
(a) In order to avoid allocating small amounts of funding that can have no meaningful impact on stabilizing of property values, the minimum award amount to an eligible entity cannot be less than $500,000, excluding Administration costs.
(b) Before the effective date of the Texas NSP Contract, an eligible entity that ultimately receives an award of Texas NSP funds, (Contract Administrator) may incur and be reimbursed for travel costs, as provided for with Administration funds, related to implementation training required by the Department as a condition of receiving an NSP award and Contract.
(c) Department-authorized pre-award costs for predevelopment activities, including but not limited to legal, architectural, engineering, appraisal, surveying, environmental, and market study fees, may be reimbursed if incurred before the effective date of a Contract so long as the costs are in accordance with 24 CFR §§570.205 - 206 and 24 CFR Part 58 and at the sole discretion of the Department.
(d) Additional limitations as defined in HERA and HUD NSP Notices regarding purchases, rehabilitation, and sale of homes, will be strictly enforced.
(e) The Department may develop and enforce additional contract management benchmarks to ensure the proportionate use of funds to meet the federal mandates regarding serving households earning not more than 50% of AMI, discounts on acquisitions and timely use of funds.
(5) Administrative and Activity Delivery/Soft Costs Limitations.
(a) Each applicant that is awarded NSP funds may also be eligible to receive funding for administrative costs. The award amount for the Administration line item shall not exceed 5% of the contract amount for all activities except Land Bank activities. Administrative costs for Land Bank activities will be limited to a total of 8%, of which 2% will be reserved for long-term oversight by the Department or its designee. These figures do not include Activity delivery costs described below The administrator must use funds for all administrative costs in accordance with 24 CFR §§570.205 - 206, and Office of Management and Budget (OMB) Circulars A-87, A-122, A-102 and A-110, as applicable.
(b) Activity Delivery costs represent the administrative costs incurred in implementing specific activities but are separate from the general administrative costs, for which limits are set forth in the previous paragraph. The Texas NSP limits Activity Delivery costs according to activity as specifically described in program activity sections.
(c) Soft costs are a type of Activity Delivery costs that are directly related to and identified with a specific housing unit (property). Eligible project-related soft costs must be reasonable and consistent with industry norms. Specific eligible activities include:
(A) preparation of work write-ups, work specifications, and cost estimates;
(B) architectural, engineering or professional services required to prepare plans, drawings or specifications directly attributable to a particular project;
(C) inspections for lead-based paint, asbestos, termites or septic systems;
(D) interim and final inspections by the construction inspector;
(E) financing fees, credit reports, title binders and insurance;
(F) recordation fees, transaction taxes;
(G) legal and accounting fees;
(H) appraisal fees;
(I) architectural and engineering fees, including specifications and job progress inspections;
(J) relocation costs;
(K) site specific environmental reviews; and
(L) lead hazard evaluation and reduction costs.
(d) For all activities, Activity Delivery costs must be reasonable and consistent with industry norms and will be restricted to a percentage of the non-administrative NSP costs per housing unit or property. The related Activity Delivery costs maximum will be based on the activity in a range from 5% to no more than 20% of the non-administrative NSP costs per housing unit or property.
(e) Activity Delivery costs may not exceed the foregoing limits without prior written approval by the Department. Upon prior approval of the Department, exceptions may be allowed in the case of Rehabilitation activities for lead-based paint hazard reduction and/or relocation and cost categories not identified in the Texas NSP NOFA.
(f) Contract Administrators must certify that the amount being disbursed is for the actual amount of costs, including Administrative and Activity Delivery costs, and must provide documentation to support such costs.
(g) Eligible Costs are limited to those listed in §570, Subpart C, or as otherwise identified in the NSP Federal Register Notice. No duplicate disbursement of costs is allowed. Costs may only be disbursed as either a project Activity Delivery cost or Administration cost but not both. Additionally, costs may only be disbursed once per occurrence when providing both acquisition and construction assistance to the same Project or Activity.
(6) Eligible and Prohibited Activities.
(a) The use of NSP grant funds must constitute an Eligible Use under HERA. Most of the activities eligible in NSP represent a subset of the eligible activities under 42 U.S.C. §5305(a). The NSP Eligible Uses must be correlated with CDBG-eligible activities. See §8 of the NOFA for a complete listing of eligible activities and uses.
(b) Prohibited activities include, but are not limited to:
(A) The payment of delinquent taxes, fees, or charges on properties to be assisted with NSP funds;
(B) The payment of any cost that is not eligible under 24 CFR §§570.201 - 570.206;
(C) Assistance to persons who owe payments identified by the Comptroller of Texas as relevant (including, but not limited to, child support, student loans, and delinquent taxes);
(D) Assistance to any household whose property has current tax liens against it and/or judgments liens in favor of the State of Texas against it; or
(E) The provision of rehabilitation on a housing unit without prior written consent of all persons who have any lien or ownership interest in the property, whether of record or not, unless exempted by state law.
(7) Eligible and Ineligible Applicants.
(a) Eligible applicants are Units of General Local Government and nonprofit organizations. Nonprofit organizations must secure a letter from an eligible city or county granting the nonprofit organization the authority to apply on their behalf.
(b) Direct Pool: Based on the county need score, eligible entities within the following 25 counties may submit an application to receive allocations from the Direct Pool: Bell; Bexar; Brazoria; Cameron; Collin; Dallas; Denton; Ector; El Paso; Fort Bend; Galveston; Harris; Hidalgo; Jefferson; Lubbock; McLennan; Montgomery; Nueces; Potter; Tarrant; Taylor; Travis; Webb; Wichita; and Williamson.
(c) Select Pool: Based on the county need score, eligible entities within the following 76 counties may submit an application to receive allocations from the Select Pool: Anderson; Angelina; Aransas; Atascosa; Austin; Bastrop; Bowie; Brazos; Brown; Burnet; Caldwell; Cherokee; Comal; Cooke; Coryell; Eastland; Ellis; Erath; Fannin; Gillespie; Gonzales; Grayson; Gregg; Grimes; Guadalupe; Hale; Harrison; Hays; Henderson; Hill; Hood; Hopkins; Howard; Hunt; Jackson Jasper; Jim Wells; Johnson; Kaufman; Kendall; Kerr; Kleberg; Lamar; Leon; Liberty; Llano; Matagorda; Maverick; Medina; Midland; Milam; Montague; Nacogdoches; Navarro; Orange; Palo Pinto; Parker; Polk; Randall; Rockwall; San Patricio; Smith; Starr; Tom Green; Upshur; Val Verde; Van Zandt; Victoria; Walker; Waller; Washington; Wharton; Willacy; Wilson; Wise; and Wood.
(d) The following violations will cause an Applicant and/or any Applications they have submitted to be ineligible:
(A) The Applicant is an Administrator of a previously funded Contract for which Department funds have been partially or fully deobligated due to failure to meet contractual obligations during the twelve (12) months prior to application submission date; an exception may be made at the discretion of the Department if the deobligation was voluntary, part of project close-out or the remainder was completed on a subsequent Contract;
(B) The Applicant has failed, (within the reasonable time allotted for response), to submit a response to provide an explanation, evidence of corrective action or a payment of disallowed costs or fees as a result of a monitoring review;
(C) The Applicant has failed to make timely payment or is delinquent on any loans or fee commitments made with the Department on the date of the Application submission;
(D) The Applicant has been or is barred, suspended, or terminated from procurement in a state or federal program or listed in the List of Parties Excluded from Federal Procurement or Non-Procurement Programs or has otherwise been debarred by HUD or the Department;
(E) The Applicant has violated the State laws regarding ethics, including revolving door policy;
(F) The Applicant has been convicted of a state or federal felony crime involving fraud, bribery, theft, misrepresentation of material fact, misappropriation of funds, or other similar criminal offenses within fifteen years preceding the Application deadline;
(G) The Applicant at the time of Application submission is subject to the following for which proceedings have become final:
(i) an enforcement or disciplinary action under state or federal securities law or by the NASD;
(ii) a federal tax lien;
(iii) or is the subject of an enforcement proceeding with any governmental entity.
(H) The submitted Application has excessive omissions of documentation from the Selection Criteria; or is so unclear, disjointed, or incomplete, as determined by the Department, that a thorough review cannot reasonably be performed. If an Application is determined ineligible pursuant to this section, the Application will be terminated without the opportunity for corrections of administrative deficiencies.
(I) The Applicant or anyone that has controlling 51% ownership interest in the development owner or developer that is active in the ownership or control of one or more other rent restricted rental housing properties in the state of Texas administered by the Department is in Material Noncompliance with the Land Use Restriction Agreement (LURA) (10 TAC §60.121); and
(J) Any Application that includes financial participation by a Person who, during the five-year period preceding the date of the bid or award, has been convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or Reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 25, 2005, or was assessed a federal civil or administrative penalty in relation to such a contract.
(8) Program Activities.
(a) Financing Mechanisms.
Activity Type: "NSP Eligible Use (A) Establish finance mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties."
CDBG Eligible Activities: 24 CFR §570.206 Activity delivery costs; also, the eligible activities listed here to the extent financing mechanisms are used to carry them out: 24 CFR §570.201(a) Acquisition, (b) Disposition, (n) Homeownership Assistance; and 24 CFR §570.202 Rehabilitation.
(A) This activity will provide affordable ownership and rental opportunities by providing financing mechanisms to a subgrantee, developer or individual homebuyer to purchase or facilitate the purchase of foreclosed homes or residential property.
(B) Permanent Financing: Households earning 50% or less AMI may obtain up to 100% Mortgage Financing directly from the Department to purchase a foreclosed single-family house or residential property. This property must be the primary residence within thirty (30) days of closing the mortgage loan (or completion of rehabilitation to the extent that rehabilitation is combined with available financing mechanisms). Mortgage loans will be for thirty (30) years with a 0% interest rate. Fully amortizing scheduled repayment will be as set forth in loan documents executed at loan closing. Closing costs may be financed with the loan proceeds up to a loan to value ratio of 100%. Mortgage documents (Promissory Note and Deed of Trust) will be utilized to provide security for the repayment of the loan with stated rights and remedies in the event of default. A down payment of $500 will be required from all homebuyers receiving Permanent Financing through the Texas NSP. Qualifying households will be allowed to participate in a self-help housing program, at the approval and discretion of the Department, through which a minimum number of self-help construction hours, to be specified through contract, will be allowed to substitute as "sweat equity" for the $500 down payment requirement.
(C) Homebuyer Assistance: Homebuyers who qualify as 51-120% AMI will be eligible to access Texas NSP funds for down payment assistance, reasonable closing costs, principal reductions, and gap financing in an amount needed to qualify for private mortgage financing, but not to exceed $30,000. Households earning 50% or less AMI will also be eligible for principal reductions and gap financing in an amount needed to qualify for 100% financing through the Texas NSP, but not to exceed $30,000. Homebuyer Assistance will be in the form of a deferred forgivable loan contingent upon the total amount of assistance, creating a 2nd or 3rd lien with a term based on the federal affordability requirements as referenced in Section 9 of the NOFA.
(D) Subgrantee Financing: The acquisition of foreclosed single-family and multifamily residential properties by subgrantees and developers will be funded through a loan with the Department. These loans will not be considered a "financing mechanism" for the purposes of the Texas NSP. The loan to the subgrantee or developer may be transferred to the qualifying homebuyer and converted to a thirty-year amortizing loan through the Department with 0% interest for households earning 50% or less AMI. Homebuyer Assistance will also be available through the Department for qualifying households in the same manner as described in the above paragraph to facilitate private financing and repayment of the acquisition loan from the Department.
(E) Rental (Single-family and Multifamily) Residential Property Financing: The acquisition of foreclosed single-family and multifamily residential properties by subgrantees and developers for rental opportunities will be funded through a loan with the Department. The loan to the subgrantee or developer may be converted to a thirty-year amortizing loan through the Department with 0% interest for the percentage of units designated for households earning 50% or less AMI; i.e. if 60% of the units of a foreclosed apartment complex to be acquired will be filled with households earning 50% or less AMI, then 60% of the acquisition loan may be converted to a thirty-year amortizing loan through the Department with 0% interest. The remaining 40% of the acquisition loan must be repaid to the Department. Homebuyer Assistance is unavailable for rental properties. Further detail of loan requirements is discussed in §10 of the NOFA. Texas NSP continued affordability requirements as referenced in §9 of the NOFA will apply.
(F) Acquisition: Appraisals that conform to the requirements of the URA at 49 CFR §24.103 will be required for the purposes of determining the statutory purchase discount. The appraisal must be completed within 60 days prior to the final offer made for the property by a subgrantee, developer or individual homebuyer. An individual property may be purchased at as little as a 5% discount; however the portfolio of properties acquired by each contract administrator must reflect an overall 15% discount from current appraised values.
(G) Eligible and Ineligible Property: Eligible property types for assistance under this activity are limited to single-family homes and residential property (property intended for residential purposes, i.e. zoned residential or where there is no zoning, residential use is consistent with deed restrictions and any other limiting factors) including condominium units, apartment units, cooperative units in mutual housing projects and multifamily residential property.
(H) Repayment: The loans are to be repaid (if any of the following occurs before the end of the loan term): resale of the property; refinance of the first lien; repayment of first lien or if the unit ceases to be the assisted household's principal residence. The amount of recapture will be based upon the recapture provision at 24 CFR §92.254(a)(5)(ii), summarized as follows:
(i) Recapture of the amount of the NSP investment is reduced on a pro rata share based on the time the homeowner has owned and occupied the unit measured against the required affordability period. The recapture amount is subject to available shared net proceeds in the event of sale or foreclosure of the housing unit.
(ii) In the event of sale or foreclosure of the housing unit, if the shared net proceeds (i.e., the sales price minus closing costs; any other necessary transaction costs; and superior lien loan repayment,) are in excess of the amount of the NSP investment that is subject to recapture, then the net proceeds may be divided proportionately between repayment of NSP loan(s) and the homeowner as set forth in the following mathematical formula: (NSP investment / (NSP investment + homeowner investment)) X net proceeds = NSP amount to be recaptured
(I) Restrictions: The following first lien purchase loan requirements are imposed for households receiving homebuyer assistance:
(i) No adjustable rate mortgage loans (ARMs) or interest rate buy-down loans 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) Lenders must require the escrow of taxes and insurance;
(v) An origination fee and any other fees associated with the mortgage loan may not exceed 2% of the loan amount; and
(vi) The debt to income ratio (back-end ratio), as defined in Fannie/Freddie conventional loan underwriting guidelines, may not exceed 45%.
(J) Homebuyer Counseling: All NSP-assisted homebuyers will be required to complete at least eight (8) hours of homebuyer counseling from a HUD-approved housing counseling agency before obtaining a mortgage loan. Evidence must include documentation describing the level of homebuyer counseling, including post purchase counseling. Applicant must state who will provide the homebuyer counseling and must submit a copy of the curriculum. A proposed written agreement for service provider (if the applicant is not providing the service) must also be provided.
(K) Income Targeting: Benefits low, moderate and middle-income persons as defined in the NSP Notice (≤120% of area median income). As required in the Amendment, at least 35% of the non-administrative allocation should be targeted to benefit households with incomes less than or equal to 50% AMI.
(L) Program Income: Any program income received from financing mechanisms utilizing Texas NSP funds, including principal payments from 0% financing, must be returned to the Department. Revenue received by a private individual or other entity as a result of a financing mechanism involving NSP funds must also be returned to the Department.
(M) Benchmarks:
(i) Three (3) months:
(I) Environmental Assessment complete and submitted to Department for review.
(ii) Six (6) months:
(I) All properties/households identified.
(II) For all properties to be purchased, earnest money contracts or options to purchase must have been executed to meet HERA requirement of obligation. Earnest money or option contracts must include the contingency of final environmental clearance prior to purchase (if environmental clearance and authority to use grant funds not already issued).
(iii) Twelve (12) months:
(I) Homebuyer counseling requirement met for all NSP-assisted homebuyers.
(II) All loans closed.
(N) Activity Delivery Cost Limits: Activity Delivery costs for all financing mechanisms will be limited to 10% of the NSP non-administrative costs per housing unit or property.
(b) Acquisition of Real Property (Purchase and Rehabilitation).
Activity Type: "NSP Eligible Use (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent or redevelop such homes and properties."
CDBG Eligible Activities: 24 CFR §570.201(a) Acquisition, (b) Disposition; and 24 CFR §570.202 Rehabilitation.
(A) To implement this activity, Applicants will purchase residential properties that have been abandoned or foreclosed at a discount to ensure purchasers are paying below-market value for the property. Appraisals that conform to the requirements of the URA at 49 CFR §24.103 will be required for the purposes of determining the statutory purchase discount. The appraisal must be completed within sixty (60) days prior to the final offer made for the property by a subgrantee or developer. The acquisition of abandoned property may be funded if the property has been vacant for at least ninety (90) days and payments on the mortgage or taxes have not been made for at least ninety (90) days. Any individual property may be acquired at a 5% discount; however, any portfolio of properties must collectively reflect a 15% discount from current market values.
(B) Acquired homes and residential properties must be rehabilitated and made available for sale or rent to eligible households within twelve (12) months of acquisition.
(C) The acquisition and subsequent rehabilitation, reconstruction or redevelopment of residential properties will be funded through a loan with the Department. A subgrantee or developer that has acquired and rehabilitated homes and residential properties through Texas NSP funds may repay the Department when private financing is secured by a qualifying homebuyer. If the property is eligible for Financing Mechanisms (foreclosed home or residential property), then the homebuyers may qualify for the Homebuyer Assistance available under that activity. A subgrantee or developer may also utilize Permanent Financing through the Department if the property is eligible and the homebuyers qualify under the activity of Financing Mechanisms. The loan will be transferred to the homebuyer and converted to a thirty-year amortizing loan with 0% interest for qualifying homebuyers.
(D) Rehabilitation includes activities and related costs as described in 24 CFR §570.202(b), but limited to the improvement or modification of an existing residential property through an alteration, addition, or enhancement including the demolition of an existing residential property and the reconstruction (rebuilding of a structure on the same site in substantially the same manner) of residential property.
(E) Rehabilitated residential property must result in permanent housing.
(F) Eligible property types for rehabilitation are limited to single family dwellings, condominium units and cooperative units in mutual housing projects. A Manufactured Housing Unit is not an eligible property type for Rehabilitation. NSP funds may be used to replace (Reconstruct) a housing unit with a new MHU or Modular Home if:
(i) The unit complies with the Texas Manufactured Housing Standards Act under Chapter 1201, Texas Occupation Code;
(ii) The unit is permanently installed in accordance with the Texas Manufactured Housing Standards Act;
(iii) The unit is permanently attached to utilities; and
(iv) The ownership of the unit is recorded in the taxing authority of the county in which it is located.
(G) Texas NSP loans will be required to be repaid to the Department within twelve (12) months of acquisition unless maintained as rental property (single-family or multifamily) under program requirements.
(H) Income Targeting: Benefit to low, moderate and middle income persons as defined in the NSP Notice (≤120% of area median income). As required in the Amendment, at least 35% of the non-administrative allocation should be targeted to benefit households with incomes less than or equal to 50% AMI.
(I) Activity Delivery Costs: Administrative costs directly associated with the activity of acquisition are limited to 15% of the hard costs required to acquire the property.
(J) Program Income: Any program income generated through the Acquisition and Rehabilitation activity must be returned to the Department.
(K) Benchmarks: The performance under the contract will be evaluated according to the following benchmarks counting from the start date of the contract with the Department:
(i) Three (3) months:
(I) Environmental assessment complete and submitted to Department for review.
(ii) Six (6) months:
(I) Properties identified and earnest money contracts have been initiated pending site-specific environmental clearance.
(iii) Twelve (12) months:
(I) Homebuyer counseling requirement met for all NSP-assisted homebuyers.
(II) All loans closed.
(iv) Twenty-four (24) months:
(I) Properties resold and 100% repayment made to the NSP.
(L) Activity Delivery Cost Limits: Activity Delivery costs for acquisition only will be limited to 15% of the NSP non-administrative costs per housing unit or property however acquisition with rehabilitation will be limited to 20% of the NSP non-administrative costs per housing unit or property.
(c) Land Bank. A land bank is a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, manage temporarily, and dispose of properties for the purpose of stabilizing neighborhoods and encouraging reuse or redevelopment of the properties.
Activity Type: "NSP Eligible Use (C) Establish land banks for home and residential properties that have been foreclosed upon."
CDBG Eligible Activities: 24 CFR §570.201(a) Acquisition, and (b) Disposition.
(A) The Department shall accept applications under this NOFA from qualified Applicants to establish local land banks to assemble, manage temporarily, and dispose of home and residential properties that have been foreclosed upon. HUD has limited the types of properties that may be acquired using land bank funding in the following manner:
(i) Properties must be located within an area with an AMI of 120% or less;
(ii) Acquired properties must have been foreclosed upon through a legal proceeding under Texas state law, which includes, but is not limited to tax foreclosures and financial foreclosures;
(iii) Properties to be acquired must be located within a defined service area, as defined by the Applicant according to the requirements in the Texas NSP Application;
(iv) Vacant land may not be acquired. Properties to be acquired must have a foreclosed upon home; however, it is permissible for acquired homes to be subsequently demolished and remain in the land bank.
(B) Land bank funding may only be used to acquire and dispose of eligible properties. NSP funds may also be used for basic, reasonable maintenance intended to stabilize the property and for the temporary management of the property which includes maintenance, assembly facilitating the redevelopment of and marketing of land banked properties. If the land bank is a governmental entity, it may also maintain foreclosed property that it does not own provided that it charges the owner of the property the full cost of the service or places a lien on the property for the full cost of the service.
(C) For the purposes of land bank activities in the NSP, a land back acquires foreclosed properties that do not have a designated specific, eligible redevelopment use in accordance with NSP requirements. However, simply holding property off of the local real estate market is not considered sufficient to stabilize most neighborhoods. Therefore, an NSP land bank may only hold the property up to ten years before it obligates (commits through a contract) the property to an eligible NSP use.
(D) TSAHC NOFA: The Department shall contract with the Texas State Affordable Housing Corporation (the "TSAHC") to administer approximately $5 million to establish and operate a statewide affordable housing land bank. The TSAHC land bank will provide a unique opportunity for eligible entities that have identified land banking as an NSP Eligible Use to stem the decline of residential property values in their communities but lack the capacity or desire to administer a land bank on their own in a contractual relationship with the Department. TSAHC will release a Request for Proposals (RFP) after the publication of this NOFA and after a grant agreement with the Department has been executed.
(i) The TSHCA RFP will be open to units of local government and qualified nonprofit organizations on a renewable cycle allowing applicants to apply and be awarded partnership agreements based on a first-come, first-qualified basis.
(ii) TSHAC will also oversee the development and provision of training and technical assistance activities to Applicants under this NOFA that apply for land bank funding directly from the Department. All training and technical assistance will be provided to Applicants free of charge.
(E) Program Income: Any program income received from land banking activities utilizing Texas NSP funds must be returned to the Department. Revenue received by a private individual or other entity as a result of land banking involving NSP funds must also be returned to the Department.
(F) Benchmarks: In accordance with HERA, the contract term for the Land Bank Program Activity shall not exceed ten (10) years, or until all land bank properties have been redeveloped in accordance with NSP requirements. Performance under the contract will be evaluated according to the following benchmarks:
(i) Three (3) months:
(I) Environmental Assessment complete and submitted to Department for review.
(ii) Six (6) months:
(I) Properties identified and earnest money contracts have been initiated pending site-specific environmental clearance.
(iii) Twelve (12) months:
(I) All loans closed for acquired properties.
(iv) Ten (10) years:
(I) Properties resold and 100% repayment made to the NSP.
(G) Activity Delivery Cost Limits: Activity Delivery costs for Land Bank will be limited to 20% of the NSP non-administrative costs per housing unit or property.
(d) Clearance (Removal of Blight or Demolition).
Activity Type: "NSP Eligible Use (D) Demolish Blighted Structures."
CDBG Eligible Activity: 24 CFR 570.201(d) Clearance of blighted structures only.
(A) As defined in the Amendment, this activity is anticipated to be used on a limited basis to address urbanized areas of greatest need where subrecipients can prove that blighted structures are affecting property values in the area and pose a threat to human health, safety, and public welfare. This activity cannot be utilized to target the 25% requirement for 50% AMI, but may be used in conjunction with other eligible activities. This activity is funded as a grant.
(B) Income Targeting: Benefits areas with low, moderate and middle-income persons (LMMA) as defined in the NSP Notice (≤120% of area median income).
(C) Activity Delivery Costs: Administrative costs directly associated with the activity of clearance are limited to 5% of the hard costs required to carry out the activity.
(D) Benchmarks: The performance under the contract will be evaluated according to the following benchmarks counting from the start date of the contract with the Department:
(i) Three (3) months:
(I) Environmental Assessment complete and submitted to Department for review.
(ii) Six (6) months:
(I) All properties to be demolished must be under contract for clearance or acquisition (if property is to be acquired) pending site-specific environmental clearance (if tiering methodology is used).
(II) All properties set up in contract management system.
(iii) Eighteen (18) months:
(I) 100% of Clearance activity funds drawn.
(e) Redevelopment.
Activity Type: "NSP Eligible Use (E) Redevelop Demolished or Vacant Properties."
CDBG Eligible Activities: 24 CFR §570.201(a) Acquisition, (b) Disposition, (c) Public Facilities, (e) Public Services, (i) Relocation, and (n) Homeownership Assistance (restricted).
(A) Redevelopment of demolished or vacant properties will address areas of greatest need throughout the state wherever there are large amounts of demolished or vacant properties that are contributing to declining land values. "Vacant properties" includes both vacant land and properties with vacant structures on the land; however, the properties must have been previously improved. Undeveloped or "greenfield" sites may not be acquired under "Eligible Use (E)".
(B) Eligible redevelopment activities include the new construction of housing and building infrastructure and the redevelopment of property to be used as rental housing.
(C) Specific Requirements: Three-year redevelopment loans for up to 100% financing at 0% interest serving households earning 50% or below AMI.
(D) Income Targeting: Benefit to low, moderate and middle income persons as defined in the NSP Notice (≤120% of area median income). As required in the Amendment, at least 35% of the non-administrative allocation should be targeted to benefit households with incomes less than or equal to 50% AMI.
(E) Benchmarks:
(i) Three (3) months:
(I) Environmental assessment complete and submitted to Department for review.
(ii) Six (6) months:
(I) All properties/households identified.
(II) For all properties to be acquired, earnest money contracts must have been initiated to meet HERA requirement of obligation pending site-specific environmental clearance.
(iii) Twelve (12) months:
(I) Homebuyer counseling requirement met for all NSP-assisted homebuyers.
(II) All loans to households closed.
(vi) Twenty-four (24) months:
(I) Contract 100% drawn
(v) Thirty-six (36) months:
(I) Repayment of all redevelopment loans complete.
(F) Activity Delivery Cost Limits: Activity Delivery costs for Redevelopment will be limited to 20% of the NSP non-administrative costs per housing unit or property.
(G) Program Income: Any program income generated through the Redevelopment activity must be returned to the Department.
(9) Affordability Requirements.
(a) The Texas NSP will adopt the federal program standards for continued affordability for rental housing at 24 CFR §92.252. Continued affordability requirements may apply to rental activity as a result of the activities of Financing Mechanisms, Acquisition, Land Banking and/or Redevelopment.
Figure 2. Continuing Affordability of Texas NSP Funds. (.pdf)
(b) The Texas NSP will adopt the federal program standards for homeownership assistance at 24 CFR §92.254. Affordability periods will apply to any Homeownership Assistance as a result of the activities of Financing Mechanisms, Acquisition, Land Banking and/or Redevelopment.
Figure 3. Affordability Period of Texas NSP Funds. (.pdf)
(c) The subrecipient must ensure that the HOME requirements are enforceable for any NSP-assisted activities. (Note that the affordability standards dictated by HERA are longer than those under 24 CFR §570.503 and §570.501(b). HOME requirements reflect the minimum allowable standard).
(d) If NSP funds assist a property that was previously assisted with HOME funds, but on which the affordability restrictions were terminated through foreclosure or transfer in lieu of foreclosure pursuant to 24 CFR Part 92, the HOME affordability restrictions for the greater of the remaining period of HOME affordability or the continuing affordability requirements of this notice.
(10) Loan Requirements.
(a) Single-Family Homeownership Loan Requirements. The Texas NSP will follow the Single Family Mortgage limits set under the February 2008 edition of §203(b) of the National Housing Act. Eligible entities may, with written approval of the Department, utilize as a mortgage limit the most recent 95% of Actual Median Sales for each county as promulgated by HUD.
(A) The unit assisted must be the primary residence of the homebuyer. Awarded entities may provide the NSP assistance to the qualifying homebuyer in the form of a loan or forgivable loan as a financing mechanism discussed in §8(a). A down payment of $500 will be required from all homebuyers receiving Permanent Financing through the Texas NSP; however, qualifying households will be allowed to participate in a self-help housing program, at the approval and discretion of the Department, through which a minimum number of self-help construction hours, to be specified through contract, will be allowed to substitute as "sweat equity" for the $500 down payment requirement. Affordability terms will be based on the total amount of assistance provided and in accordance with 24 CFR §92.254.
(B) Each loan to an assisted homebuyer must be payable to the Department. Each construction 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. Loan documents will be provided by the Department and must be executed prior to the commencement of any construction activities (including site clearance/demolition when performed in conjunction with an NSP Eligible Use other than Demolition).
(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) 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.
(E) Subrecipients must ensure that each NSP-assisted homebuyer who receives conventional financing from a third party obtains a mortgage loan from a lender who agrees to comply with the bank regulators' guidance for non-traditional mortgages (see, Statement on subprime Mortgage Lending issued by the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Department of the Treasury, and National Credit Union Administration). NSP-assisted homebuyers may not receive subprime mortgage loans. Compliance must be documented in the records maintained for each homebuyer.
(F) If NSP funds assist a property that was previously assisted with HOME funds, but on which the affordability restrictions were terminated through foreclosure or transfer in lieu of foreclosure pursuant to 24 CFR Part 92, the HOME affordability restrictions for the greater of the remaining period of HOME affordability or the continuing affordability requirements of this notice.
(b) Multifamily Rental Development Loan Requirements. The Texas NSP will follow the maximum per-unit subsidy amount and subsidy layering allowable under the HOME Program using §221(d)(3) limits as defined at 24 CFR §92.250.
(A) At least 20% of the assisted development must benefit households with incomes at or below 120% AMI.
(B) Award amounts are limited to available funding as limited in the application process and respective applicant pool. The minimum award may not be less than $1,000 per NSP assisted unit. The Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a feasibility criterion a 1.15 debt coverage ratio minimum. Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing When NSP 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).
(C) When Department funds will have a first lien position and funds are used for new construction and/or rehabilitation, assurance of completion of the development in the form of payment and performance bonds in the full amount of the construction contract will be required. Such assurance of completion will run to the Department as obligee and must be documented prior to closing.
(D) Properties will be restricted under a Land Use Restriction Agreement ("LURA"), or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, prohibit the discrimination of renters using Section 8 Housing Choice Vouchers, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.
(E) The Texas NSP will adopt the federal program standards for continued affordability for rental housing at 24 CFR §92.252, however, multifamily housing units may be required to adhere to a thirty-year affordability period as defined in the Texas Government Code §2306.185, which outlines State of Texas long-term affordability requirements. Units targeting households earning 50% of AMI must maintain income and rent restrictions for households at that level published by the Department.
(c) Documents Supporting Mortgage Loans.
(A) Contract Administrators must not proceed or allow a contractor to proceed with construction, including demolition, on any Activity, Project or Development without first completing the required environmental clearance procedures and Loan closing with the Department.
(B) A mortgage Loan shall be evidenced by a mortgage or deed of trust note or bond and by a mortgage that creates a lien on the housing development and on all real property that constitutes the site of or that relates to the housing development.
(C) For each Loan made for the Development of multifamily housing with funds provided to the state under the NSP program, the Department shall obtain a mortgagee's title policy in the amount of the loan. The Department may not designate a specific title insurance company to provide the mortgagee title policy or require the borrower to provide the policy from a specific title insurance company. The borrower shall select the title insurance company to close the loan and to provide the mortgagee title policy.
(D) A note or bond and a mortgage or deed of trust:
(i) must contain provisions satisfactory to the Department;
(ii) must be in a form satisfactory to the Department; and
(iii) may contain exculpatory provisions relieving the borrower or its principal from personal liability if the Department agrees.
(d) Documents Supporting Homebuyer Assistance and Rehabilitation Loans
(A) Documentation required for Homebuyer Assistance and Rehabilitation Loans. The Administrator must ensure the following documents are submitted to the Department in order to request that Loan documents be prepared for the Household:
(i) A title report or a commitment to issue a title policy not older than ninety (90) days that:
(I) evidences no tax lien, mechanic's or materialman's lien or any other restrictions or encumbrances that impair the good and marketable nature of title to the ownership interest. The title report must be a report of the property reflecting the current owner's deed vesting title, including complete deed information, grantees, grantors, execution and recording dates, recording references, and legal description, as well as all existing mortgage/deed of trust liens.
(ii) Tax certificate that evidences a current paid status, and in the case of delinquency, evidence of an approved payment plan with the taxing authority and evidence that the payment plan is current; and
(iii) Within ninety (90) days after the Loan closing date, the Administrator or Developer must submit to the Department the original recorded deed of trust and transfer of lien, if applicable. Failure to submit these documents within ninety (90) days after the Loan closing date will result in the Department withholding payment for disbursement requests.
(11) Site and Construction/Development Restrictions.
(a) Single Family Housing
(A) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with NSP 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, the housing must meet the International Residential Code or Texas Minimum Construction Standards (TMCS), as applicable, 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, Texas Government Code, and energy standards as verified by RESCHECK.
(B) If a Texas NSP assisted unit 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 assistance (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 NSP funds are used for rehabilitation the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).
(b) Multifamily Rental Housing.
(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, NSP-assisted new construction or rehabilitation must meet, as applicable, one of three model codes: Uniform Building Code (ICBO), National Building Code (BOCA), Standard (Southern) Building Code (SBCCI); or the Council of American Building Officials (CABO) one or two family code; or the Minimum Property Standards (MPS) in 24 CFR §200.925 or §200.926. To avoid duplicative inspections when Federal Housing Administration (FHA) financing is involved in a HOME-assisted property, a participating jurisdiction may rely on a Minimum Property Standards (MPS) inspection performed by a qualified person. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials.
(B) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. §§3601-3619). Additionally, pursuant to the 2009 Qualified Allocation Plan (QAP), 10 TAC §49.9(h)(4)(H), Developments involving New Construction (excluding New Construction of nonresidential buildings) where some Units are two-stories and are normally exempt from Fair Housing accessibility requirements, a minimum of 20% of each Unit type (i.e. one bedroom, two bedroom, three bedroom) must provide an accessible entry level and all common-use facilities in compliance with the Fair Housing Guidelines, and include a minimum of one bedroom and one bathroom or powder room at the entry level. A certification will be required after the Development is completed from an inspector, architect, or accessibility specialist. Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.
(C) All of the current Qualified Allocation Plan and Real Estate Analysis Rules 10 TAC §49.6, excluding subsections (d), (f), (g), and (h) apply.
(D) 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).
(E) Multifamily housing assisted with NSP funds must meet the accessibility requirements at 24 CFR, Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, and the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. §§3601-3619).
(F) All applications with multifamily housing units intended to serve persons with disabilities must adhere to the Department's Integrated Housing Rule at 10 TAC §1.15.
(G) Rental units secured though Texas NSP assistance must be inspected prior to occupancy and must comply with Housing Quality Standards (HQS) established by HUD in 24 CFR Part 92.
(H) Multifamily properties will be restricted under a Land Use Restriction Agreement ("LURA"), or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.
(c) Additional Requirements (Single and Multifamily Housing).
(A) NSP assisted new construction or rehabilitation will comply with federal lead-based paint requirements including lead screening in housing built before 1978 in accordance with 24 CFR §92.355 and 24 CFR Part 35, subparts A, B, J, K, M, and R.
(B) Davis-Bacon Labor Standards, as applicable.
(C) Affirmative Marketing. Recipients must adopt affirmative marketing policies and procedures in furtherance of Texas' commitment to non-discrimination and equal opportunity in housing. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, gender, religion, familial status or disability. Records should be maintained describing actions taken by the Administrator to affirmatively market units and assess the results of these actions.
(D) Administrators may not retain Program Income of any kind, including Program Income to fund other eligible NSP Activities and submit any Program Income received to the Department within ten (10) days of receipt. Note: Revenue for the purposes of HERA has the same meaning as program income, as defined at 24 CFR §570.500(a) with the additional modifications as defined in the Federal Register notice for NSP.
(12) Application Requirements.
(a) Direct Pool: To remain qualified for the reservation amount of a Direct Allocation, initial applications within each eligible county must be submitted within thirty (30) days of notification on the TDHCA web site that HUD has approved this Amendment. Failure to meet the deadline will result in the relinquishment of the reservation of funds. After the deadline, requests for amounts in excess of the identified Direct Allocation amount for each county will be considered based on the availability of remaining funds, on a first-come, first-served basis.
(b) Select Pool: To remain qualified for this pool of funding, initial applications within each eligible county must be submitted within thirty (30) days of notification on the TDHCA web site that HUD has approved the Amendment. The State will competitively award Select Pool funds based on the selection criteria defined in the activity described in this NOFA within thirty (30) days from the application deadline. Failure to meet the deadline will result in the relinquishment of eligibility. After the deadline, requests for amounts in excess of $500,000 for each county will be considered based on the availability of remaining funds and the score and ranking of the applicant's submission.
(c) Applicants may request more funding than initially reserved in this NOFA; however, the Department reserves the right to recommend those additional funds in accordance with Department processes, which may delay award. After the first thirty (30) days of the application period, all remaining reserved or unallocated funds in the NOFA will be made available to unfunded requests under Department review, by application pool. After one hundred and twenty (120) days after the opening of the application period, all remaining funds that have not been requested under the NOFA will be distributed by the Department in accordance with NSP federal program guidelines.
(d) Eligible applicants within the county should coordinate to ensure that their proposals consistently address the needs in their communities and do not duplicate the needs identified for each county. Duplication of requests for a county will delay the allocation agreement for a community and could result in a reduced amount of time available for applicants to contract for specific acquisitions. If needed, the State will allocate not less than $500,000 to multiple entities based on their proportionate need and the county's available direct allocation amount.
(e) Selection Criteria and Priorities: The State of Texas has established the priorities and scoring described below that will be used in the application review process. While the criteria are important to demonstrate a successful proposal, the scoring structure was designed to ensure that the State complies with the HUD Notice designed to prioritize areas of greatest need, meets applicable CDBG regulations, and effectively spends the funds:
(A) Maximum Total Score = 100 Points
(i) Greatest Need (50 Points)
(ii) Neighborhood Stabilization (20 Points)
(iii) Low-Income Households (20 Points)
(iv) Partnerships & Coordination (10 Points)
(B) Greatest Need (50 Points): The State will give priority to proposals that address the greatest need as represented on Exhibit 1; a higher Need Score indicates greater need. If an applicant has locally available, verifiable data that documents a greater need than established in the Amendment, it may be submitted. Controvertible date may include but is not limited to local data sources such as local financial institution data or local government records or a subset (smaller than county-level) of a national data source such as U.S. Postal Service data. Source documentation for all controvertible data is required. Certifications will be required for primary source data submissions. Finally, the controvertible data submission must calculate a higher score than the State's proposal by utilizing the formulas and methodology as published in the Amendment. The State will consult with HUD to determine whether the alternate data source is acceptable by HUD standards.
(C) Neighborhood Stabilization (20 Points): A narrative description that defines NSP-funded activities and meets the program's mission to alleviate distress of housing foreclosure and abandonment of properties caused by problematic mortgage lending activities. Priority will be given to applications which identify specific properties for eligible activities or provide a list of households to be assisted.
(D) Assistance to Low-Income Households at or Below 50% AMI (20 Points): In order to emphasize affordability for households at or below 50% of the area median income (AMI), the State will give priority to proposals that will serve persons in this income category beyond the Texas NSP minimum allocation wide requirement of 35% for non-land bank activities. Proposal scores will be prorated according to the additional percentage of funds that will benefit households at or below 50% AMI.
(E) Partnerships & Coordination (10 Points): The State will give priority to those applicants that demonstrate effective cooperation in addressing needs by providing evidence of capacity, communication and planning with other entities in the area to be served. This priority will include proposals submitted by city and county governments, nonprofits and regional efforts to efficiently manage NSP funds. The applicant must demonstrate a strong management role in the program delivery.
(f) Acquisitions & Relocation: It is estimated that most properties will be vacant, but previously improved, abandoned and foreclosed; it is not anticipated that relocation will occur. However, the Texas NSP will require adherence to the guidelines set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24).
(g) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, acknowledgement of NSP as a reimbursement program, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If submission of a resolution is prohibitive at the time of application submission due to the time constraints of the NSP, a letter of intent from the chief elected official or the Chief Executive Officer of the applicant will suffice for the purposes of an application. A resolution conforming to the requirements herein will be required prior to contract execution.
(13) Review Process.
(a) Each application will be assigned a "received date" based on the date and time it is physically received by the Division. Then each application will be reviewed on its own merits, as applicable. Applications will continue to be prioritized for funding based on their competitive scoring or "received date", depending on allocation. Applications will be reviewed for applicant and activity eligibility, and threshold criteria as described in this NOFA.
(b) The Department will ensure review of materials required under the NOFA and Program Guide and will issue a notice of any Administrative Deficiencies within ten (10) business days of the received date. Administrative deficiencies are omissions, inaccuracies or incomplete information on the application that can be readily corrected. Applications with Administrative Deficiencies not cured within a subsequent ten (10) 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 Selection Committee.
(c) If a submitted Application has an entire section of the application missing; has excessive omissions of documentation from the Selection Criteria or required 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. To the extent that a review was able to be performed, specific reasons for the Department's determination of ineligibility will be included in the termination letter to the Applicant.
(d) 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.
(e) 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.
(f) 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.
(g) In accordance with §2306.082, Texas Government Code and 10 TAC §1.17, 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.
(h) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.
(i) Eligible applicants within the county should coordinate to ensure that their proposals consistently address the needs in their communities and do not duplicate the needs identified for each county. Duplication of requests for a county will delay the allocation agreement for a community and could result in a reduced amount of time available for applicants to contract for specific acquisitions. In the application, applicants are required to identify:
(A) The geographic neighborhoods and communities targeted for Texas NSP funds within their jurisdiction;
(B) The Texas NSP eligible activities proposed to meet the specific needs in each area; and
(C) The strategy for maximum revitalization and impact of funds.
(14) Application Submission.
(a) All applications submitted for the Direct Pool under this NOFA must be received on or before 5:00 p.m. on Monday April 27, 2009, regardless of method of delivery.
(b) All applications submitted for the Select Pool under this NOFA must be received on or before 5:00 p.m. on Monday April 27, 2009, regardless of method of delivery.
(c) 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. Questions regarding this NOFA should be addressed to:
Texas Department of Housing and Community Affairs
221 E. 11th Street
Austin, Texas 78701
Telephone: (512) 463-8921
E-mail: robb.stevenson@tdhca.state.tx.us.
(d) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.
(e) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy on a disc of the Application materials as detailed in the Program Guide. All scanned copies must be scanned in accordance with the guidance provided in the Program.
(f) All Application materials will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the 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.
(g) This NOFA does not include text of the various applicable regulatory provisions that may be important to the NSP Program. For proper completion of the application, the Department strongly encourages potential applicants to review the State and Federal regulations, and contact the NSP Division for guidance and assistance.
(h) Application Workshop: the Department will present an application workshop in Austin, Texas on a date to be determined. The workshop will address information such as the Application preparation and submission requirements, evaluation criteria, state and federal program information, and environmental requirements. 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:
Texas Department of Housing and Community Affairs
Attn: Neighborhood Stabilization Program
221 East 11th Street
Austin, TX 78701-2410
or,
via the U.S. Postal Service to:
Texas Department of Housing and Community Affairs
Attn: Neighborhood Stabilization Program
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 administration of the Neighborhood Stabilization Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.
Figure 4: Exhibit 1. Texas Neighborhood Stabilization Program County Need Score. (.pdf)
Figure 5: Texas NSP Activity and Funding Timeline.(.pdf)
TRD-200901133
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 18, 2009
Application for admission to the State of Texas by TRI-STATE INSURANCE COMPANY OF MINNESOTA, a foreign fire and casualty company. The home office is in Luverne, Minnesota.
Application to do business in the State of Texas by NORTH AMERICA DENTAL PLANS, INC., a domestic Health Maintenance Organization. The home office is in Austin, Texas.
Application for admission to the State of Texas by ECHELON PROPERTY & CASUALTY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Chicago, Illinois.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200901132
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 18, 2009
The Texas Department of Insurance adopted amendments to 28 TAC Chapter 3, Subchapter Y, including §3.3842, concerning Appropriateness of Recommended Purchase, in the January 30, 2009, issue of the Texas Register (34 TexReg 599). Figure: 28 TAC §3.3842(i)(7) entitled "Things You Should Know Before You Buy Long-Term Care Insurance" was published in the Tables & Graphics portion of the issue. The toll-free phone number that appears in the first box of the table on page 721 is incorrect. The corrected wording is as follows:
• The Texas Health Information Counseling and Advocacy Program (HICAP) offers free one-to-one counseling services, concerning whether a long-term care insurance is a suitable option for you, that can be accessed through the toll free number 1-800-252-9240. For insurance agent, insurance company and any other long-term care insurance information, you may call the Consumer Help Line of the Texas Department of Insurance at 1-800-252-3439.
The corrected Figure: 28 TAC §3.3842(i)(7) is published in the Texas Administrative Code.
TRD-200901119
The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.
Application of TPA SYSTEMS, INC., a domestic third party administrator. The home office is HOUSTON, TEXAS.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200901128
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 18, 2009
Instant Game Number 1192 "Jingle Jumbo Bucks"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1192 is "JINGLE JUMBO BUCKS". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1192 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 1192.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, WREATH SYMBOL, $10.00, $20.00, $25.00, $50.00, $100, $500, $1,000, $2,500 and $100,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1192 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100, $200 or $500.
H. High-Tier Prize - A prize of $1,000, $2,500 or $100,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1192), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 1192-0000001-001.
K Pack - A pack of "JINGLE JUMBO BUCKS" Instant Game tickets contains 050 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both be exposed.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JINGLE JUMBO BUCKS" Instant Game No. 1192 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "JINGLE JUMBO BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the JINGLE NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "WREATH" play symbol, the player wins the PRIZE shown for that symbol instantly! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "WREATH" (auto win) play symbol will only appear once on a ticket.
C. No more than four (4) matching non-winning prize symbols will appear on a ticket.
D. No duplicate JINGLE NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "JINGLE JUMBO BUCKS" Instant Game prize of $10.00, $20.00, $50.00, $100, $200, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "JINGLE JUMBO BUCKS" Instant Game prize of $1,000, $2,500 or $100,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "JINGLE JUMBO BUCKS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "JINGLE JUMBO BUCKS" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "JINGLE JUMBO BUCKS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 1192. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1192 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1192, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.
TRD-200901084
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 16, 2009
Pursuant to the provisions of Texas Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the December 19, 2008, issue of the Texas Register (33 TexReg 10380). The selected consultant will perform technical and professional work for the University of North Texas-Dallas Area Context Sensitive Transportation Study.
The consultant selected for this project is Kimley-Horn and Associates, 2201 West Royal Lane, Suite 275, Irving, Texas 75063. The maximum amount of this contract is $125,000.
TRD-200901054
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: March 12, 2009
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on March 10, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Northland Cable Television, Inc. for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36786 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the removal of the municipal boundaries of the City of Wortham, Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 36786.
TRD-200901081
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 16, 2009
The Public Utility Commission of Texas received an application on March 13, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36797 before the Public Utility Commission of Texas.
The requested amended CFA service area includes expanding the service area footprint to include the City Limits of Beaumont and Bridge City, Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 36797.
TRD-200901122
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2009
The Public Utility Commission of Texas received an application on March 12, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Friendship Cable of Texas, Inc. d/b/a Suddenlink Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36795 before the Public Utility Commission of Texas.
The requested amended CFA service area includes expanding the service area footprint to include the City Limits of Olney, Texas.
Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 36795.
TRD-200901121
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2009
The Public Utility Commission of Texas repealed and adopted new 16 TAC §25.475 in the March 13, 2009, issue of the Texas Register (34 TexReg 1806). New §25.475, General Retail Electric Provider Requirements and Information Disclosures to Residential and Small Commercial Customers, includes a pricing chart at subsection (g)(6). Figure: 16 TAC §25.475(g)(6) appears on pages 1886 and 1887 in the Tables & Graphics portion of the issue. There are two errors in the graphic the agency submitted for publication. The final letter "o" was inadvertently included at the end of the table and the last line was omitted.
The last two lines of the table should read as follows:
Contact info, certification number, version number
Additional information may be added below.
The corrected version of Figure: 16 TAC §25.475(g)(6) is published in the Texas Administrative Code.
TRD-200901112
Notice is given to the public of an application for sale, transfer, or merger filed with the Public Utility Commission of Texas on March 11, 2009, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED, §14.101 and §37.154 (Vernon 2007 & Supplement 2008) (PURA).
Docket Style and Number: Application of South Texas Electric Cooperative, Inc. for Sale, Transfer, or Merger of Magic Valley Electric Cooperative, Inc., Docket Number 36790.
The Application: This transaction involves the transfer of ownership responsibilities from Magic Valley Electric Cooperative, Inc. (MVEC) to South Texas Electric Cooperative, Inc. (STEC) for all transmission line, switching station, and step down substation assets, including associated property rights, communications equipment, control buildings, and any other equipment installed for the operation and maintenance of transmission line and station equipment. The transaction does not include the transfer of certificated facilities. No distribution service territories are affected by the transfer and no MVEC distribution line or "down-line" distribution equipment is being transferred.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36790.
TRD-200901080
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 16, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 13, 2009, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of one thousand-block of numbers in the Pittsburg rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 36798.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
Persons who wish 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 April 1, 2009. 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 36798.
TRD-200901123
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on March 12, 2009, to amend a certificate of convenience and necessity for a proposed transmission line in Menard County, Texas.
Docket Style and Number: Application of American Electric Power Texas North Company to Amend its Certificate of Convenience and Necessity for a Proposed 69 kV and 138 kV Transmission Line Project in Menard County, Texas, Docket Number 36210.
The Application: The application of American Electric Power Texas North Company (AEP TNC) for a proposed transmission line project is necessary to allow the rerouting of existing transmission lines into the newly constructed Yellowjacket substation. The new Yellowjacket substation has been completed and is located on the west side of U.S. Business Highway 83 near the intersection of Pine and Cypress streets in Menard, Texas. The planned retirement of the old Menard substation results in the need to re-route the existing transmission lines into the new Yellowjacket substation. The estimated date to energize facilities is March 1, 2011. The estimated cost is approximately $1,158,333.
Persons wishing to intervene or 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. The deadline for intervention in this proceeding is April 27, 2009. 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 36210.
TRD-200901120
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2009
Notice is given to the public of an application for review of the proposed amendments to two nuclear decommissioning master trust agreements for Units 1 and 2 of the South Texas Project Electric Generating Station filed with the Public Utility Commission of Texas on March 12, 2009, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §§14.001, 14.002, 39.205 (Vernon 2007 & Supplement 2008) (PURA) and Public Utility Commission Substantive Rule §25.303.
Docket Style and Number: Request of NRG South Texas LP for Review of Proposed Amended Nuclear Decommissioning Trust Agreements, Docket Number 36796.
The Application: NRG South Texas LP (NRG) filed a request for commission review of the proposed amendments to its two nuclear decommissioning master trust agreements for Units 1 and 2 of the South Texas Project Electric Generating Station (STP). NRG maintains a 30.8% Trust Agreement and a 13.2% Trust Agreement (STP Trust Agreements) related to its 44.0% ownership interest in STP Units 1 and 2. In the commission's October 10, 2008 final order in Docket Number 35772, the commission approved review of the cost of decommissioning STP Units 1 and 2 and approved the requested revised annual funding amounts for each of the decommissioning trusts. As part of the final order, the commission also approved the creation of new spent fuel management subaccounts within each of the NRG Trust Agreements. As a result of that final order, NRG will allocate a specific portion of the existing and future funds in each of the NRG STP nuclear decommissioning trusts to the newly created spent fuel management subaccounts related to Units 1 and 2 within each trust. The subaccounts would allow for the accumulation of segregated funds that could be used to pay for the pre-shutdown disposal of the components.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing-and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36796.
TRD-200901082
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 16, 2009
A facilitated meeting is scheduled for Wednesday, April 29, 2009, at 9:00 a.m. The purpose of this project is to develop a method for the distribution of in-home-monitors for eligible low-income customers pursuant to the Final Order in Docket Number 35718, Oncor Electric Delivery Company, LLC's Request for Approval of Advanced Metering System (AMS) Deployment Plan and Request for Advanced Metering System (AMS) Surcharge. At this meeting, Oncor will provide its pilot project solution for distribution of in-home-monitors to low income customers. Meeting documents from previous meetings are located on the project web page at: http://www.puc.state.tx.us/electric/projects/36234/36234.cfm
These workshops will be held in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 36234 has been established for this proceeding.
Questions concerning the workshops or this notice should be referred to Christine Wright, Competitive Markets Division, at (512) 936-7376. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200901127
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2009
The Public Utility Commission of Texas (commission) has initiated a new project to review its rules relating to tariff filings of telecommunications utilities as set out in Public Utility Regulatory Act §52.251. Project Number 36622, Rulemaking to Amend Tariff Filing Requirements for Telecommunications Utilities, has been established for this proceeding. The commission requests that interested persons file comments in response to the following questions:
1. Does PURA §52.251, or any other PURA provision, authorize the commission to allow telecommunications utilities to incorporate by reference rates for tariff filings of telecommunications utilities? Please reference and discuss all applicable PURA provisions.
2. If PURA §52.251 does permit rates to be incorporated by reference in tariff filings of telecommunications utilities:
(a) Please list all commission rule(s) that would need to be amended to allow incorporation by reference;
(b) Please state whether "filing" would need to be defined in commission rules in order to allow incorporation by reference pursuant to PURA §52.251;
(c) Please state the type(s) of tariff filings for which incorporation by reference may be appropriate;
(d) Please describe any limitations that should be placed on incorporation by reference pursuant to PURA §52.251;
(e) Please explain how the commission could ensure that it is able to maintain rates on file at the commission if rates are permitted to be incorporated by reference in tariff filings;
(f) Should only certain sources of information be permitted when accepting rates incorporated by reference into a tariff filing and, if so, what sources should be considered acceptable?
Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by April 17, 2009, 21 days after the date of publication of this notice. All responses should reference Project Number 36622.
Questions concerning this notice should be referred to Shelah Cisneros, Legal Division, at (512) 936-7265 or shelah.cisneros@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200901124
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 18, 2009
Request for Proposals (RFP): RFQ01 FPC-09-002
The Texas A&M University System is seeking submittals from interested vendors who specialize in providing asbestos consulting services, including program design and air monitoring, of superior quality, under the direction of Facilities Planning and Construction, for the removal of any Asbestos Containing Building Materials (ACBM) consistent with the delivery process as utilized by The Texas A&M University System for various construction projects located throughout the A&M System.
The RFQ documentation may be obtained by contacting: Don Barwick, HUB & Procurement Manager, System Office of HUB & Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste 1273, College Station, Texas 77845 or e-mail at dbarwick@tamu.edu.
The A&M System will base its choice on demonstrated competence, knowledge, and qualifications for the services; and, if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Proposals must be received on or before 2:00 p.m. CDT on April 14, 2009.
TRD-200901097
Don Barwick
HUB and Procurement Manager
The Texas A&M University System
Filed: March 16, 2009
RFP 9-0010 Enrollment Management Consultant
Tarleton State University is accepting submissions and intends to enter into an Agreement with a nationally recognized enrollment management consulting company who has significant experience with Texas public higher education that will assist in the development of a comprehensive enrollment management plan
The RFP document may be obtained by contacting: Beth Chandler, Director of Purchasing, Tarleton State University, Box T-0600, Stephenville, TX 76402 or e-mail at chandle@tarleton.edu.
This review is required for Tarleton to strengthen its position as a provider of quality programs by seeking council from enrollment management professionals who will aid Tarleton in exploring opportunities to sustain overall enrollment growth by conducting enrollment opportunity analysis, immediate, short and long term enrollment planning, institutional image, competitive position analysis, branding strategies, and retention strategies.
Tarleton State University will base its choice on demonstrated competence, knowledge, and qualifications on the reasonableness of the proposed fee for the services; and if other considerations are equal give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Proposals must be received on or before 3:00 p.m. CDT on May 5, 2009.
TRD-200901115
Donna Harrell
Buyer
The Texas A&M University System
Filed: March 18, 2009
Notice of Release of Request for Proposals
On March 17, 2009, Workforce Solutions Brazos Valley Board (WSBVB) will release a Request for Proposals (RFP) for WIA Youth Training Programs Including Summer Youth Stimulus Funding for Youth Age 14 - 24 Years. The proposal requirements are contained in the Request for Proposal which may be viewed and printed online at www.bvjobs.org. The Board is seeking one or more contractors to provide the requested services.
Due Date: An original and four copies of a written proposal are due to the Board's offices no later than 4:00 p.m. on April 9, 2009. No proposals will be accepted after this deadline.
Proposals may be hand delivered to:
Richard Rogers, Consultant
Workforce Solutions Brazos Valley Board
3991 East 29th Street
Bryan, Texas 77802
Attention: WIA Youth Training Programs RFP Response
Proposals may be mailed to:
Richard Rogers, Consultant
Workforce Solutions Brazos Valley Board
P.O. Box 4128
Bryan, Texas 77805
Attention: WIA Youth Training Programs RFP Response
Potential respondents may pose written questions concerning this RFP by e-mail. Contact Richard Rogers, Consultant at Richard@swtexas.net. No questions will be accepted after March 25, 2009. A bidders conference will be held on March 24, 2009 at 1:00 p.m. at 3991 East 29th Street in Bryan, Texas. The contact person for this RFP is Richard Rogers (512) 963-4895.
TRD-200901077
Tom Wilkinson
Executive Director
Workforce Solutions Brazos Valley Board
Filed: March 13, 2009