Request for Proposals: GO TEXAN Partner Program

Pursuant to the Texas Agriculture Code, §§46.001-46.013, relating to the GO TEXAN Partner Program, and 4 Texas Administrative Code §§17.300-17.310, the Texas Department of Agriculture (the department) hereby requests proposals for GO TEXAN Partner Program projects for the period of September 1, 2001 through August 31, 2003. The GO TEXAN Partner Program is a dollar-per-dollar matching fund promotion program designed to increase consumer awareness of Texas agricultural products and expand the markets for Texas agricultural products by developing a general promotional campaign for Texas agricultural products and advertising campaigns for specific Texas agricultural products based on project requests submitted by successful applicants.

Eligibility . An eligible applicant must be a state or regional organization or board that promotes the marketing and sale of Texas agricultural products and does not stand to profit directly from specific sales of agricultural commodities, a cooperative organization, as defined by 4 Texas Administrative Code §17.301, a state agency or board that promotes the marketing and sale of Texas agricultural products, a small business, as defined by 4 Texas Administrative Code §17.301, or any other entity that promotes the marketing and sale of Texas agricultural products. For purposes of this section, the department has the sole discretion to determine whether an entity meets program eligibility requirements.

Proposal Requirements . To be eligible for participation in the program through the use of matching funds under this program, an applicant must be a member of the GO TEXAN program in good standing, be an eligible applicant under program rules, prepare and submit a project request in accordance with program rules, submit a sworn affidavit certifying that applicant is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code and will notify the department of status change, submit a sworn affidavit disclosing any existing or potential conflict of interest relative to the evaluation of the project plan by the GO TEXAN Partner Program Advisory Board and acknowledge that applicant will notify the department of status change, and submit to the department, within ten business days after receiving written notification of board approval of the project request, cash matching funds as specified in the project request and in accordance with the GO TEXAN Partner Program rules.

Each project request submitted by an eligible applicant must describe the advertising or other market-oriented promotional activities to be carried out using matching funds and must include a cover page including the name, title, and address of applicant; a table of contents; an abstract of approximately 200 words or less, on one page, including the title, if any, a brief description of the project, project plan and methodology, and expected contribution to further or enhance the GO TEXAN Program; a detailed specific narrative or factual description of the project; anticipated benefits to a specific region of the state, to specific commodities; any preliminary market research and sales percent increases to be achieved as a result of the project; a biography of the applicant; a description of the business entity; a detailed project budget including specific dollar amounts for all potential costs; a description of how anticipated sales increases due to implementation of the projects will be quantified and reported to the department and a completed creative blueprint on a form provided by the department. Please send one original with ten additional copies.

All approved projects must be completed by August 31, 2003, or the date specified in the project contract, whichever is earlier. All approved projects will be subject to audit and periodic reporting requirements.

Proposals should be submitted to: Debbie Wall, Funding Coordinator for Marketing and Promotion, Texas Department of Agriculture, 1700 North Congress Avenue, 10th Floor, Austin, Texas 78701. Ms. Wall may be contacted by telephone at (512) 463-7731 or by fax at (512) 463-7483 for additional information about preparing the proposal. Proposals will be accepted by the department on a continuous basis until all available funds are depleted.

All qualifying proposals will be evaluated by the GO TEXAN Partner Program Advisory Board appointed by the Commissioner of Agriculture. This panel consists of representatives from the following: the Texas Department of Agriculture, radio media, print media, television media, advertising, higher education, United States Department of Agriculture Commodity Credit Corporation (non-voting), Internet website or electronic commerce industry, the field of economic analysis, and a consumer representative. Proposals will be selected for funding on a competitive basis. Preference will be given to project requests that are unique in nature and avoid duplication with other project requests that are being funded by the department. Only project requests that further or enhance the department's GO TEXAN Program and are submitted by applicants who are physically located in Texas or who have their principal place of business in Texas will be funded. The announcement of the grant awards will be made at Advisory Board meetings held at least once quarterly.

TRD-200103642

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: June 27, 2001

Texas Bond Review Board

Biweekly Report of the 2001 Private Activity Bond Allocation Program

The information that follows is a report of the 2001 Private Activity Bond Allocation Program for the period of June 9, 2001 through June 22, 2001.

Total amount of state ceiling remaining unreserved for the $325,809,688 subceiling for qualified mortgage bonds under the Act as of June 22, 2001: $116,746,244.50

Total amount of state ceiling remaining unreserved for the $143,356,262 subceiling for state-voted issue bonds under the Act as of June 22, 2001: $143,356,262

Total amount of state ceiling remaining unreserved for the $97,742,906 subceiling for qualified small issue bonds under the Act as of June 22, 2001: $88,242,906

Total amount of state ceiling remaining unreserved for the $215,034,394 subceiling for residential rental project bonds under the Act as of June 22, 2001: $1,050,394

Total amount of state ceiling remaining unreserved for the $136,840,069 subceiling for student loans bonds under the Act as of June 22, 2001: $69

Total amount of state ceiling remaining unreserved for the $384,455,431 subceiling for all other issue bonds under the Act as of June 22, 2001: $250,431

Total amount of the $1,303,238,750 state ceiling remaining unreserved under the Act as of June 22, 2001: $350,046,306.50

Following is a comprehensive listing of applications, which have received a Certificate of Reservation pursuant to the Act from June 9, 2001 through June 22, 2001:

1) Issuer: Cass County IDC

User: International Paper Co.

Description: All Other Issue--Domino, Texas

Amount: $3,000,000

2) Issuer: Houston HFC

User: Park Row Apartments

Description: Multifamily Residential Rental Project--Park Row Apts.

Amount: $9,549,000

Following is a comprehensive listing of applications, which have issued and delivered the bonds and received a Certificate of Allocation pursuant to the Act from June 9, 2001 through June 22, 2001:

1) Issuer: Montgomery County HFC

Description: Single Family Mortgage Revenue Bonds

Amount: $18,060,750

2) Issuer: Galveston HFC

Description: Single Family Mortgage Revenue Bonds

Amount: $5,235,000

3) Issuer: Midland County HFC

Description: Single Family Mortgage Revenue Bonds

Amount: $10,495,000

4) Issuer: Austin HFC

User: Arbors Creekside LLC

Description: Multifamily Residential Rental Project--The Arbors at Creekside Apts.

Amount: $8,600,000

5) Issuer: Austin HFC

Description: Single Family Mortgage Credit Certificates

Amount: $23,000,000

For a more comprehensive and up-to-date summary of the 2001 Private Activity Bond Allocation Program, please visit the website (www.brb.state.tx.us). If you have any questions or comments, please contact Steve Alvarez, Program Administrator, at (512) 475-4803 or via email at alvarez@brb.state.tx.us.

TRD-200103614

Steve Alvarez

Program Administrator

Texas Bond Review Board

Filed: June 25, 2001

Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of June 15, 2001, through June 21, 2001. The public comment period for these projects will close at 5:00 p.m. on July 30, 2001.

FEDERAL AGENCY ACTIONS:

Applicant: P & T Properties; Location: The project is located between Terramar Beach and Bay Harbor subdivisions on Galveston Island in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Sea Isle, Texas. Approximate UTM Coordinates: Zone 15; Easting: 299380; Northing: 3224180. CCC Project No.: 01-0195-F1; Description of Proposed Action: The applicant proposes to fill approximately 0.25 acres of tidally influenced wetlands in order to construct a culverted access road for two proposed single-family dwellings on the 56.4-acre tract of land. The applicant proposes to scrape down 0.25 acres of an old dredged material containment berm on the northwest portion of his property and allow this area to revegetate naturally to compensate for the impacts to wetlands. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: Sullivan Land & Cattle Company; Location: The project is located at an existing boat basin at 5810 Harborside Drive on Galveston Island in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Galveston, Texas. Approximate UTM Coordinates: Zone 15; Easting: 321600; Northing: 3242400. CCC Project No.: 01-0222-F1; Description of Proposed Action: The applicant proposes to modify his existing permit by changing the design and use of his existing marine facility. The applicant proposes to construct a breakwater, a 185-slip marina, attendant features, a travel-lift, a 272 berth dry stack building and a floating fuel facility. The original permit work for the basin has been completed but the access channel has not been deepened to the authorized depth at this time. The applicant has an upland disposal site on his property that will be used to contain the dredge material. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Richard Lane; Location: The project is located in Aransas Bay at 168 Front Street, Lot 26, east of Lamar, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled St. Charles Bay, Texas. Approximate UTM Coordinates: Zone 14; Easting: 697800; Northing: 3112950. CCC Project No.: 01-0223-F1; Description of Proposed Action: The applicant proposes to modify Permit 19313 to include access for golf carts and wheelchairs and to authorize additional structures. The pier width would be increased from 4-feet wide to 6-feet wide. To widen the pier, the existing east row of pilings would remain in place. Damaged pilings would be replaced. In wetland areas the pilings would be set into holes dug by a post-hole digger instead of hand-jetting them into place. Soil removed from the holes would be hauled to an upland location. For safety purposes, the applicant proposes reducing the spacing between deck boards from 1-inch to 1/4 inch. Because of the wetlands and seagrasses currently established under the existing pier, the applicant proposes to increase the pier elevation from 4-feet Mean High Tide (MHT) to 5-foot MHT to eliminate shading impacts. Additionally the applicant proposes to add a 30-foot by 30-foot double stall boathouse. One stall would accommodate a shallow-draft fishing boat and the other would accommodate a pontoon-type deck boat for handicap usage. A 5-foot wide wheelchair ramp would be constructed from the existing pier to the boathouse walkway. The boathouse would have equipment needed to lower the wheelchair and user from the pier deck to the boathouse walkway and from the boathouse walkway to the deck boat. The applicant also proposes to construct two additional covered decks measuring 24-foot by 18-foot and 9-foot by 18-foot respectively. The smaller, nearshore structure would provide fishing access to the nearshore wetland edge and seagrass beds and the larger structure, located further offshore, would offer fishing access to the channel and wetlands across the channel. Additional structures proposed are various "fish down" steps measuring 2-foot by 4-foot with 3-foot rails. These steps would be constructed 1.5-feet below the pier deck elevation and would facilitate netting hooked fish. These steps would not be constructed over any type of vegetation. A 3-foot by 6-foot covered fish cleaning table would also be constructed. The square footage in the amended design requested totals 3,636 square feet. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Atofina Petrochemicals, Inc.; Location: The project is located at the Atofina (formerly Fina Oil & Chemical Company) refinery, 3,400-feet upstream from the State Highway 87 bridge, on the south shoreline of the Neches River in Port Arthur, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Port Arthur, Texas. Approximate UTM Coordinates: Zone 15; Easting: 415001; Northing: 3316992. CCC Project No.: 01-0224-F1; Description of Proposed Action: The applicant proposes to modify the existing permit to include maintenance dredging by mechanical means. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: Matagorda County; Location: The project is located along the Gulf Intracoastal Waterway (GIWW) adjacent to the U.S. Army Corps of Engineers (USACE) Mooring Facility 1, approximately 1-mile west of the swing bridge at the west end of Sargent Beach, Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Sargent, Texas. Approximate UTM Coordinates: Zone 15; Easting: 243040; Northing: 3184620. CCC Project No.: 01-0225-F1; Description of Proposed Action: The applicant proposes to mechanically dredge a 100-foot long access channel to the GIWW. The access channel would measure approximately 36-feet wide at the bottom of the cut and 48-feet wide at the top of the cut. The channel would be dredged to a depth of 6-feet Mean Low Tide. The dredged material would be placed on adjacent uplands located approximately 80-feet northward from the centerline of the existing unpaved road. The fill would be spread out to a depth of approximately 1 to 2-feet deep and a temporary erosion control fence would be placed around the placement area. A boat ramp, consisting of a 20-foot by 48-foot concrete apron, connected to a 40-foot by 48-foot articulating ramp would be installed at the shoreline. The applicant proposes to place 3 timber piers entirely upon the apron/ramp structure. The installation of the boat ramp would result on 0.02 acres of shoreline wetlands being filled. The construction of the proposed parking area would result in fill being deposited into 0.06 acre of wetlands. To offset the impacts to wetlands, the applicant proposes to excavate 0.08 acre of uplands located adjacent to the existing wetland. No planting is proposed within the mitigation area at this time. Since the elevation of the mitigation area is proposed at an optimal level, it is anticipated that the adjacent wetland vegetation will colonize the area. If no vegetation has established after one year, the applicant will sprig the mitigation area with the appropriate wetland species to remedy the situation. A minimum offset buffer of 5-feet would be left between the parking area and the created wetland. The proposed roadway will connect to the existing unpaved road. This unpaved road is located landward of the existing USACE rock revetment and extends to the swing bridge that crosses the GIWW at FM 457. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: Texas Department of Transportation; Location: The project is located along park Road 22 from its western terminus at Waldron Road in the Flour Bluff area to 1,740-feet east of Aquarius Drive on Padre Island. The proposed work will take place in and along the Laguna Madre adjacent to the JFK Causeway portion of Park Road 22 in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Oso Creek, Crane Islands NW, and Crane Islands SW, Texas. Approximate UTM Coordinates: Zone 14; Easting: 669000; Northing: 3061750. CCC Project No.: 01-0226-F1; Description of Proposed Action: The applicant proposes to raise the existing causeway to a minimum of +9 feet mean sea level by constructing one new bridge, replacing an existing bridge and placing fill to construct the elevated roadbed. The purpose of the project is to provide a safe evacuation route for Padre Island during high tides associated with storm activity. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: Calpine Texas Pipeline L.P.; Location: The project is located along an approximate 17 linear mile stretch, starting at a tie-in to an existing pipeline NE of Odem in San Patricio County and running SW to cross under the Nueces Bay in Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Odem, Taft and Corpus Christi, Texas. Approximate UTM Coordinates: Zone 14; Easting: 654896.50 to 655256.76; Northing: 3084597.31 to 655256.76. CCC Project No.: 01-0227-F1; Description of Proposed Action: The applicant proposes to construct a 16-inch natural gas pipeline approximately 17 miles long, beginning at a tie-in to an existing pipeline northeast of Odem in San Patricio County. It would then proceed in a southwesterly direction for approximately 13 miles to a point at which it would enter the Nueces Bay. The pipeline would extend across the bay bottom and under the Corpus Christi Ship Channel and terminate at the Corpus Christi Energy Center. The portion of the pipeline directionally drilled under the Corpus Christi Ship Channel is already authorized. As it extended inland the pipeline would traverse open cropland and continue adjacent to existing roadways. The pipeline would be installed by typical jetting and limited trenching. A portion of the route on the north shoreline would be directionally drilled to avoid sensitive habitats. One inland jurisdictional area (Peters Swale) would be directionally drilled as well. In the event that drainage ditches are encountered on the route, they would be directionally drilled using the typical cross-section diagram used for Peters Swale. The bay bottom would be restored to pre-project conditions and no filling is anticipated. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

APPLICATION FOR FEDERAL ASSISTANCE

The Coastal Impact and Assistance Program was authorized by Congress under §903 of the Commerce, State, Justice FY 2001 Appropriations Act (Act) to assist states in mitigating the impacts associated with Outer Continental Shelf (OCS) oil and gas production. Congress appropriated $150 million to the National Oceanic Atmospheric Administration (NOAA) to be allocated to Texas and six other coastal states. This money is to be used to undertake a variety of projects for protecting and restoring coastal resources and mitigating the impacts of OCS leasing and development. The Office of the Governor has directed the Texas General Land Office to coordinate with the Coastal Coordination Council (CCC) in the allocation of program funds.

Under the one-time authorization, Texas will receive approximately $26.4 million, which will be apportioned between the state and eligible coastal counties. The state's share will be approximately $17.1 million and approximately $9.2 million will be earmarked for eligible coastal counties to undertake projects for protecting and restoring coastal resources. The eighteen eligible coastal counties are Cameron, Willacy, Kenedy, Kleberg, Nueces, San Patricio, Aransas, Refugio, Victoria, Calhoun, Jackson, Matagorda, Brazoria, Galveston, Harris, Chambers, Jefferson, and Orange counties.

Texas must develop and submit to NOAA a comprehensive CIAP plan by August 31, 2001. The Land Office has worked with and collaborated with federal and local governments, and coastal agencies in the identification of projects and development of the CIAP plan. The plan is available at http://www.glo.state.tx.us/coastal/ciap/index.html from July 5-August 3.

The Texas General Land Office has prepared a draft plan for the Coastal Impact Assistance Program for submittal to NOAA for these funds. This plan has been reviewed for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the CCC and has determined that the plan is consistent with the applicable CMP goals and policies. Individual projects approved under this plan must still obtain necessary state and federal permits. These projects will be subject to individual consistency reviews, as required, as more details of these projects become available.

Please contact Ms. Leah F. Esparza at (512) 463-5310 or at leah.esparza@glo.state.tx.us if you have any questions or need additional information.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200103664

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Texas's Coastal Impact Assistance Program Plan

The Texas' Coastal Impact Assistance Program Plan is available for a 30-day public comment period on the Texas General Land Office Web site at www.glo.state.tx.us/coastal/ciap/index/html from July 5, 2001 until August 3, 2001. Please submit all comments regarding Texas' Coastal Impact Assistance Program Plan in writing to Ms. Leah F. Esparza, Texas General Land Office, Resource Management, P.O. Box 12873, Austin, Texas 78711-2873 or e-mail leah.esparza@glo.state.tx.us.

TRD-200103530

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: June 22, 2001

Comptroller of Public Accounts

Notice of Award

Notice of Awards: Pursuant to Chapters 403, 2155, and 2156, Texas Government Code and §§54.602, 54.611-618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract award.

The notice of request for proposals (RFP #120f) was published in the February 23, 2001 issue of the Texas Register at (26 TexReg 1776).

The contractors will assist the Comptroller in providing domestic large capitalization growth and core growth equity investment management services for the Texas Tomorrow Fund's portfolio.

Contracts are awarded to: Chase Investment Counsel, Corporation, 300 Preston Avenue, Suite 403, Charlottesville, Virginia 22902-5091. The total amount of the contract is based on the volume of funds invested. The contract was executed on May 29, 2001. The term of the contract is May 29, 2001 through August 31, 2004. INVESCO, INC., 400 West Market Street, Suite 2500, Louisville, Kentucky 40202. The total amount of the contract is based on the volume of funds invested. The contract was executed on June 27, 2001. The term of the contract is June 27, 2001 through August 31, 2004.

TRD-200103652

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Office of Consumer Credit Commissioner

Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to §1201.027, and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP) for Underwriter/Dealer services in connection with the Marketing of Tax Exempt Commercial Paper Notes. The successful respondent will be expected to begin performance of the contract on or about August 15, 2001. The Comptroller reserves the right, in its sole judgment and discretion, to award one or more contracts as a result of the issuance of this RFP.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., RM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on Friday, July 6, 2001, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Texas Marketplace after Friday, July 6, 2001, 2:00 p.m. (CZT).

Questions: All questions concerning the RFP must be in writing and submitted no later than Friday, July 20, 2001, 2:00 p.m. Questions must be faxed to (512) 475-0973, Attn: Thomas H. Hill, Assistant General Counsel, Contracts. On or before Tuesday, July 24, 2001, the Comptroller expects to post answers to these written questions as a revision to the Texas Marketplace notice of the issuance of this RFP. The address of the Texas Marketplace is www.marketplace.state.tx.us.

Closing Date: Proposals must be received in the Assistant General Counsel's Office at the address specified above no later than 2:00 p.m. (CZT), on Tuesday, July 31, 2001. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay no costs or any other amounts incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - July 6, 2001, 2:00 p.m. CZT; Questions Due - July 20, 2001, 2:00 p.m. CZT; Answers to Questions Posted - on or before July 24, 2001, or as soon thereafter as practical; Proposals Due - July 31, 2001, 2:00 p.m. CZT, Contract Execution - August 8, 2001, or as soon thereafter as practical; Commencement of Project Activities-August 15, 2001.

TRD-200103651

Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 27, 2001

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of July 3, 2001 - July 9, 2001 is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of July 3, 2001 - July 9, 2001 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 ³ for the period of July 1, 2001 - July 31, 2001 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by §303.005 for the period of July 1, 2001 - July 31, 2001 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

² Credit for business, commercial, investment or other similar purpose.

³ For variable rate commercial transactions only.

TRD-200103618

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Texas Department of Criminal Justice

Notice to Bidders

The Texas Youth Commission invites bids for the renovations of Marlin Orientation and Assessment Center and San Saba State School at Marlin and San Saba , Texas. The project consists of providing electronic sally ports at primary entrances to facilities. Remodel selected areas as a result of changes in area's configuration at the existing Marlin and San Saba Units, Marlin Orientation & Assessment Unit, Hwy. 6 Bypass at Industrial Park II, Marlin, Texas 76661; San Saba State School, 206 South Wallace Creek Road, San Saba, Texas 76877. The work includes, mechanical, electrical, plumbing, security electronics, structural, concrete, and steel as further shown in the Contract Documents prepared by : ROFDW Architects, Attn. Larry Janousek.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of three consecutive years of experience as a General Contractor and provide references for at least three projects within the last three years that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

All Bid must be accompanied by a Bid Guarantee in the amount of 5.0% of greatest amount bid. Bid Guarantee may be in the form of a Bid Bond or Certified Check. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $50 (non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer : ROFDW Architects, 703 McKinney, Suite 401, Dallas, Texas 75202, Attn: Larry Janousek, Phone: (214) 871-0616, FAX: (214) 954-0855.

A Pre-Bid conference will be held at 11AM at San Saba State School and 3PM at Marlin Orientation & Assessment Unit on July 12, 2001, at the times stated for the above units, at San Saba and Marlin Texas, followed by a site-visit. ATTENDANCE IS MANDATORY.

Bids will be publicly opened and read at 2PM on July 31, 2001, in the Contracts and Procurement Office Conference Room located at 2 Financial Plaza, Suite 525, Huntsville, Texas 77340, in the Westhill Mall.

The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 57.2 % of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200103633

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Summary of Other State Bidder Preference Laws

Request for Qualifications

The Texas Department of Criminal Justice - Institutional Division hereby provides notice of Request for Qualification, #696-ID-1-Q045, soliciting the qualifications of a consultant to review current criteria for assigning appropriate security levels to each TDCJ facility. The review shall include recommendations for modifications to existing policies. The consultant shall also assist in the ongoing development and implementation plans for the revision of the TDCJ security classification system. This procurement is being conducted in accordance with requirements in Chapter 2254, Subchapter B, Texas Government Code. Contract award will be made on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price.

TDCJ anticipates award of a firm fixed-price contract on or about August 10, 2001, with a completion date within 90 days after contract award.

Proposals will be accepted at the following address until 3pm, August 6, 2001.

Agency contact is Naomi Wright, Contract Administrator, TDCJ Contracts and Procurement, Two Financial Plaza, Suite. 525, Huntsville, Texas 77340, Phone (936) 437-7139, Fax (936) 437-7009. All requests for a copy of the solicitation must be in writing. Fax requests are acceptable.

TRD-200103641

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 27, 2001

General Services Commission

The General Services Commission publishes this list of other state bidder preference laws in accordance with Texas Codes Annotated, Government Code, Title 10, §2252.003, which requires the publication of a list of states which have laws or regulations regarding the award of contracts for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to nonresident bidders, together with a citation to and summary of the most recent law or regulation of each state relating to the evaluation of bids from and award of contracts to nonresident bidders.

Reciprocal Preference - The General Services Commission may award a contract to a nonresident bidder only if its bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state where the nonresident's principal place of business is located. In evaluating a bid of a nonresident bidder, an amount will be added equal to the amount a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state where the nonresident bidder's principal place of business is located. After the amount is added, an award may be made to the nonresident bidder if it is determined to have the lowest price and best bid. The amount added is for evaluation purposes only; in no event shall an amount be awarded in excess of the amount actually bid. (Title 1, T.A.C., §113.8)

ALABAMA:

Code of Alabama, Title 14, §14-7-13 (Lexis 2001) - Preference for prison-made articles or products from the Alabama Board of Corrections. Exceptions provided under §14-7-14 for articles or products produced or manufactured by the Alabama Institute for the Deaf and Blind.

Code of Alabama, Title 21, §21-2-2 (Lexis 2001) - Preference for products made or manufactured by the blind, visually handicapped, deaf or severely handicapped through the Alabama Institute for the Deaf and Blind. Preference is not applied over articles produced or manufactured by convicts in Alabama employed in industries operated or supervised by the board of corrections.

Code of Alabama, Title 39, §39-3-1 (Lexis 2001) - Preference in contracts for public works projects financed entirely by the State of Alabama to stipulate in the contract or cause to be stipulated a provision whereby the person, firm or corporation undertaking the project agrees to use materials, supplies, and products manufactured, mined, processed or otherwise produced in the United States or its territories.

Code of Alabama, Title 39 §39-3-5 (Lexis 2001) - Preference to resident contractors in tie bids for public contracts in which any state county or municipal funds are utilized.

Reciprocal preference is applied to nonresident contractors in the letting of public contracts. A nonresident contractor is defined in §39-2-12 as a contractor who is neither organized and existing under the laws of the State of Alabama, nor maintains its principal place of business in the State of Alabama.

Code of Alabama, Title 41, §41-16-20 (Lexis 2001) - With the exception of public works contracts, a five percent (5%) preference is applied in all contracts of whatever nature for labor, services, work, or for the purchase or lease of materials, equipment, supplies, or other personal property, involving seven thousand five hundred dollars ($7,500) or more to a person, firm or corporation who (1) produces or manufactures the product within the State of Alabama; (2) has an assembly plant or distribution facility for the product within the State of Alabama; and (3) is organized for business under the applicable laws of the State of Alabama as a corporation, partnership, or professional association and has maintained at least one retail outlet or service center for the product or service within the State of Alabama for not less than one year prior to the deadline date of the competitive bid.

Code of Alabama, Title 41, §41-16-27 (Lexis 2001) - Contractual services and purchases of personal property regarding the athletic department, food services and transit services negotiated on behalf of two-year and four-year colleges and universities may be awarded without competitive bid and preference given to an Alabama business entity (a sole proprietorship, partnership or corporation organized in the State of Alabama). Preference to an Alabama business entity does not apply if the product or service is supplied by a foreign corporation is substantially different or superior to the product or service supplied by the Alabama business entity.

Code of Alabama, Title 41, §41-16-57 (Lexis 2001) - Preference in tie bids for commodities produced in Alabama or sold by Alabama persons, firms, or corporations in the purchase of or contract for personal property or contractual services.

ALASKA:

Alaska Statutes, §36.15.010 (Lexis 2001) - Preference for use of only timber, lumber and manufactured lumber products originating in Alaska from local forests to be used in projects financed by state money.

Alaska Statutes, §36.15.050 (Lexis 2001) - A seven percent (7%) preference for agricultural products harvested in the state of Alaska and for fisheries products harvested or processed within the jurisdiction of the State of Alaska when purchased by the state or by a school district that receives state money.

Alaska Statutes §36.30.170(b) (Lexis 2001) - Applies an Alaska bidder preference of five percent (5%), an Alaska products preference as described in §36.30.322 through 36.30.328, and a recycled products preference under §36.30.337 over the lowest responsive and responsible bidder.

"Alaska bidder" is defined as (1) a person who holds a current Alaska business license; (2) submits a bid for goods, services or construction under the name in the Alaska business license; (3) maintains a place of business within the state; (4) is incorporated or qualified to do business under the laws of the State of Alaska, is a sole proprietorship and the proprietor is a resident of the State of Alaska, is a limited liability company organized under Alaska Statutes §10.50 and all members are residents of the State of Alaska, or is a partnership under Alaska Statutes §§32.05 and 32.11 and all partners are residents of Alaska; and (5) if it is a joint venture, that it is composed entirely of ventures that meet the preceding qualifications.

Alaska Statutes §36.30.170(c) (Lexis 2001) - Award to an Alaska bidder who is not more than fifteen percent (15%) higher than the lowest bid when Alaska bidder offers services through an employment program. "Program" means the state training and employment program established in Alaska Statutes, §23.15.620 through 23.15.660

Alaska Statutes §36.30.170(d) (Lexis 2001) - An Alaska bidder preference of five percent (5%) over the lowest bid for insurance related contracts.

Alaska Statutes §36.30.170(e) (Lexis 2001)- An Alaska bidder preference of ten percent (10%) over the lowest bid applied to a bidder who qualifies under §36.170(b) and is a qualifying entity. Qualifying entity is defined as (1) a sole proprietorship owned by a person with a disability; (2) a partnership if each of the partners is a person with a disability; or (3) a limited liability company if each of the members is a person with a disability.

Alaska Statutes §36.30.170(f) (Lexis 2001) -- An Alaska bidder preference of ten percent (10%) over the lowest bid if at least 50 percent of bidder's employees at time of the bid are persons with a disability.

Alaska Statutes, §36.30.322 (Lexis 2001) - Preference for timber, lumber and manufactured lumber products originating in the state of Alaska forests to be procured by an agency or used in construction projects of an agency.

Alaska Statutes, §36.30.324 (Lexis 2001) - Preference for use of Alaska products and recycled Alaska products in procurements for an agency.

Alaska Statutes, §36.30.332 (Lexis 2001) - Preference for the following Alaska products: Preference of three percent (3%) for Class I products that are more than 25 percent and less than 50 percent produced or manufactured in the State of Alaska. Preference of five percent (5%) for Class II products that are 50 percent or more and less than 75 percent produced or manufactured in the State of Alaska. Preference of seven percent (7%) for Class III products that are 75 percent produced or manufactured in the State of Alaska.

Alaska Statutes, §36.30.333 (Lexis 2001) - A preference for purchasing recycled paper in which at least 25% of the quantity purchased must be recycled paper unless recycled paper is not available for the purchase or unless, after application of the procurement preference under Alaska Statute §36.30.337, the recycled paper is more expensive than the nonrecycled paper.

Alaska Statutes, §36.30.337 (Lexis 2001) - Preference of five percent (5%) for recycled products.

Alaska Statutes, §36.30.338 (Lexis 2001) - Definitions:

(1) "Alaska product" means a product of which not less than 25 percent of the value has been added by manufacturing or production in the State of Alaska.

(2) "Produced or manufactured" means processing, developing, or making an item into a new item with a district character and use through the application within the state of materials, labor, skill or other services.

(3) "Product" means materials or supplies but does not include gravel and asphalt.

(4) "Recycled Alaska product" means an Alaskan product of which not less than 50 percent of the value of the product consists of a product that was previously used in another product, if the recycling process is done in the State of Alaska.

Title 2, Alaska Administrative Code, §12.260(d) (Lexis 2001) - A preference of five percent (5%) over the lowest bid is applied to an Alaska bidder under Alaska Statutes §36.30.170(b) in competitive sealed proposals.

Title 2, Alaska Administrative Code, §12.260(e) (Lexis 2001) - If a numerical rating system is used in evaluating competitive sealed proposals, an Alaska offeror's preference of at least 10 percent of the total possible value of the rating system is assigned to a proposal from an Alaska bidder.

Title 2, Alaska Administrative Code, §12.890 (Lexis 2001) - If both the Alaska bidder's preference under AS 36.30.170(b) and the Alaska products preference under AS 36.30.322 -- 36.30.328 apply to a solicitation, a procurement officer shall apply the bidder's preference first and the products preference second.

ARIZONA:

Arizona Revised Statutes Annotated, Title 34, §34-242 (Lexis 2001) - Preference of five percent (5%) for bidders who furnish materials produced or manufactured in the State of Arizona to construct a building or structure, or additions to or alterations of existing buildings or structures to any political subdivision of the State of Arizona. Bidders cannot claim a preference pursuant to both §§34-242 and 34-243 and may not receive more than five percent total preference.

Arizona Revised Statutes Annotated, Title 34, §34-243 (Lexis 2001) - Preference of five percent (5%) to bidders who furnish materials supplied by a dealer who is a resident of the State of Arizona to construct a building or structure, or additions to or alterations of existing buildings or structures for any political subdivision of Arizona.

Arizona Revised Statutes Annotated, Title 41, §41-2533(I) (Lexis 2001 ARIZ HB 2038) - Preference of five percent (5%) to the bidder of recycled paper product.

Arizona Revised Statutes Annotated, Title 41, §41-2636 (Lexis 2001) - Preference for state governmental units to purchase office products, vinyl binders and furniture from Arizona correctional industries if (1) such materials and services are readily available; (2) such materials and services are capable of timely delivery; and (3) such materials and services are of equal quality and price for these same materials and services in the private sector.

Arizona Administrative Code, Title 2, Chapter 7, §R2-7-335 (Lexis 2001) - When practical, purchases that cost less than $10,000 shall be restricted to small businesses. Impractical purchases are under the following circumstances: Sole-source procurements as defined in A.R.S., §41-2536; emergency procurement as defined in A.R.S., §41-2537; purchases not expected to exceed $1,000; purchases delegated within a purchasing agency to field offices; and purchases that have been unsuccessfully completed by failure to contain a notice that only small businesses respond, or because the procurement officer has failed to request confirmation that a bidder contacted to offer a quote is a small business.

ARKANSAS:

Arkansas Code Annotated, §12-30-304 (Lexis 2001) - Preference for state institutions to purchase products grown or produced by the Arkansas State penitentiary and other farms.

Arkansas Code Annotated, §13-8-206 (Lexis 2001) - Preference for works of art by Arkansas artists when purchasing or commissioning art work for a state agency building to be constructed or renovated.

Arkansas Code Annotated, §19-11-259 (Lexis 2001 AR S.B. 358) - Preference of five percent (5%) to a firm resident in Arkansas in the purchase of commodities that are materials and equipment used in public works projects.

Arkansas Code Annotated, §19-11-260 (Lexis 2001 AR S.B. 358) - Preference of ten percent (10%) for recycled paper products. An additional one percent (1%) preference is allowed for products containing the largest amount of postconsumer materials recovered within the State of Arkansas. A bidder receiving a preference under this section shall not be entitled to an additional preference under §19-11-259.

Arkansas Code Annotated, §19-11-304 (Lexis 2001) - Priority for bids submitted by private industries located within the State of Arkansas and employing Arkansas taxpayers over bids submitted by out-of-state penal institutions employing convict labor.

Arkansas Code Annotated, §19-11-305 (Lexis 2001) - Preference of five percent (5%) to Arkansas bidders (as provided for in §19-11-259) in the purchase of commodities that are materials and equipment used in public works projects against bids received from private industries located outside the State of Arkansas; and a preference of fifteen percent (15%) to Arkansas bidder against out-of-state correctional institution bids.

CALIFORNIA:

California Government Code, Title 1, Division 5, Chapter 4, §4303 (Lexis 2001) Contracts for the construction, alteration, or repair of public works, or the purchasing of materials for public use, shall be awarded to persons who agree to use or supply only unmanufactured materials produced in the United States; manufactured materials manufactured in the United States; and manufactured materials made substantially from materials produced in the United States. The California Buy American Act (§§4300 - 4305) has been found to be unconstitutional (See 53 Ops. Ca. Atty Gen. 65) . California's Department of General Services, Procurement Division, does not apply this preference.

California Government Code, Title 1, Division 5, Chapter 4, §4331 (Lexis 2001) -- Preference for supplies grown manufactured, or produced in the State of California, and next preference for supplies partially manufactured, grown or produced in the State of California.

NOTE: Although §4331 has not been repealed, it was found to be unconstitutional by the California Attorney General. (See 53 Ops. Cal. Atty. Gen. 72, 73 (1970)) .

Preference for California-made supplies by this section not applicable to materials going into construction of state-owned buildings; and not applying to general contractors purchasing materials necessary to perform their contracts with the State of California. (See 27 Ops. Cal. Atty. Gen. 52 (1956)) . California's Department of General Services, Procurement Division, does not apply this preference.

California Government Code, Title 1, Division 5, Chapter 4, §4332 (Lexis 2001) A preference for California-made supplies to be stated when advertising for supplies. (See §4331 preceding)

California Government Code, Title 1, Division 5, Chapter 4, §4334 (Lexis 2001) -- Preference of five percent (5%) to bidders manufacturing in the State of California supplies to be used or purchased in the letting of contracts for public works, with the construction of public bridges, buildings and other structures, or with the purchase of supplies for any public use. NOTE: Although §4334 has not been repealed, it was found to be unconstitutional by the California Attorney General. (See 53 Ops. Cal. Atty. Gen. 72, 73 (1970)) .

California Government Code, Title 1, Division 5, Chapter 10.5, §4531 (Lexis 2001) - Preference for California based companies submitting bids or proposals for state contracts to be performed at worksites in distressed areas by persons with a high risk of unemployment when the contract is for goods or services in excess of one hundred thousand dollars ($100,000). (Target Area Contract Preference Act).

California Government Code, Title 1, Division 5, Chapter 10.5, §4533 (Lexis 2001) -- Contracts for goods in distressed areas. Preference of five percent (5%) in contracts for goods in excess of $100,000 given to California based companies that have at least 50 percent of the labor hours required to manufacture the goods and perform the contract performed at a worksite or worksites located in a distressed area.

California Government Code, Title 1, Division 5, Chapter 10.5, §4533.1 (Lexis 2001) -- Additional preference awarded to bidders for contracts of goods in excess of $100,000 and who comply with §4533 are as follows: One percent (1%) preference for bidders who agree to hire persons with high risk of unemployment equal to 5 to 9 percent of its work force during the period of contract performance; a two percent (2%) preference for bidders who agree to hire persons with high risk of unemployment equal to 10 to 14 percent of its work force during the period of contract performance; a three percent (3%) preference for bidders who agree to hire persons with high risk of unemployment equal to 15 to 19 percent of its workforce during the period of contract performance.

California Government Code, Title 1, Division 5, Chapter 10.5, §4534 (Lexis 2001) -- Preference of five percent (5%) in contracts for services in excess of $100,000 given to California based companies that have no less than 90 percent of the labor required for the contract performed at a worksite or worksites located in a distressed area.

California Government Code, Title 1, Division 5, Chapter 10.5, §4534.1 (Lexis 2000) -- Additional preferences as set forth in §4533.1 are awarded to bidders for contracts of services in excess of $100,000 who comply with provisions as set forth in §4534.

California Government Code, Title 1, Division 5, Chapter 10.5, §4535.2 (Lexis 2001) -- The maximum preference and incentive a bidder may be awarded under Chapter 10.5, the Target Area Contract Preference Act, is fifteen percent (15%) and is not to exceed a cost preference of $50,000. The combined cost of preferences and incentives granted pursuant to Chapter 10.5 and any other provision of law is not to exceed $100,000. Small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders.

California Government Code, Title 1, Division 7, Chapter 12.8, §7084 (Lexis 2001) -- Contracts for goods in enterprise zones. Preference of five percent (5%) in contracts for goods in excess of $100,000 to California based companies who certify that not less than fifty percent of the labor hours required to perform the contract shall be accomplished at a worksite or worksites located in an enterprise zone.

Additional preferences to California-based companies complying with this section during the performance of the contract are as follows: Five percent (5%) preference given when not less than 90 percent of the labor hours required to perform the contract for goods is accomplished at a worksite or worksites located in an enterprise zone. One percent (1%) preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to five to nine percent of its workforce. Two percent (2%) preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 10 to 14 percent of its work force. Three percent (3%) preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 15 to 19 percent of its workforce. Four percent (4%) preference given to bidders who agree to hire persons living within a targeted employment area or enterprise zone equal to 20 or more percent of its workforce during the period of the contract performance.

The maximum preference awarded to a bidder under the California Government Code, Chapter 12.8, Enterprise Zone Act, is fifteen percent (15%), and the maximum preference cost cannot exceed $50,000.00.

California Government Code, Division 7, Title 1, Chapter 12.97, §7118 (Lexis 2001) - A preference of five percent (5%) is awarded to California-based companies in contracts for goods in excess of $100,000 if no less than 50 percent of the labor required to perform the contract is accomplished at a worksite or worksites located in a local agency military base recovery area (LAMBRA).

A preference of five percent (5%) is awarded to California-based companies in contracts for services in excess of $100,000 who perform the contract at a worksite or worksites located in a LAMBRA.

Additional preferences are awarded to California-based companies complying within this section as follows: A one percent (1%) preference for bidders who shall agree to hire persons living within a LAMBRA; a two percent (2%) preference for bidders who agree to hire persons living within a LAMBRA that is equal to 10 to 14 percent of its work force during the period of contract performance; a three percent (3%) preference for bidders who agree to hire persons living within a LAMBRA that is equal to 15 to 19 percent of its work force during the contract performance; and a four percent (4%) preference for bidders who hire persons living within a LAMBRA that is equal to 20 percent or more of its work force during the contract performance.

The maximum preference a bidder may be awarded under Chapter 12.97, Local Agency Military Base Recovery Area Act, is fifteen percent (15%) and the maximum preference cost cannot exceed $50,000.00.

A small business bidder, who is the lowest responsible bidder or is eligible for a five percent (5%) small bidder's preference, notwithstanding any other provision of this section, shall be given precedence over nonsmall businesses.

California Code of Regulations, Title 2, Division 2, Chapter 3, §1896.2 (Lexis 2001) - Each California state agency shall grant to all qualified small business a preference that is not to exceed five percent (5%).

California Government Code Annotated, Title 2, Division 3, Chapter 6.5, §14837 (Lexis 2001) - Definitions. "Small business" means an independently owned and operated business, which is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer with 100 or fewer employees.

"Manufacturer" means a business that is (1) primarily engaged in the chemical or mechanical transformation of raw materials or processed substances into new products; and (2) classified between codes 2000 and 3999, inclusive, of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition.

California Government Code Annotated, Title 2, Division 3, Chapter 6.5, §14838 (Lexis 2001) - Small businesses - A five percent (5%) preference to small business over the lowest responsible bidder meeting specifications in state procurement, construction contracts, and in service contracts. The maximum small business preference shall not exceed $50,000 for any bid and the combined cost for preferences granted by law shall not exceed $100,000.

In the event of a precise tie between the low responsible bid from a small business and the low responsible bid from a disabled veteran-owned small business, the disabled veteran-owned small business will be awarded the contract.

California Government Code Annotated, Title 2, Division 3, Chapter 2.1, §15813.1 (Lexis 2001) - Definitions. "Work of art" means any work of visual art, including but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or photograph, a work of calligraphy, a work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), crafts (including crafts in clay, textile, fiber, wood, metal, plastic, glass, and like materials), or mixed media including a collage, assemblage, or any combination of the foregoing art media). The term "work of art" does not include environmental landscaping placed about a state building.

California Government Code Annotated, Title 2, Division 3, Chapter 2.1, §15813.3 (Lexis 2001) - Preference given to artists who are California residents when purchasing, leasing, or commissioning works of art for public buildings.

California Public Contract Code, Division 2, Part 1, Chapter 3, §3410 (Lexis 2001) - Preference for United States-grown produce and United States-processed foods when a governmental entity purchases food.

California Public Contract Code, Division 2, Part 1, §6107 (Lexis 2001) -- Reciprocal preference awarded to a California company applied when awarding contracts for construction. If the California company is eligible for a California small business preference described in §14838, the preference applied is the greater of the two, but not both.

California Public Contract Code, Division 2, Part 2, Chapter 2.5, §10855 (Lexis 2001) - "Recycled paper product" means a paper product with not less than 50 percent, by fiber weight, consisting of secondary and postconsumer material with not less than 10 percent of fiber weight consisting of postconsumer material.

"Postconsumer material" means a finished material which would normally be disposed of as a solid waste, having completed its life cycle as a consumer item.

"Secondary material" means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value.

California Public Contract Code, Division 2, Part 2, Chapter 2.5, §10860 (Lexis 2001) - Under Chapter 2.5, California State University Contract Law, recycled paper product contracts are awarded to the bidder with the greater percentage of postconsumer material

California Public Contract Code, Division 2, Part 2, Chapter 3, §12102 (Lexis 2001) - A preference of five percent (5%) for small business (provided for in Government Code Annotated, Title 2, Division 3, Chapter 6.5, §14838) is applied for the acquisition of electronic data processing and telecommunications goods and services.

California Public Contract Code, Division 2, Part 2, Chapter 4, §12162 (Lexis 2001) - All state agencies are to give a price preference, not to exceed ten percent (10%), to recycled paper products if the product's fitness, quality, and availability are comparable to nonrecycled products.

California Public Contract Code, Division 2, Part 2, Chapter 4, §12168 (Lexis 2001) - The combined dollar amount of preference granted by public agencies for the purchase of recycled paper is not to exceed $100,000. The recycled paper bidder preference shall not exceed $50,000 if a preference exceeding that amount would preclude a small business that offers nonrecycled paper products and is qualified under the California Government Code, §14838.

California Public Contract Code, Division 2, Part 2, Chapter 4, §12183 (Lexis 2001) - A preference exists for compost and co-compost products when they can be substituted for, and cost no more than, the cost of regular fertilizer or soil amendment products, or both.

Government Code Annotated, Title 2, Division 2, Part 2, Chapter 4, §12210 (Lexis 2001) - All local and state public agencies are to give preference to the suppliers of recycled products.

COLORADO:

Colorado Revised Statutes Annotated, §8-18-101 (Lexis 2000) -Reciprocal preference against a nonresident bidder is applied in favor of resident bidders for contracts of commodities and services, and for construction contracts.

Colorado Revised Statutes Annotated, §8-19.5-101 (Lexis 2000) - Preference of five percent (5%) in a public project contract to a bidder who has used recycled plastics in the manufacture of commodity or supplies. "Public project" means any publicly funded contract entered into by a governmental body of the executive branch of the State of Colorado that is subject to the Procurement Code, articles 101 to 112 of Title 24, Colorado Revised Statutes.

Colorado Revised Statutes Annotated, §8-19-102.5 (Lexis 2000) - Reciprocal preference against nonresidents and from another state or foreign country is applied in favor of a Colorado resident bidder for public projects.

Colorado Revised Statutes Annotated, §17-24-111 (Lexis 2000) - Preference applied in the competitive sealed bidding for the purchase of goods and services purchases for goods and services for purchases from Colorado's Division of Correctional Industries. Printing to be purchased from the Division of Correctional Industries unless a state agency operates its own printing operation.

Colorado Revised Statutes Annotated, §24-30-1203 (Lexis 2000) - Preference to purchase products and services from nonprofit agencies for persons with severe disabilities.

Colorado Revised Statutes Annotated, §24-103-202.5 (Lexis 2000) - Preference for resident bidder in "low tie bids" for award of a supply contract. "Low tie bids" means low responsible bids from bidders that are identical in amount and that meet all the requirements and criteria set forth in the invitation for bids. (C.R.S. §24-103-101)

CONNECTICUT:

Connecticut General Statutes, §4a-59 (Lexis 2001) - Preference of up to ten per cent (10%) for (A) the purchase of goods made with recycled materials, or the purchase of recyclable or remanufactured products; (B) the purchase of motor vehicles powered by a clean alternative fuel; or (C) the purchase of motor vehicles powered by fuel other than a clean alternative fuel, and conversion equipment to convert such motor vehicles allowing the vehicles to be powered by either the exclusive use of clean alternative fuel or dual use of a clean alternative fuel and a fuel other than a clean alternative fuel.

"Recyclable" means able to be collected, separated or otherwise recovered from the solid waste stream for reuse, or for use in the manufacture or assembly of another package or product, by means of a recycling program.

"Remanufactured" means restored to its original function and thereby diverted from the solid waste stream by retaining the bulk of components that have been used at least once and by replacing consumable components.

"Remanufacturing: means any process by which a product is remanufactured.

"Clean alternative fuel" means natural gas or electricity when used as a motor vehicle fuel.

Preference in tie bids is given to supplies, materials and equipment produced, assembled or manufactured in the State of Connecticut and services originating and provided for in the State of Connecticut.

Connecticut General Statutes, §10-298b (Lexis 2001) - Preference for all departments, institutions, or agencies supported whole or in part by the State of Connecticut to purchase products made or manufactured or services provided by blind persons under the direction or supervision of the Board of Education and Services for the Blind. Preference does not apply to articles produced or manufactured by the Department of Correction Industries in the State of Connecticut, and emergency purchases.

Connecticut General Statutes, §17b-656 (Lexis 2001) - Preference for any department, institution, or agency supported whole or in part by the State of Connecticut to purchase products and services rendered by persons with disabilities, except (1) articles produced or manufactured by blind persons, (2) articles produced or manufactured by the Department of Corrections, and (3) emergency purchases.

Connecticut General Statutes, §18-88 (Lexis 2001) - Preference for each state department, agency, commission or board to purchase its necessary products and services from the Correctional Institutions and Department of Correction Industries, provided they are comparable in price and quality and in sufficient quantity as may be available outside the institutions.

DELAWARE:

Delaware Code, Title 16, §9605 (Lexis 2000) - Preference for a product or service of the Delaware Industries for the Blind and other severely disabled individuals.

Delaware Code, Title 29, §6962 (Lexis 2000) - Preference for Delaware laborers, workers or mechanics in the construction of all public works for the State of Delaware or any political subdivision, or by firms contracting with the State or any political subdivision thereof.

DISTRICT OF COLUMBIA:

District of Columbia Code, Title 1, §1-1183.1 (Lexis 2000) - Preference for the purchase of materials, equipment, and supplies produced in the District government or sold by District-based businesses.

FLORIDA:

Florida Statutes, Title XVIII, §255.04 (Lexis 2000) - Preference in tie bids awarded to materialmen, contractors, builders, architects, and laborers who reside in Florida for the purchase of material and in contracts for the erecting or construction of any public administrative or institutional building.

Florida Statutes, Title XIX, §283.32 (Lexis 2000) - Preference for each agency to use recycled paper. A preference of 10 percent to bidders who certify that the materials used for a printing contract contain at least the minimum percentage of recycled content established by the Department of Management Services.

Florida Statutes, Title XIX, §283.35 (Lexis 2000) - Preference in tie bids for printing contracts awarded to bidders located within the State of Florida.

Florida Statutes, Title XIX, §287.045 (Lexis 2000) - Preference of ten percent (10%) to responsive bidder who has certified that the products or materials contain at least the minimum percentage of recycled content and post consumer recovered material and up to an additional five percent preference to a responsible bidder who has certified that the products or material are made of materials recovered in Florida.

Florida Statutes, Title XIX, §287.082 (Lexis 2000) - Preference in tie bids for commodities manufactured, grown, or produced in the State of Florida.

Florida Statutes, Title XIX, §287.084 (Lexis 2000) Reciprocal preference awarded to a bidder whose principal place of business is in the State of Florida for the purchase of personal property through competitive bidding. Reciprocal preference is awarded when lowest responsible bid is by a bidder whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state. Reciprocal preference is equal to the preference granted by the state from which the lowest bidder has his or her principal place of business.

Florida Statutes, Title XIX, §287.087 (Lexis 2000) - Preference to a business that has implemented a drug-free workplace program in the procurement of commodities or contractual services by the state or any political subdivision.

"Commodity" means any of the various supplies, materials, goods, merchandise, food, equipment, and other personal property, including a mobile home, trailer, or other portable structure with floor space of less than 3,000 square feet, purchased, leased, or otherwise contracted for by the state and its agencies. "Commodity" also includes interest on deferred-payment commodity contracts. However, commodities purchased for resale are excluded from this definition. Further, a prescribed drug, medical supply, or device required by a licensed health care provider as a part of providing health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration for clients at the time the service is provided is not considered to be a "commodity." Printing of publications shall be considered a commodity when competitively bid.

Florida Statutes, Title XXIX, §403.714 (Lexis 2000) - Preference for the procurement of compost products applies to all state agencies, the Department of Transportation, the Department of Management Services and local governments, when the compost products can be substituted for, and cost no more than, regular soil amendment products. The preference applies, but is not limited to, the construction of highway projects, road rights-of-way, highway planting projects, recultivation and erosion control programs, and other projects.

Florida Statutes, Title XXIX, §403.753 (Lexis 2000) - Applies a five percent (5%) preference in the procurement of recycled automotive, industrial and fuel oils, and oils blended with recycled oils for all state and local government uses.

Florida Statutes, Title XXX, §413.035 - (Lexis 2000) - Priority to purchase any product or service from a qualified nonprofit agency for the blind or for other severely handicapped persons.

Florida Administrative Code, Title 25, §25-25-009 (Lexis 2000) - Preference awarded to bidders located within the State of Florida when awarding contracts, whenever commodities bid can be purchased at no greater expense than, and at a level of quality comparable to, those bid by a bidder located outside the State of Florida.

Florida Administrative Code, Title 25, §25-25-025 (Lexis 2000) - General Purchasing Procedures - Preference in tie bids awarded to a minority owned business.

"Minority business enterprise" means any small business domiciled in Florida, and which at least 51 percent is owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin which has been subjected historically to disparate treatment . (Florida Statute, Title XIX, §288.703).

GEORGIA:

Georgia Code, Title 30, §30-2-4 (Lexis 2000) - All departments, subdivisions, and institutions of the State of Georgia are directed to give preference in purchases of goods manufactured at the Georgia Industries for the Blind.

Georgia Code Annotated, §50-5-60 (Lexis 2000) - Preference in tie bids in the purchase and contracting of supplies, materials, equipment manufactured and printing produced in Georgia.

Preference in all cases shall be given to surplus products or articles manufactured or produced by other state departments, institutions, or agencies.

Reciprocal preference applied in favor of vendors resident in the State of Georgia or Georgia businesses.

Georgia Code Annotated, §50-5-60.4 (Lexis 2000) - Preference given to Georgia compost and mulch to use in road building, land maintenance, and land development activities.

Georgia Code Annotated, §50-5-61 (Lexis 2000) - Preference in tie bids for supplies, materials, agricultural products and printing produced in Georgia.

HAWAII:

Hawaii Revised Statutes, Title 9, §103D-1002 (Lexis 2000) -- Preference of three percent (3%) for Class I Hawaii products that have 25 percent to 49 percent of their manufactured cost in Hawaii; preference of five percent (5%) for Class II Hawaii products that have 50 percent to 74 percent of their manufactured cost in Hawaii; and a preference of ten percent (10%) for Class III Hawaii products that have 75 percent or more of their manufactured cost in Hawaii. Hawaii products mean products that are mined, excavated, produced, manufactured, raised, or grown in the state where the input constitutes no less than twenty-five percent of the manufactured cost. (H.R.S., §103D-1001)

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-5 (Lexis 2000) - Should the price comparison for bids, after all applicable preferences are taken into consideration, result in identical total prices award shall be made to the offeror offering a registered Hawaii (Class I, II or III) product in preference to a non-Hawaii product.

Hawaii Revised Statutes, Title 9, §103D-1003 (Lexis 2000) and Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-10 (Lexis 2000) - Preference of fifteen percent (15%) is awarded to contracts in which all work will be performed in the State of Hawaii for printing, binding or stationery, including all preparatory work, presswork, bindery work, and any other production-related work.

Hawaii Revised Statutes, Title 9, §103D-1004 (Lexis 2000) - Reciprocal preference against bidders from those states that apply preferences. The amount of the reciprocal preference shall be equal to the amount by which the non-resident preference exceeds any preference applied by the State of Hawaii.

Hawaii Revised Statutes, Title 9, §103D-1005 (Lexis 2000) and Weils Code of Hawaii Rules, Title 3, Chapter 124, §§3-124-20 to 26 - Preference given to products containing recycled material. Purchase specifications shall include but not be limited to paper, paper products, glass and glass-by-products, plastic products, mulch and soil amendments, tires, batteries, oil, paving materials and base, subbase, and pervious backfill materials.

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-24(a) (Lexis 2000) Preference of five percent (5%) given to recycled products only when purchase does not specify only recycled products and when non-recycled products are offered.

Hawaii Revised Statutes, §103D-1006 (Lexis 2000) and Weils Code of Hawaii Rules, Title 3, Chapter 124, §§3-124-30 to 35- Preference is awarded in tie bids for software development to Hawaii software development businesses.

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-34(a) (Lexis 2000) - Price preference of ten percent (10%) applied to Hawaii software development businesses.

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-31 (Lexis 2000) - Definitions. "Hawaii software development business" means any person, agency, corporation, or other business entity with its principal place of business or ancillary headquarters located in the State of Hawaii and which proposes to obtain 80 percent of the labor for software development from persons domiciled in Hawaii.

Weils Code of Hawaii Rules, Title 3, Chapter 124, §3-124-25(e) (Lexis 2000) - After all preferences are applied to recycled products, and the price comparison, after taking into consideration all applicable preferences, results in identical evaluated prices, award shall be made to the offeror offering the product with the higher post-consumer recovered material content; or the product with the higher recovered material content if the products have identical post-consumer recovered material content.

Hawaii Revised Statutes, Title 9, §103D-1007 (Lexis 2000) - Preference of seven percent (7%) on bids for public works project contracts given to a bidder who has filed all state tax returns due to the State of Hawaii and paid all amounts owing on such returns for two successive years prior to submitting the bid and if the amount of the bid is $5,000,000.00 or less; and a preference of seven percent to a bidder who has filed all state tax returns due to the State of Hawaii and paid all amounts owing on such returns for four successive years prior to submitting the bid and the amount of the bid is more than $5,000,000.00.

Weil's Code of Hawaii Rules, Title 3, Chapter 124, §3-124-44(a) (Lexis 2000) - Preference of seven percent (7%) for in-state contractors bidding on public works contracts.

Hawaii Revised Statutes, Title 9, §103D-1304 (Lexis 2000) - Affirmative program to include description of the preference for recycled oil products in soliciting bids from suppliers and vendors.

Hawaii Revised Statutes, Title 19, §342G-41 (Lexis 2000) - Preference in state and county public agencies to purchase products made from recycled materials, that are themselves recyclable, and that are designed for durability.

IDAHO:

Idaho Code, Title 60, §60-101 (Lexis 2000) -- Preference for all printing, binding, engraving and stationery work to be executed within the State of Idaho, except as provided in §60-103 of the Idaho Code.

Idaho Code, Title 60, §60-103 (Lexis 2000) - Preference of ten percent (10%) awarded to a person, firm or corporation proposing to execute printing, engraving, binding, and stationery work in the State of Idaho.

Idaho Code, Title 67, §67-2348 (Lexis 2000) - Reciprocal preference applied in favor of Idaho domiciled contractors on public works contracts.

Idaho Code, Title 67, §67-2349 (Lexis 2000) - Reciprocal preference for the purchase of any materials, supplies, services or equipment is awarded to a responsible bidder domiciled in Idaho. Any bidder domiciled outside the boundaries of the State of Idaho may be considered an Idaho domiciled bidder provided that for a period of the year the bidder maintains in Idaho a fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouses or other necessary related property; and if a corporation be registered and licensed to do business in the Sate of Idaho.

In the evaluation of paper product bids, those items that meet recycled content standards may be given not more than a five percent (5%) purchasing preference.

Idaho Code, Title 67, §67-5718 (Lexis 2001 ID S.B. 1025 and H.B. 128) - Preference in tie bids for property purchased in excess of $25,000.00 or procured at $1,000.00 per month to be awarded to bidders having property of local and domestic production and manufacture, or bidders having a significant Idaho economic presence.

ILLINOIS:

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-10 (Lexis 2001) - Reciprocal Preference - When a contract is to be awarded to the lowest responsible bidder, a resident bidder is allowed a preference as against a non-resident bidder from any state that gives or requires a preference to bidders from that state.

A resident bidder is defined as a bidder who is a person or foreign corporation authorized to transact business in the State of Illinois and has a bona fide establishment for transacting business within the State of Illinois.

Illinois Administrative Code, 44 Ill. Admin. Code §500.1110 (Lexis 2001) - Resident Vendor Preference - A preference in tie bids is awarded to Illinois resident bidders. An Illinois resident bidder is a person or foreign corporation authorized to transact business in Illinois and who has a bona fide establishment for transacting business within Illinois.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-20 (Lexis 2001) - A preference of ten percent (10%) is awarded to a bidder who can fulfill a contract through the use of products made of recycled materials.

Illinois Administrative Code, 44 Ill. Admin. Code §500.1130 (Lexis 2001) - Recycled Materials - A preference of ten (10%) percent is awarded to a qualified bidder with products made of recycled materials.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-30 (Lexis 2001) - Illinois purchasing agency are to give preference to articles, materials, services, food stuffs, and supplies produced or manufactured by persons confined to the Department of Corrections.

Illinois Administrative Code, 44 Ill. Admin. Code §526.4530 (Lexis 2001) - Preference is given for supplies or services made available from Correctional Industries for procurements by public institutions of higher education.

Illinois Compiled Statute Annotated, 30 ILCS §500/45-35 (2001) - Preference to procure, without advertising bids, supplies and services from Illinois Sheltered workshops for the severely handicapped.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-50 (Lexis 2001) - A preference is awarded to a bidder for the use of agricultural products grown in Illinois.

Illinois Compiled Statutes Annotated, 30 ILCS 500/45-55 (Lexis 2001) - A preference is awarded to a bidder, in contracts requiring the procurement of plastic products, who fulfill the contract through the use of plastic products made from Illinois corn by-products.

Illinois Compiled Statutes Annotated, 30 ILCS §500/45-60 (Lexis 2001) - Preference to award contract for vehicles to a bidder or offerer who will fulfill the contract through the use of vehicles powered by ethanol produced from Illinois corn or bio diesel fuels produced from Illinois soybeans.

Illinois Administrative Code, 44 Ill. Admin. Code §1.4535 (Lexis 2001) - Preference is given to articles, materials, services, food stuffs and supplies that are produced or manufactured by persons with disabilities in state use sheltered workshops.

Illinois Compiled Statutes Annotated, 30 ILCS §520/2 (Lexis 2001) - Preference given to vendors in those states whose preference laws do not prohibit the purchase by the public institutions of commodities grown or produced in Illinois. Applies to all Illinois state agencies. The term "institution" means all institutions maintained by the State of Illinois or any political subdivision thereof or municipal corporation therein, including municipally-owned public utility plants. (30 ILCS §520/1)

Illinois Compiled Statutes Annotated, 30 ILCS §555/1 (Lexis 2001) Every institution in the State of Illinois is required to give a ten percent (10%) preference to the cost of coal mined in the State of Illinois if used as fuel. The term "institution" means all institutions maintained by the State of Illinois or any political subdivision thereof or municipal corporation therein, including municipally-owned public utility plants. (30 ILCS §555/2)

Illinois Compiled Statutes Annotated, 30 ILCS §565/2 (Lexis 2001) - Preference for steel products produced in the United States in all contracts for construction, reconstruction, repair, improvement or maintenance of public works. "Steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process. (30 ILCS §565/3)

Illinois Administrative Code, 44 Ill. Admin. Code §1120.4510 (Lexis 2001) - Preference for Illinois resident vendor in tie bids. An Illinois resident vendor who would perform the services or provide the supplies from another state, or produces or performs at least 51% of the goods or services in another state, will be considered a resident of the other state as against an Illinois resident vendor who performs the services or provides the supplies from Illinois. Reciprocal preference is applied against vendors considered residents of another state if the state has an in-state preference.

INDIANA:

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-16 (Lexis 2000) - A price preference of not less than ten percent (10%) or more than fifteen percent (15%) may be awarded for the purchase of supplies that contain recycled materials or post-consumer materials.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-18 (Lexis 2000) - Preference of ten percent (10%) for soybean oil based ink.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-19 (Lexis 2000) Preference of ten percent (10%) for the purchase of fuel that is at least 20% soy diesel/bio diesel by volume. "Soy diesel/bio diesel" includes fuels (other than alcohol) that are primarily esters derived from biological materials, including oil seeds and animal fats, for use in compression and ignition engines.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-20- (Lexis 2000) - A purchasing preference may be awarded by a governmental body to an Indiana business. Reciprocal preference is applied in favor of Indiana businesses. This section does not apply to the Indiana State Lottery Commission.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-21- (Lexis 2000) - A preference for governmental bodies to purchase supplies manufactured in the United States. This section does not apply to the Indiana State Lottery Commission.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-22 (Lexis 2000) - Preference applied for coal mined in Indiana when purchasing coal for fuel. The preference does not apply if federal law requires the use of low sulphur coal in the circumstances for which the coal is purchased.

Burns Indiana Statutes Annotated, Title 5, Chapter 15, §5-22-15-23 (Lexis 2000) - A preference of fifteen percent (15%) is awarded to an Indiana small business. Small business is defined as a business that is independently owned and operated; is not dominant in its field of operation; and has the following criteria: (1) A wholesale business is not a small business if its annual sales for its most recently completed fiscal year exceed four million dollars ($4,000,000). (2) A construction business is not a small business if its average annual receipts for the preceding three (3) fiscal years exceed four million dollars ($4,000,000). (3) A retail business or business selling services is not a small business if its annual sales and receipts exceed five hundred thousand dollars ($500,000). (4) A manufacturing business is not a small business if it employs more than one hundred (100) persons. (Burns Indiana Code, §5-22-14-3)

IOWA:

Code of Iowa, Title 1, Chapter 18, §18.6 (Lexis 2001) - Preference in tie bids for equipment, supplies or services to be awarded to Iowa products and purchases from Iowa based businesses. Reciprocal preference shall be applied against states that mandate a percentage preference for the purchase of equipment, supplies, or services.

Code of Iowa, Title 1, Chapter 18, §18.22 (Lexis 2001) - Preference to purchase lubricating oil and industrial oil with the greatest percentage of recycled oil.

State agencies to give preference to purchasing Bio-Based hydraulic fluids, greases, and other industrial lubricants manufactured from soybean.

"Bio-based hydraulic fluids, greases, and other industrial lubricants" means the same as defined by the United States department of agriculture, if the department has adopted such a definition. If the United States department of agriculture has not adopted a definition, "bio-based hydraulic fluids, greases, and other industrial lubricants" means hydraulic fluids, greases, and other lubricants containing a minimum of fifty-one percent soybean oil. (2001 Ia. House File 194)

"Other Industrial Lubricants" means lubricants used or applied to machinery.

Code of Iowa, Title II, Chapter 73, §73.6 (Lexis 2001) - Preference for the purchase of coal that is mined or produced within the State of Iowa by producers who are complying with all the workers' compensation and mining laws of the state.

Code of Iowa, Title 1, Chapter 73, §73.16 (Lexis 2001) - A preference of ten percent (10%) is awarded to certified targeted small businesses for the procurement of goods and services, including construction, but not including utility services.

Code of Iowa, Title II, Chapter 73, §73A.21 (Lexis 2001) - Reciprocal preference is applied by Iowa state agencies and political subdivisions in public improvement contracts. The reciprocal preference is applied against a nonresident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country.

Public improvement means a building or other construction work which includes road construction, reconstruction and maintenance projects. (See Iowa Code, Chapter 73, §73A.1; and Iowa Administrative Code, §27-6.2 (Lexis 2001))

Resident bidder means a person authorized to transact business in the state of Iowa and who has a place of business for transacting business within the state at which it has conducted business for at least six months . Fifty one percent (51%) of the resident bidder's common stock has to be owned by residents of Iowa.

KANSAS:

Kansas Statutes Annotated, §75-3740 (Lexis 2000) - Preference in tie bids awarded to bidder within the State of Kansas. In bids for paper products, preference is given to the bidder whose paper products contain the highest percentage of recyclable materials. Reciprocal preference is applied in awarding of any contract for construction of a building or the making of repairs or improvements upon any building for a state agency.

Kansas Statutes Annotated, §75-3740a (Lexis 2000) - Reciprocal preference is applied against a contractor domiciled outside of the State of Kansas for contracts for the erection, construction, alteration, repair or addition to any public building or structure; or for any purchase of goods, merchandise, materials, supplies or equipment of any kind.

Kansas Statutes Annotated, §75-3740b (Lexis 2000) - Preference to bidder for newsprint or high grade bleached printing or writing paper containing not less than 50 percent waste paper by weight.

KENTUCKY:

Kentucky Revised Statutes, Title VI, §45A.470 (Lexis 2001) - Preference for all governmental bodies and political subdivisions of the State of Kentucky to purchase commodities or services from the Kentucky Department of Corrections. Second preference given to the Kentucky Industries for the Blind.

Kentucky Revised Statutes, Title VI, §45A.520 (Lexis 2001) - Preference for recycled materials. State agencies are required to provide minimum recycled material content equal to those established by the United States Environmental Protection Agency for purchasing goods, supplies, equipment, materials, and printing.

Kentucky Revised Statutes, Title VII, §56.005 (Lexis 2001) - Preference for composted materials collected at Kentucky state and local facilities, to be used by state agencies for projects including, but not limited to, roadway construction, reconstruction, or maintenance, restoration of sites including abandoned mine lands reclamation, stream bank stabilization, and reforestation.

Kentucky Revised Statutes, Title XVII, §197.210 (Lexis 2001) Preference to purchase products made by Kentucky prison industries.

LOUISIANA:

Louisiana Revised Statutes, Title 30, §30:2415 (Lexis 2000) - Preference for state agencies in Louisiana to purchase recycled paper and paper products, tissue and paper towels.

"Recycled paper product" means all paper and woodpulp products which contain the recommended minimum content standards specified in the guidelines as adopted by the Environmental Protection Agency under the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. 6901 et seq.), as amended, and which are specified in the rules and regulations promulgated by the secretary of the Department of Environmental Quality pursuant to R.S. 30:2415.4, except that high grade bleach printing and writing papers defined in such guidelines, rules, and regulations shall contain a minimum of fifty percent recovered paper or twenty percent recovered post-consumer fiber by fiber weight. (La. R.S. 30:2412)

A preference of up to five percent (5%) is allowed for the purchase of products with recycled content, provided that such products are either manufactured in Louisiana or contain recovered materials diverted or removed from the solid waste stream which otherwise would go into a Louisiana landfill.

Louisiana Revised Statutes, Title 30, §30:2417 (Lexis 2000) - When purchasing lubricating oils, a purchasing agent for any agency, of the State of Louisiana is to give preference of five percent (5%) to rerefined oil which meets manufacturer's warranty, and the product of which contains at least twenty-five percent rerefined oil.

Louisiana Revised Statutes, Title 38, §38:2184 (Lexis 2000) - Preference given to supplies material, or equipment produced or offered by Louisiana citizens.

Louisiana Revised Statutes , Title 38, §38:2225 (Lexis 2000) - Reciprocal preference against nonresident contractors in public works contracts.

Louisiana Revised Statutes, Title 38,§38:2251 (2001 S.B. 417) -- A seven percent (7%) preference is applied for products assembled, processed, produced or manufactured in Louisiana.

A seven percent (7%) preference is applied for processed meat, meat products, domesticated catfish and produce grown outside of the State of Louisiana, but processed in the State of Louisiana.

A ten percent (10%) preference is applied for produce produced and processed in Louisiana.

A ten percent (10%) preference is applied for purchasing Louisiana products which include materials supplies and equipment. "Louisiana products" means products which are manufactured, processed, produced, or assembled in Louisiana.

Paper and paper products are to be manufactured and converted in Louisiana. "Manufactured" means the process of making a product suitable for use from raw materials by hand or by machinery. "Converted" means the process of converting a roll stock into a sheeted and fully packaged product in a full-time converting operation.

Agricultural or forestry products are to be produced, manufactured or processed in Louisiana.

Eggs and egg products are to be processed from eggs laid in Louisiana. (See §39:1595 for percentage of preference)

Louisiana Revised Statutes, Title 38, §38:2251.1 (Lexis 2000) - A ten percent (10%) preference for milk and dairy products produced or processed in Louisiana.

Louisiana Revised Statutes, Title 38, §38:2251.2 (Lexis 2000) -- A ten percent (10%) preference for steel rolled in Louisiana.

Louisiana Revised Statutes, Title 38, §38:2251(K), and Title 39, §39:1595(J) (2001 S.B. 417) - Preference of ten percent (10%) is applied for the procurement or purchase of Louisiana products whose source is a clay which is mined or originates in Louisiana and which is manufactured, processed, or refined in Louisiana for sale as an expanded clay aggregate form different than its original state, and which is equal in quality to such products manufactured, processed, or refined outside of Louisiana.

Louisiana Revised Statutes, Title 38, §38:2253 (Lexis 2000) -- Preference in tie bids awarded to firms doing business in the State of Louisiana.

Louisiana Revised Statutes, Title 39, §39:1595 (2001 S.B. 417) - Preferences only apply to bidders whose Louisiana business workforce is comprised of a minimum of fifty percent of Louisiana residents. A preference of seven percent (7%) is applied for products produced, manufactured, assembled, grown or harvested in Louisiana; a preference of seven percent (7%) is applied for meat and meat products and domesticated catfish processed in Louisiana; a preference of seven percent (7%) is applied for eggs or crawfish processed in Louisiana.

Louisiana Revised Statutes, Title 39, §39:1595.1 (Lexis 2000) - Reciprocal preference in favor of contractors domiciled in Louisiana is awarded in contracts, except contracts for the construction, maintenance, or repair of highways and streets.

Louisiana Revised Statutes, Title 39, §39:1595.2 (Lexis 2000) - Reciprocal preference in favor of contractors domiciled in Louisiana is awarded in public works contracts.

Louisiana Revised Statutes, Title 39, §39:1595.3 (2000 Lexis H.B. 102) - A ten percent (10%) preference is awarded to resident vendors to organize or administer rodeos and livestock shows.

Louisiana Revised Statutes, Title 39, §39:1595.5 (2000 H.B. 102) - A ten percent (10%) preference is awarded for items purchased from a retail dealer located in the state of Louisiana.

Louisiana Revised Statutes, Title 39, §39:1595.6 (Lexis 2000) - A ten percent (10%) percent preference is applied for purchasing steel rolled in Louisiana.

Louisiana Revised Statutes, Title 39, §39:1733 (Lexis 2000) - Set aside for awarding to small businesses an amount not to exceed 10 percent of the value of anticipated total state procurement of goods and services, excluding construction.

Title 34 Louisiana Administrative Code, §34:1.301 (Lexis 1998) - Preference for commercially available products. It is the general policy of the State of Louisiana to procure standard commercial products whenever practicable.

Title 34 Louisiana Administrative Code, §34:1.529 (Lexis 1998) - Tie bid - In state contracts awarded by competitive sealed bidding resident business are preferred over nonresident businesses where there is a tie bid.

MAINE:

Maine Revised Statutes Annotated Title 5, §1812-B (Lexis 2000) - Preference of ten percent (10%) to bidders offering paper or paper products with recycled material content.

Maine Revised Statutes Annotated, Title 5, §1825-B (Lexis 2000) - Preference in tie bids to award contracts to in-state bidders or to bidders offering commodities produced or manufactured in the State of Maine if the price, quality and availability and other factors are equivalent. Reciprocal preference applied in favor of Maine businesses.

Maine Revised Statutes Annotated, Title 5, §1826-C (Lexis 2000) - Preference for products and services from work centers. Second preference given to purchases from the Department of Corrections if no bid is received from a work center.

"Work center" means a program that provides vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement. (M.R.S. 1826-B)

Maine Revised Statutes Annotated Title 26, §1301 (Lexis 2000) - Preference in tie bids awarded to workmen and bidders who are residents of the State of Maine for contracts that are greater than $1,000 for constructing, altering, repairing, furnishing or equipping its buildings or public works.

MARYLAND:

Annotated Code of Maryland, Article 24, Title 8, §8-102 (Lexis 2001). "Maryland firm" means a business entity that has its principal office in the State of Maryland.

Reciprocal preference. When awarding a contract by competitive bidding, if the state in which a nonresident firm is located gives an advantage to its resident businesses, a political subdivision or any instrumentality of government within the State may give an identical advantage to the lowest responsive and responsible bid from a Maryland firm over that of a nonresident firm.

Annotated Code of Maryland, State Finance and Procurement Code, §14-206 (Lexis 2001) - Up to a five percent (5%) preference applied to a small business. Percentage preference may vary among industries to account for their particular characteristics. "Small business" preference means a purchase request for which bids are invited from a list of qualified bidders that includes small businesses. (Md. State Finance and Procurement Code, §14-201)

Annotated Code of Maryland, State Finance and Procurement Code, §14-401 (Lexis 2001)- "Resident bidder" means a bidder whose principal office is located in the State of Maryland.

Reciprocal preference applied in favor of resident bidders in procurement contracts for supplies and services. "Preference" includes a percentage preference; an employee residency requirement; or any other provision that favors a resident over a nonresident.

Annotated Code of Maryland, State Finance and Procurement Code, §14-404 (Lexis 2001) - Preference for the use of Maryland coal in the design of a heating system for a building or facility in which the State of Maryland provides at least 50 percent of the money for construction of the building or facility.

Annotated Code of Maryland, State Finance and Procurement Code, §14-405 (Lexis 2001) - Preference, not to exceed five percent (5%), for the purchase of products made from recycled materials. "Recycled materials" means material recovered from or otherwise destined for the waste stream. Recycled materials includes post-consumer material, industrial scrap material, compost and obsolete inventories.

MASSACHUSETTS:

Massachusetts General Laws Annotated, Chapter 7, §22 (Lexis 2001) - Preference in tie bids for supplies and materials manufactured and sold within the State of Massachusetts. An additional preference may be applied for supplies and materials manufactured and sold in cities and towns of Massachusetts that are designated as depressed areas as defined by the Department of Labor of the United States.

Massachusetts General Laws Annotated, Chapter 149, §179A (Lexis 2001) -- Preference in tie bids to U.S. citizens in awarding of public work contracts.

MICHIGAN:

Michigan Statutes Annotated, Title 3, §3.516(261) (Lexis 2000) - Preference in tie bids for services or products manufactured by Michigan-based firms.

Michigan Statutes Annotated, Title 3, §3.516(268) (Lexis 2000) - Reciprocal preference in favor of Michigan business applied in procurements in excess of $100,000.

Michigan Statutes Annotated, Title 3, §3.405(6) (Lexis 2000) - Preference in tie bids for the purchase of fish harvested in the waters of the State of Michigan.

Michigan Statutes Annotated, Title 4, §4.315 (Lexis 2000) - Printing paid wholly or in part with state funds must be printed within the State of Michigan. Firms must use the allied printing trades council union label.

MINNESOTA:

Minnesota Statutes Annotated, §§16B.121 and 16B.122, Subd. 3 (Lexis 2000) - Preference of ten percent (10%) for the purchase of recycled materials.

Minnesota Statutes, Annotated, §16C.06 (Lexis 2000) - Reciprocal preference applied against other states with resident preference in the acquisition of goods and services. A resident vendor shall be allowed a preference over a nonresident vendor from a state that gives or requires a preference to vendors from that state. The preference shall be equal to the preference given or required by the state of the nonresident vendor.

Minnesota Statutes, Annotated, §16C.16 (Lexis 2000) - Set-aside of at least twenty-five percent (25%) of total state procurement of goods and services, including printing and construction to be awarded to small businesses. Small businesses are to have their principal place of business in Minnesota.

A preference of up to six percent (6%) is to be applied to small targeted group businesses. Small targeted group businesses are majority owned and operated by women, persons with a substantial physical disability, or specific minority groups.

Up to a four percent (4%) preference may be award in the amount bid on state construction to small businesses located in an economically disadvantaged area. (See also Minnesota Administrative Code, §1230.1830 (Lexis 2000))

A business is considered to be in an economically disadvantaged area if (1) the owner resides in or the business is located in a county in which the median income for married couples is less than 70 percent of the state median income for married couples; (2) the owner resides in or the business is located in an area designated a labor surplus area by the United States Department of Labor; or (3) the business is a rehabilitation facility or work activity program.

MISSISSIPPI:

Mississippi Code 1972 Annotated, §31-3-21 (Lexis 2001) - Preference in tie bids given to resident bidders of the State of Mississippi for public contracts; and reciprocal preference in favor of in-state bidders for public contracts.

"Public project" is any project for the erection, building, construction, reconstruction, repair, maintenance or related work which is funded in whole or in part with public funds. (See §31-3-1)

Mississippi Code 1972 Annotated, §31-5-23 (Lexis 2001) - Public Works Projects - In the construction of any building, highway, road, bridge or other public work or improvement a preference is awarded in tie bids for the use of only materials grown, produced, prepared, made and or manufactured within the State of Mississippi. The paint, varnish and turpentine used in construction are to be produced in Mississippi.

Mississippi Code 1972 Annotated, §31-7-15 (Lexis 2001) - Preference in tie bids given to resident bidders of the State of Mississippi for commodities grown, processed or manufactured within the State of Mississippi. Preference of ten percent (10%) for products made of recovered materials. "Recovered materials" means those materials having known recycling potential, which can be feasibly recycled and have been diverted or removed from the waste stream for sale, use or reuse, by separation, collection or processing. (Miss. Code Ann. §49-31-9)

Mississippi Code 1972 Annotated, §31-7-47 (Lexis 2001) - Preference in tie bids given to resident bidders of the State of Mississippi in the letting of public contracts, and reciprocal preference when awarding public contracts to out-of-state bidders.

Mississippi Code 1972 Annotated, §73-13-45 (Lexis 2001) [Repealed effective December 31, 2004] - Preference in tie bids given to resident contractors of the State of Mississippi for professional engineering services; and reciprocal preference when awarding to out-of-state contractors for professional engineering services.

MISSOURI:

Missouri Revised Statutes, Title II, §8.280 (Lexis 2001) - Preference to use products from the mines, forests, and quarries of the State of Missouri with the construction or repair of public buildings. Preference is also given for using Missouri materials and labor.

Missouri Revised Statutes, Title IV, §34.031 (Lexis 2001) - Preference in tie bids for the purchase of products made from materials recovered from solid waste. Particular emphasis is given to recycled oil, retread tires, compost materials, and recycled paper products.

The minimum percentage of recycled paper in paper products is as follows: Forty percent (40%) recovered materials from newsprint, eighty percent (80%) recovered materials for paperboard; fifty percent (50%) waste paper in high grade printing and writing paper; and five (5%) to forty percent (40%) in tissue products.

Missouri Revised Statutes, Title IV, §34.060 (Lexis 2001) - Preference in tie bids to purchase materials, products, supplies, provisions, and all other articles produced or manufactured, made or grown within the State of Missouri. A preference in tie bids is also applied in favor of individuals doing business as Missouri firms, corporations, or individuals.

Missouri Revised Statutes, Title IV, §34.070 (Lexis 2001) - Preference in tie bids to all commodities manufactured, mined, produced or grown within the state of Missouri and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals.

Missouri Revised Statutes, Title IV, §34.073 (Lexis 2001 - Preference in tie bids for the performance of any job or service given to bidders doing business as Missouri firms, corporations or individuals, or which maintain Missouri offices or places of business.

Missouri Revised Statutes, Title IV, §34.076 (2001) - Reciprocal preference applied against a bidder domiciled outside the boundaries of the State of Missouri for any public works or product. Reciprocal preference in awarded in favor to a bidder or contractor domiciled in Missouri for products and for public works contracts. Reciprocal preference does not apply to any contractor who is qualified for bidding purposes with the department of transportation and submits a successful bid where part of or all funds are furnished by the United States. It also does not apply to contracts for highways and public transportation where the bid is less than $5,000.

Missouri Revised Statutes, Title IV, §34.080 (Lexis 2001) - Preference in tie bids for the purchase of coal mined in the State of Missouri to be used by any institution supported in whole or in part by public funds of the state. In determining the cost of the coal mined either in the state of Missouri or an adjoining state, the cost of transportation is included in the bid. Institutions do not include municipal corporations, political subdivisions or public school

The term "institution" includes all institutions supported by public funds of the state, but does not include municipal corporations, political subdivisions or public schools.

Missouri Revised Statutes Title IV, §34.090 (Lexis 2001) - Preference is given to any products manufactured by any institution of the state of Missouri.

Missouri Revised Statutes, Title IV, §34.165 (Lexis 2001) - Preference of five bonus points awarded for products or services manufactured, produced or assembled in qualified nonprofit organizations for the blind.

Missouri Revised Statutes Title IV, §34.353 (Lexis 2001) - Domestic Product Procurement Act (Buy American). Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract shall be manufactured or produced in the United States.

EXCEPTIONS: The Buy American Act does not apply: when the purchase, lease, or contract involves an expenditure of less than $25,000; or when only one line of a particular good or product is manufactured or produced in the United States. It also does not apply where the executive head of a public agency certifies in writing that:

(1) The specified products are not manufactured or produced in the United States in sufficient quantities to meet the agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agency's requirements;

(2) Obtaining the specified products manufactured or produced in the United States would increase the cost of the contract by more than ten percent;

(3) The specified products are to be purchased or leased by a state-supported four-year institute of higher education and such certification as required by subdivision

(4) The specified products are to be purchased or leased by a publicly supported institution and such certification as required by subdivision (1) or (2) of this subsection has been made within the last three years; or

(5) The political subdivision has adopted a formal written policy to encourage the purchase of products manufactured or produced in the United States.

Missouri Code of State Regulations, Title 1, Division 40, §4-1.050 (Lexis 2001) - Bids/proposals with a value of $25,000 or more, and bidders/offerors who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement or regulation, shall be entitled to a ten percent (10%) preference over bidders whose products do not qualify.

Bids/proposals submitted for products and services manufactured, produced or assembled in qualified nonprofit organizations for the blind or in sheltered workshops holding a certificate of approval from the Missouri Department of Elementary and Secondary Education shall be entitled to five (5) bonus points in addition to other points awarded during the evaluation process.

MONTANA:

Montana Code Annotated, §18-1-102 (Lexis 2001 Mt. S.B. 90) - Reciprocity - Montana resident bidders are allowed a reciprocal preference against nonresident bidders on public contracts for construction, repair and public works of all kinds, and the purchase of goods. The reciprocal preference given to the resident bidder must be equal to the preference given to the other state or country.

Montana Code Annotated, §18-1-103 (Lexis 2001 Mt. S.B. 90) - Definitions - The word "resident " includes actual residence of an individual within the State of Montana for a period of more than 1 year immediately prior to bidding.

Montana Code Annotated, §18-2-401 (Lexis 2001 Mt. H.B. 500) - Definition for the purpose of labor used in construction contracts pursuant to §18-2-409.

Resident - A "bona fide resident of Montana" is a person who, at the time of employment and immediately prior to the time of employment, has lived in this state in a manner and for a time that is sufficient to clearly justify the conclusion that the person's past habitation in this state has been coupled with an intention to make it the person's home. Persons who come to Montana solely in pursuance of any contract or agreement to perform labor may not be considered to be bona fide residents of Montana.

Montana Code Annotated, §18-2-403 (Lexis 2000) In every public works contract, there must be inserted in the bid specification and the public works contract a provision requiring the contractor to give preference to the employment of bona fide residents of Montana in the performance of the work.

Montana Code Annotated, §18-2-409 (Lexis 2000) - Montana residents to be employed on state construction contracts. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States department of transportation or where residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, at least 50% of the work must be performed by bona fide Montana residents, as defined in 18-2-401. Montana Code Annotated, §18-5-304 (Lexis 2000) -Designation of small business set-asides -Each department, division or agency of the State of Montana has the authority to designate as small business set-asides specified commodities, equipment, or services, except those services rendered and furnished by registered professions, such as but not limited to accountants, attorneys, architects, dentists, engineers, land surveyors, optometrists, physicians, and pharmacists, for which purchase has been requested under the Montana Small Business Purchasing Act. (TO BE REAPEALED JUNE 30, 2003)

"Small business" means a business that is independently owned and operated. The department of administration shall establish a detailed definition by rule using, in addition to the foregoing criteria, other criteria. Small business shall further mean a business domiciled in the state of Montana and that employs more than 50% of its total employed personnel within the boundaries of the state of Montana. (Montana Code Annotated, §18-5-303 (Lexis 2000)) (Repealed effective June 30, 2003--secs. 4(2), 5(2), Ch. 271, L. 1999.)

"Small business set-aside" means a purchase request for which bids are to be invited and accepted only from small businesses by a department. (Montana Code Annotated, §18-5-303 (Lexis 2000)) (Repealed effective June 30, 2003--secs. 4(2), 5(2), Ch. 271, L. 1999.)

Montana Code Annotated, §18-7-107 (Lexis 2001 Mt. S.B. 90) - All printing, binding and stationery work for the State of Montana is subject to the reciprocal preference in §18-1-102.

NEBRASKA:

Nebraska Revised Statutes, §73-101.01 (Lexis 2001) - Reciprocal preference in favor of Nebraska business in the letting of a public contracts for road contract work or any public improvements work, or for supplies, construction, repairs and improvements. (See Nebraska R.S., §73-101)

Nebraska Revised Statutes, §81-15,159 (Lexis 2001-) - Preference to purchase products, materials and supplies which are manufactured or produced from recycled material or which can be ready reused or recycled after their normal use. Preference to purchase corn-based biodegradable plastics and road deicers when available, suitable, of adequate quality, unless at a substantially higher cost.

NEVADA:

Nevada Revised Statutes, Title 27, §333.300 (Lexis 2000) - Preference in tie bids to Nevada businesses for the purchase of supplies, materials and equipment; preference in tie bids with nonresident bidders awarded to bidder who will furnish goods or commodities produced or manufactured in the State of Nevada, or to the bidder who will furnish goods or commodities supplied by a dealer in the State of Nevada.

Nevada Revised Statutes, Title 27, §333.410 (Lexis 2001) - Preference is awarded to state institutions who use the labor of inmates to supply commodities or services.

Nevada Revised Statutes, Title 27, §333.4606 (Lexis 2001) - Preference for recycled products in tie bids for the purchase of goods and products; preference of five percent (5%) to recycled products over comparable nonrecycled products in the purchase of goods and products; preference of ten percent (10%) to a bidder who manufactures a product in Nevada in which at least 50 percent of the weight of the product is post-consumer waste (a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item).

Nevada Revised Statutes, Title 27, §333.4609 (Lexis 2001) - Preference to purchase recycled paper or any paper product in tie bid; and a preference for recycled paper or any paper product that is not more than ten percent (10%) higher than that of paper products made from virgin material.

NEW HAMPSHIRE:

New Hampshire Revised Statutes, Title I, §21-I:14-a (Lexis 2001 N.H. H.B. 111) - Printing and writing paper purchased by or for state agencies is to contain not less than thirty percent (30%) post consumer waste material, and coated printing paper purchased by or for state agencies are to contain not less than ten percent (10%) post consumer waste material.

"Post consumer waste material" means a substance or a finished product which has served its original or intended use and has been discarded for disposal or recovery but does not include any substance or by-product generated by the original manufacturing process. "Post consumer waste material" for paper means de-inked paper and recovered textiles cleaned and bleached for use in the manufacturing of printing and writing paper.

NEW JERSEY:

New Jersey Statutes Annotated, §13:1E-99.24 (Lexis 2001) - Preference given to the purchase of products made from recycled paper or recycled paper products with the highest percentage of post-consumer waste material.

New Jersey Statutes Annotated, §13:1E-99.25 (Lexis 2001) - Preference of ten percent (10%) for the purchase of items which are manufactured or produced from recycled paper or recycled paper products. Up to a fifteen percent (15%) preference may be for recycled paper or recycled paper products when it is determined to be in the best interest of the State of New Jersey.

New Jersey Statutes Annotated, §13:1E-99.27 (Lexis 2001) - Not less than 65 percent of the total dollar amount of paper or paper products purchased by the State is to be made from recycled paper or recycled paper products having a total weight consisting of not less than 50 percent secondary waste paper material and with not less than 25 percent of its total weight consisting of post-consumer waste material; except that high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper and duplicator paper is to be made from recycled paper having a total weight consisting of not less than 50% secondary waste paper material and with not less than 15 percent of its total weight consisting of post-consumer waste material.

New Jersey Statutes Annotated, §13:1E-99.27a (Lexis 2001) - Preference of fifteen percent (15%) for nonpaper finished products or supplies made from recycled material.

New Jersey Statutes Annotated, §52:32-1 (Lexis 2001) - Preference to use manufactured and farm products of the United States in all contracts for state work which the state pays any part of the cost.

New Jersey Statutes Annotated, §52:32-1.4 (Lexis 2001) - Reciprocal preference in favor of New Jersey resident bidders awarded in contracts for goods and services.

New Jersey Statutes Annotated, §52:34-23 (Lexis 2001) The Division of Purchase and Property in the State of New Jersey to give preference for the purchase of items which are made whole or in part from recycled materials.

New Jersey Statutes Annotated, §52:34-24 (Lexis 2001) Preference for items made in whole or in part with the use of recycled materials whenever the price is reasonably competitive and the quality satisfactory.

New Jersey Administrative Code, §17:12-2.13 (Lexis 2001) Reciprocal preference in favor of a New Jersey resident bidder is applied in the evaluation of bids. Reciprocal preference may be waived for (1) procurements supported by Federal funds where Federal rules prohibit the use of residential preferences; (2) if it would result in an award to a vendor which has a poor record of complaints; (3) when a public exigency requires the immediate delivery of articles or performance of the service; and (4) if when after price and other factors are considered, an award is considered to be "most advantageous" to the State of New Jersey.

NEW MEXICO:

New Mexico Statutes Annotated, §13-1-21 (Lexis 2000) - Preference of five percent (5%) to resident businesses and manufacturers; preference of five percent (5%) to resident manufacturers and resident businesses for the purchase of recycled content goods or virgin content goods; preference of ten percent (10%) to resident manufacturers and resident business for the purchase of both recycled content goods and virgin content goods. The preferences do not apply when the expenditure of federal funds is involved for the bid price is greater than five million dollars ($5,000,000).

"Resident business" means a New Mexico resident business or a New York state business enterprise.

"New Mexico resident business" means a business that is authorized to do and is doing business under the laws of the State of New Mexico that (1) maintains its principal place of business in the State of New Mexico; (2) has staffed an office and has paid applicable state taxes for two years prior to awarding of the bid; and (3) is an affiliate of a business that meets the requirements of (1) and (2). "Affiliate" means and entity that directly or indirectly through one or more intermediate controls, is controlled by or is under common control with the qualifying business through ownership of voting securities representing a majority of the total voting power of the entity.

"New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state.

New Mexico Statutes Annotated, §13-1-135.1 (Lexis 2000) - Preference to purchase recycled content goods. "Recycled content goods" means supplies and materials composed in whole or in part of recycled materials, provided that the recycled materials content meets or exceeds the minimum content standards required by bid specifications.

New Mexico Statutes Annotated, §13-1-188 (Lexis 2000) - Preference for state agencies to purchase cars and trucks assembled in North America.

New Mexico Statutes Annotated, §13-1-189 (Lexis 2000) - Preference to purchase personal property and services from correction industries if the bid price is not higher than comparable items of tangible personal property or services.

New Mexico Statutes Annotated, §13-4-1 (Lexis 2000) - Whenever practicable award is to be made to a resident contractor for public works contracts or for the repair, reconstruction, including highway reconstruction, demolition or alteration thereof.

New Mexico Statutes Annotated, §13-4-2 (Lexis 2001 N.M. H.B. 89) - Preference of five percent (5%) to resident contractors for public works contracts. "Resident contractor" means a New Mexico resident business or a New York state business enterprise.

New Mexico Statutes Annotated, §13-4-5 (Lexis 2000) - Preference to be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico or provided or offered by a New York state business enterprise in contracting for materials to be used in the construction or maintenance of public works.

New Mexico Statutes Annotated, §13-4-7 (Lexis 2000) - Preference to use New Mexico timber in the construction or repair work of public buildings.

New Mexico Statutes Annotated, §63-9F-6 (Lexis 2000) - Preference of five percent (5%) awarded to any business that qualifies as a resident business for a telecommunications relay system that will enable impaired individuals to communicate with unimpaired individuals.

NEW YORK:

Consolidated Law of New York, State Finance Law, Article IX, §139-g (Lexis 2001) - State agencies that have let two million dollars in service contracts in a prior fiscal year are to give priority to purchases from small businesses. Small business means a business which is resident in the State of New York, independently owned and operated, not dominant in its field and employs one hundred or less persons (See State Finance Law, Article IX, §135-a)

Consolidated Law of New York, State Finance Law, Article XI, §162 (Lexis 2001) Expires June 30, 2005 - Preferred source status is accorded to the following entities:

Commodities produced by the Department of Correctional Services' Correctional Industries Program (CORCRAFT)

Commodities and services produced by any qualified, charitable, non-profit making agency for the blind approved by the Commissioner of Social Services.

Commodities and services produced by any special employment program serving mentally ill persons, operated by facilities within the Office of Mental Health and approved by the Commissioner of Mental Health.

Commodities and services produced by a qualified veterans' workshop providing job and employment skill training to veterans, operated by the United States Department of Veterans Affairs, that manufactures products or performs services within the State and is approved by the Commissioner of Education.

Consolidated Law of New York, State Finance Law, Article XI, §165.1 (Lexis 2001) - Preference to purchase non-tropical hardwood species. "Non-tropical hardwood species" means any and all hardwood that grows in any geographically temperate regions, as defined by the United States Forest Service, and is similar to tropical hardwood in density, texture, grain stability, or durability. Non-tropical hardwoods include ash, basswood, beech, birch, butternut, cherry, cottonwood, elms, black gum, red gum, hackberry, hickory, maples, oaks, pecan, yellow poplar, sycamore, and black walnut.

Consolidated Law of New York, State Finance Law, Article XI, §165.3.a (Lexis 2001) - Preference of 10 percent for recycled products (a product manufactured from secondary materials). Preference of 15 percent for products in which fifty percent (50%) of the secondary materials utilized in the manufacture of the product are generated from the waste stream in New York State. "Secondary materials" means any material recovered from or otherwise destined for the waste stream, including, but not limited to post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies. It does not include by-products generated from and commonly reused within an original manufacturing process. (Article XI, §165.1)

State Finance Law, Article XI, §165.4-a (Lexis 2001) - New York state labeled wines are provided with favored source status for the purposes of procurement. Procurement of New York state labeled wines are exempt from the competitive procurement statutes.

New York state labelled wine" means wine made from grapes, at least seventy-five percent the volume of which were grown in New York state. (Consolidated Law of New York, Alcoholic Beverage Control Law, §3 (Lexis 2001))

State Finance Law, Article XI, §165.4.a to .b (Lexis 2001) - Preference in the letting of contracts for food products grown, produced or harvested in the State of New York on behalf of facilities and institutions of the State of New York, who are authorized to purchase products locally. The Commissioner of General Services assisted by the Commissioner of Agriculture and Markets determine the percentage of each food product or class that must meet the requirements.

State Finance Law, Article XI, §165.6.a to .e (Lexis 2001) - Office of General Services may deny to non-resident vendors placement on bidders mailing lists and award of contracts for products and services that they would otherwise obtain if their principal place of business is located in a state that penalizes New York state vendors, and if the goods or services offered will be substantially produced or performed outside New York State.

New York state business enterprise, includes a sole proprietorship, partnership, or corporation, which offers for sale or lease or other form of exchange, commodities which are substantially manufactured, produced or assembled in New York state, or services, other than construction services, which are substantially performed within New York state. For purposes of construction services, a New York State business enterprise means a business enterprise, including a sole proprietorship, partnership, or corporation that has its principal place of business in New York State.

NORTH CAROLINA:

General Statutes of North Carolina, §143-59 (Lexis 2000) - State of North Carolina's policy to promote the use of small contractors, minority contractors, physically handicapped contractors, and women contractors in State purchasing of goods and services.

General Statutes of North Carolina, §143-59 (Lexis 2000) - Preference in tie bids for foods, supplies, materials, equipment, printing or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina.

General Statutes of North Carolina, §143-128(f) (Lexis 2000) - The State of North Carolina has a ten percent (10%) goal for participation by minority businesses in the total value of public work contracts to erect, construct, alter or repair any buildings for the State of North Carolina.

"Minority business" means a business in which at fifty-one percent (51%) of the stock is owned by one or more minority persons; and which the management of daily business operations are controlled by one or more of the minority persons who own it. "Minority person" means Black, Hispanic, Asian-American, American Indian or Alaskan Native, or Female.

General Statutes of North Carolina, §148-70 (Lexis 1999) - Preference for purchasing articles, products and commodities which are manufactured or produced by North Carolina's Department of Corrections prison system.

NORTH DAKOTA:

North Dakota Century Code, §44-08-01 (Lexis 2000) - Reciprocal preference awarded in favor of North Dakota business for the purchase of any goods, merchandise, supplies, equipment, and contracting to build or repair any building, structure, road, or other real property.

North Dakota Century Code, §46-02-15 (Lexis 2000) - Preference when practicable for all public printing, binding and blank book manufacturing, blanks, and other printed stationery, to be done in the State of North Dakota.

North Dakota Century Code, §48-02-10 (Lexis 2000) Preference in tie bids to purchase materials manufactured or produced within the State of North Dakota, and second, to purchase such as have been manufactured or produced in part in North Dakota for making alterations, repairs, additions, or erecting new public buildings.

North Dakota Century Code, §48-02-10.2 (Lexis 2000) - Preference in tie bids for furnishing materials, products and supplies which are found, produced, or manufactured within the State of North Dakota from native natural resources.

OHIO:

Ohio Revised Code Annotated Title 1, §125.09 (Anderson 2001) - Preference for United States and Ohio products. Vendors from border states who do not impose greater restrictions on Ohio bidders are treated as Ohio bidders. Also, bidders with a significant Ohio economic presence shall qualify for award of a contract on the same basis as if their products were produced in the State of Ohio

Ohio Revised Code Annotated Title 1, §125.11 (Anderson 2001) - Department of Administrative Services, prior to awarding a contract, will first remove from bids goods or supplies that are not produced or mined in the United States. From among the remaining bids, preference to be given to bidders with goods or supplies produced or mined in Ohio.

Ohio Revised Code Annotated Title 1, §125.56 (Anderson 2000) - All printing to be executed within the State of Ohio except for printing contracts requiring special, security paper. Preference of five percent (5%) to Ohio bidders in printing contracts requiring special, security paper.

Ohio Revised Code Annotated Title 1, §153.012 (Anderson 2001) - Reciprocal preference in favor of contractors who have their principal place of business in Ohio, for construction, public improvement, including highway improvement, contracts.

Ohio Administrative Code, Chapter 123:5-1, §123:5-1-06 (Anderson 2001) - Domestic Ohio Bid preference with respect to supply and service contracts, other than construction contracts. A preference of five percent (5%) is awarded to a Ohio bid. Ohio bid" means a bid received from a bidder offering Ohio products or a bidder demonstrating significant Ohio economic presence. (§123:5-1-01 Definitions (Anderson 2001))

Preference is awarded to Ohio bids or bidders who are located in a border state, provided that the border state does not impose a greater restriction than contained in the Ohio Revised Code, §§125.09 and 125.11. "Border state" means any state that is contiguous to Ohio and that does not impose a restriction greater than Ohio imposes pursuant to section 125.09 of the Revised Code. (§123:5-1-01 Definitions (Anderson 2001)

Ohio Administrative Code, Chapter 123:5-1, §123:5-1-09 (Anderson 2001) - State departments, boards, offices, commissions, agencies, institutions, the Ohio Supreme Court, all courts of appeal, and all courts of common pleas, may purchase recycled products when (1) the recycled product is substantially equivalent to the non-recycled product and is commercially available in sufficient quantities; (2) the recycled product is consistent and substantially equivalent to regulations pursuant to the "Resource Conservation and Recovery Act of 1976, Stat. 2806, 42 U.S.C.A 6921; and (3) when it is economically feasible. A five percent (5%) preference over the lowest price offered for non-recycled products is awarded to comparable recycled products.

OKLAHOMA:

Oklahoma Statutes, Title 61, §6 (Lexis 2000) - preference is given to materials mined, quarried, manufactured or procured within the State of Oklahoma, provided that the same can be procured at no greater expense than like material or materials of equal quality from without the state.

Oklahoma Statutes 1991 Title 61. §51 (Lexis 2000) - All agencies, boards, commissions, offices, institutions, or other governmental bodies of the State of Oklahoma are to give preference to purchasing goods and equipment manufactured or produced in the United States of America as determined pursuant to federal and state law, unless: (1) a foreign-made product is substantially cheaper and of equal quality; (2) a foreign-made product is of substantially superior quality to competing American products and is sold at a comparable price; or (3) a reciprocal trade agreement or treaty has been negotiated by the State of Oklahoma or by the United States government on behalf of or including the State of Oklahoma with a foreign nation or government for nondiscriminatory governmental procurement practices or policies with such foreign nation or government.

The state and any political subdivision may apply a preference of two and one-half percent (2 1/2%) to the cost of goods and equipment manufactured or produced in the United States of America over foreign-made products; provided that such preferences shall not be for goods or equipment of inferior quality to those offered from outside the United States of America. This preference shall not be in addition to any other preference for which such goods or equipment may be eligible pursuant to law.

Oklahoma Statutes Title 74, §85.17a (Lexis 2001 OK. H.B. 1090) - State agencies to apply reciprocal preference against the bidding preference of other states or nations that is applied in favor of bidders domiciled in their jurisdictions for acquisitions.

Oklahoma Statutes Title 74, §85.45c (Lexis 2000) - A maximum of five percent (5%) bid preference is awarded to minority business enterprises if the amount of funds expended on state contracts awarded to minority business enterprises is less than the ten percent (10%) goal of funds expended on state contracts awarded to minority businesses.

Oklahoma Statutes Title 74, §85.53 (Lexis 2000) - Preference to purchase from suppliers of recycled paper products and products manufactured from recycled materials.

OREGON:

Oregon Revised Statutes, Title 26, §279.021 (Lexis 1999) - Preference for goods or services that have been manufactured or produced in the State of Oregon.

Oregon Revised Statutes, Title 26, §279.029, (Lexis 1999) and Oregon Administrative Rules, §125-030-0070 (Lexis 2000) - Reciprocal preference in favor of Oregon businesses for public contracts. A resident bidder is a bidder who has paid unemployment taxes or income taxes in the State of Oregon for one year immediately preceding submission of the bid.

Oregon Revised Statutes, Title 26, §279.555, (Lexis 1999) and Oregon Administrative Rules, §125-030-0028 (Lexis 2000) - State agencies are to use and require persons with whom they contract to use, in the performance of the contract work, to the maximum extent economically feasible, recycled paper, recycled polyethylene material, as well as other recycled plastic resin products. (See also §279.567 for preference to use recycled polyethylene material, as well as other recycled plastic resin products)

Oregon Revised Statutes, Title 26, §279.570 (Lexis 1999) and Oregon Administrative Rules, §125-030-0028 (Lexis 2000) - Preference of five percent (5%) for materials and supplies manufactured from recycled materials. "Recycled material" means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled. (O.R.S. §279.545)

Oregon Revised Statutes, Title 26, §279.590 (Lexis 1999) - Preference of five percent (5%) to bidder whose oil products contain the greater percentage of recycled oil. "Recycled oil" means oil that has been prepared for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing or other means provided that the preparation or use is operationally safe, environmentally sound and complies with all laws and regulations. (O.R.S. §279.580)

Oregon Revised Statutes, Title 26, §279.621 (Lexis 1999) and Oregon Administrative Rules, §125-030-0028 and §125-030-0030 (Lexis 2000) - Preference of twelve percent (12%) awarded to bidder or suppliers of recycled paper.

Oregon Revised Statutes, Title 26, §282.210 (Lexis 1999) - All printing, binding and stationery work for the state and political subdivisions to be performed in the State of Oregon.

Oregon Revised Statutes, Title 30, §346.220, (Lexis 1999) - Preference for products of visually impaired in state purchases.

PENNSYLVANIA:

Pennsylvania Consolidated Statutes, Title 53, Chapter 15, §4000.1505 (Lexis 2000) - Preference of five percent (5%) is awarded to bidders which certify that the goods, supplies, equipment, materials and printing subject to the bid contain a minimum percentage of recycled content that is set forth in the invitation for bids.

Tie bids are awarded to the bidder which provides for the greatest weight of recycled content in goods, supplies, equipment, materials, or printing set forth in the invitation for bids.

The minimum percentage of recycled content for goods, supplies, equipment materials, or printing are set forth in the procurement guidelines adopted by the Environmental Protection Agency under the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 USC §6901 et seq.)

Pennsylvania Consolidated Statutes, Title 62, Chapter 1 §103 (Lexis 2000) Supplies means any property, including, but not limited to equipment, materials, printing, insurance and leases of an installment purchases of tangible or intangible personal property. The term does not include real property, leases of real property or alcoholic beverages or liquor purchased for resale by the Pennsylvania Liquor Control Board.

Pennsylvania Consolidated Statutes, Title 62, Chapter 1, §107 (Lexis 2000.) - Reciprocal preference is applied against a nonresident bidder in the purchase, invitation for bids, or request for proposals, for procurement of supplies exceeding $10,000 to be given to those bidders offering supplies produced, manufactured, mined, brown, or performed in the State of Pennsylvania.

Reciprocal preference is applied against a nonresident bidder in the award of construction contracts, exceeding $10,000. (See 62 Pa.C.S. §514)

Resident bidder or offeror means a person, partnership, corporation or other business entity authorized to transact business in the State of Pennsylvania and having a bona fide establishment for transacting business in the State of Pennsylvania.

Pennsylvania Consolidated Statutes, Title 62, Chapter 1, §108 (Lexis 2000) - Preference for supplies containing minimum percentage of recycled content.

Pennsylvania Administrative Code, Title 25, §272.226 (Lexis 2000) - Recyclable materials include clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper, plastics, other marketable grades of paper and leaf waste.

RHODE ISLAND:

General Laws of Rhode Island, §37-2.2-3 (Lexis 2001) - Preference for the state to purchase articles made or manufactured and services provided by persons with disabilities in nonprofit rehabilitation facilities, or in profit making facilities where 75 percent of the employees are disabled.

General Laws of Rhode Island, §37-2-8 (Lexis 2001) - Preference for Rhode Island state institutions are to purchase foodstuffs of good quality grown or produced in Rhode Island by Rhode Island farmers when they are available.

General Laws of Rhode Island, §37-2-59.1 (Lexis 2001) - Preference in tie bids for professional contracts entirely supported by state funds to be awarded to architectural, engineering, and consulting firms with their place of business located in Rhode Island. Second preference in tie bids awarded to architectural, engineering, and consulting firms who propose a joint venture with a Rhode Island firm.

General Laws of Rhode Island, §37-2-76 (Lexis 2001) - 50% of the annual expenditure for office paper products purchased by the state of Rhode Island, its agencies, and departments shall be for recycled paper products.

General Laws of Rhode Island, §37-2-76.1 (Lexis 2001) - Recycled product means a product containing preconsumer content and post consumer content.

SOUTH CAROLINA:

Code Of Laws Of South Carolina Annotated, Title 11, Article 5, §11-35-1520 (Lexis 2000) In competitive sealed bidding involving contracts of $25,000 or more, preference is awarded in tie bids to a South Carolina firm that is tied with an out-of-state firm. Preference is also awarded to the bidder with South Carolina produced or manufactured products who is tied with a bidder having items produced or manufactured out-of-state.

Code Of Laws Of South Carolina Annotated, Title 11, Article 5, §11-35-1524 (Lexis 2000) Preference of seven percent (7%) provided to residents of South Carolina or whose products are made, manufactured, or grown in South Carolina. An addition three percent preference is awarded to a bidder who is both a resident of South Carolina and whose products are made, manufactured, or grown in South Carolina.

Code Of Laws Of South Carolina Annotated, Title 12, Article 29, §12-28-2930 (Lexis 2000) Set-asides of five percent (5%) of the total state source highway funds are to be expended through direct contracts for $250,000 or less to small business concerns owned and controlled by socially and economically disadvantaged ethnic minorities, and to firms owned and controlled by disadvantaged females.

Preference of 2.5% (two and one-half percent) awarded to South Carolina contractors in tie bids for highway, bridge, and building construction and building renovation contracts.

Code Of Laws Of South Carolina Annotated, Title 24, Article 3, §24-3-330 (Lexis 2000)- Preference for all offices, departments, institutions and agencies of South Carolina to purchase articles or products made or produced by convict labor in the State of South Carolina.

Code Of Laws Of South Carolina Annotated, Title 44, Article 1, §44-96-140 (Lexis 2000) - Preference for all state agencies or political subdivisions using state funds to procure products and materials with a recycled content. The State of South Carolina has 25% goal in their procurement policies to purchase products and materials with recycled content.

Code Of Laws Of South Carolina Annotated, Title 44, Article 1, §44-96-180 (Lexis 2000) - All state agencies, all political subdivisions using state funds, and all persons contracting with state agencies and political subdivisions are to procure recycled lead-acid batteries where practicable, subject to the provisions of §44-96-140.

SOUTH DAKOTA:

South Dakota Codified Laws Annotated, §§5-19-1 and 5-19-2 (Lexis 2001) - Preference for materials, products and supplies which are found, produced or manufactured within the State of South Dakota.

South Dakota Codified Laws Annotated, §5-19-3 (Lexis 2001) - Reciprocal preference in favor of South Dakota businesses in contracts for public works or improvement, goods, merchandise, supplies, and equipment. Resident bidder is any person who has been a bona fide resident of the State of Dakota for one year or more immediately prior to bidding upon a contract. (S.D. Codified Laws, §5-19-4).

South Dakota Codified Laws Annotated, §5-20-2 (Lexis 2001) - Preference for the officials, boards and commissions and political subdivisions of the State of South Dakota to purchase goods and services, or custodial and maintenance services from qualified agencies of the state.

South Dakota Codified Laws Annotated, §5-23-13 (Lexis 2001) - Preference in tie bids to any person, firm, or corporation who has his or its principal place of business in the State of South Dakota and to goods manufactured in South Dakota.

South Dakota Codified Laws Annotated, §5-23-21.2 (Lexis 2001) - Reciprocal preference in favor of a resident bidder against a bidder from any state which enforces a preference for resident bidders is applied in state purchasing and printing contracts.

South Dakota Codified Laws Annotated, §5-23-45 (Lexis 2001) - Preference of ten percent (10%) applied to bids supplying recycled or starch-based materials.

TENNESSEE:

Tennessee Code Annotated, §12-3-808 (Lexis 2001) Preference in tie bids to purchase goods or services from small businesses and minority owned businesses.

"Minority business" means a business which is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of such business and who is impeded from normal entry into the economic mainstream because of (1) past practices of discrimination based on race, religion, ethnic background, or sex; (2) a disability; and (3) past practices of racial discrimination against African-Americans. (Tennessee Code, §12-3-802)

"Small business" means a business which is independently owned and operated, in accordance with the provisions of this part, and is not dominant in its field of operation. (Tennessee Code §12-3-802).

Tennessee Code Annotated, §12-3-809 (Lexis 2001) - Preference in tie bids for departments, agencies and institutions of the State of Tennessee to purchase meat, meat food products or meat by-products from in-state meat producers.

Tennessee Code Annotated, §12-3-810 (Lexis 2001) - Preference for public education institutions to purchase meat, meat food products or meat products from producers located within the State of Tennessee.

Tennessee Code Annotated, §12-3-811 (Lexis 2001) - All state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities to award a preference in tie bids to in-state coal mining companies.

Tennessee Code Annotated, §12-3-812 (Lexis 2001) - All state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities to award a preference in tie bids to in-state natural gas producers.

Tennessee Code Annotated, §12-4-802 (Lexis 2001) - Reciprocal preference allowed to residents of Tennessee, and residents of another state that do not have a preference in public construction contracts against another state that is contiguous to Tennessee and allows a preference to a resident contractor of that state.

Tennessee Code Annotated, §71-4-703 (Lexis 2001) - Preference to purchase all services or commodities that are available and certified by the Board of Standards from qualified nonprofit work centers for the blind or agencies serving individuals with severe disabilities.

TEXAS:

Texas Codes Annotated, Government Code Annotated, Title 4, §466.106 (Lexis 2000) - Preference in tie bids for lottery equipment or supplies produced in the State of Texas or services or advertising offered by a bidder from the State of Texas. If bidders from the State of Texas are not equal in cost and quality, then lottery equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising.

Texas Codes Annotated, Government Code, §497.024 (Lexis 2000) - Preference for state agencies to purchase prison-made articles or products.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.441 (Lexis 2000) - Preference for products from workshops, organizations, or corporations whose primary purpose is training and employing individuals having mental retardation or a physical disability if they meet state specifications.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.442 (Lexis 2000) - Preference in tie bids given to bidders with energy efficient products.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.443 (Lexis 2000) Preference to bidders of rubberized asphalt paving made from scrap tires by a facility located in the State of Texas if the cost as determined by a life-cycle cost benefit analysis does not exceed by more than 15 percent the bid cost of alternative paving materials.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.444 -(Lexis 2000) - First preference is given in tie bids for goods and agricultural products produced or grown in Texas, or offered by Texas bidders, that are of equal cost and quality to other states of the United States. Second preference is given in tie bids for goods and agricultural products from other states of the United States over foreign goods and agricultural products that are of equal cost and quality.

Preference is also given to Texas vegetation native to the region in purchases for vegetation for landscaping purposes, including plants.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.445 (Lexis 2000) Preference for recycled, remanufactured, or environmentally sensitive products if the product meets State of Texas specifications regarding quantity and quality.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.446 (Lexis 2000) Preference for paper containing the highest proportion of recycled fibers.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.447 (Lexis 2000) - Preference for motor oil and automotive lubricants that contain at least 25 percent recycled oil if cost to the State of Texas and quality are comparable to those of new oil and lubricants.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2155.449 (2001 Lexis S.B. 311) - Preference in tie bids for products and services from an economically depressed or blighted area. The cost of the good or service cannot exceed the cost of other similar products or services that are not produced in an economically depressed or blighted area.

"Economically depressed or blighted area" is either an area that is defined by the Texas Government Code, §2306.004 as defined below, or meets the definition a historically underutilized business zone as defined by 15 U.S.C. §632(p) also defined below.

"Economically depressed or blighted area" means an area:

(A) that is a qualified census tract as defined by Section 143(j), Internal Revenue Code of 1986 (26 U.S.C. Section 143(j)) or has been determined by the housing finance division to be an area of chronic economic distress under Section 143, Internal Revenue Code of 1986 (26 U.S.C. Section 143 ) ;

(B) established in a municipality that has a substantial number of substandard, slum, deteriorated, or deteriorating structures and that suffers from a high relative rate of unemployment; or

Historically underutilized business zone. The term "historically underutilized business zone" means any area located within 1 or more-- (A) qualified census tracts; (B) qualified nonmetropolitan counties; (C) lands within the external boundaries of an Indian reservation; or (D) redesignated areas. (15 U.S.C. 632(p))

Texas Codes Annotated, Government Code, Title 10, Subtitle D, §2158.0031 (Lexis 2000) - Preference for state agencies to purchase passenger vehicles or other ground transportation vehicles for general use that are economical, fuel-efficient vehicles assembled in the United States.

Texas Codes Annotated, Government, Title 10, Subtitle D, §2171.052 (Lexis 2000) - Preference given to resident entities of the State of Texas for contracts with travel agents.

Texas Codes Annotated, Government Code Annotated, Title 10, Subtitle D, §2252.002 (Lexis 2000) Reciprocal preference in favor of Texas businesses for all governmental contract.

Title 1, Texas Administrative Code, Chapter 113, §113.8 (Lexis 2000) - Preferences listed are for Texas resident bidders; Texas and United States products; certified Historically Underutilized Business; products of persons with mental or physical disability; recycled, remanufactured or environmentally sensitive products; energy efficient products; rubberized asphalt paving material; and recycled motor oil and lubricants.

Texas Codes Annotated, Transportation Code, §223.047 (Lexis 2000) - Preference of fifteen percent (15%) is awarded to a bid that provides for using, as a part of the paving material, rubberized asphalt paving made from scrap tires.

"Rubberized asphalt" means an asphalt material containing at least 15 percent by weight of a reacted whole scrap tire.

"Scrap tire" means a tire that can no longer be used for its original intended purpose.

Texas Administrative Code, Chapter 113, §113.137 (Lexis 2001) - State agencies are to apply a preference for the following commodities or services which have been designated as "first choice" products: (1) Re-refined oils and lubricants; (2) Recycled-content toilet paper, toilet seat covers and paper towels; and (3) Recycled-content printing, computer and copier paper, and business envelopes.

UTAH:

Utah Code Annotated, §63-56-20.5 (Lexis 2000) - Reciprocal preference in favor of Utah businesses for goods, supplies, equipment, materials and printing.

Utah Code Annotated, §63-56-20.6 (Lexis 2000) - Reciprocal preference in favor of Utah businesses for construction contracts.

Utah Code Annotated, §63-56-20.7 (Lexis 2000) - Preference of five percent for the purchase of recycled paper or paper products.

"Paper" means any newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeographic paper, duplicator paper, and related types of cellulosic material containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings, or saturants.

"Paper product means any paper items or commodities, including paper napkins, towels, corrugated and other cardboard, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings, or saturants. "Paper product" does not include preprinted cellulosic products such as books, newspapers, calendars and magazines.

Utah Code Annotated, §63-56-35.6 (Lexis 2000) - Preference for state departments, agencies and institutions to procure goods and services produced by Utah Correctional Industries Division.

Utah Code Annotated, §63-56-35.8 (Lexis 2000) - Preference for procurements from a sheltered workshop if products meet needs and specifications, can be supplied within a reasonable amount of time, and price is reasonably competitive. "Sheltered workshop" means a nonprofit organization operated in the interest of severely disabled individuals.

VERMONT:

Vermont Statutes Annotated, Title Twenty-Nine, Part 2, Chapter 49, §903 (Lexis 2001) - Preference of five percent (5%) to purchase recycled materials or products. Recycled materials include recycled paper products, retreaded automobile tires, re-refined lubricating oil, used automotive parts, reclaimed solvents, recycled asphalt, recycled concrete and compost materials.

Vermont Statutes Annotated, Title Twenty-Nine, Part 2, Chapter 55, §§1401 and 1402 (Lexis 2001) - When purchasing fire and casualty insurance coverage for the benefit of the State of Vermont, preference is applied to Vermont-domiciled companies and independent agents licensed in and resident of Vermont when consistent as to coverages, services and the best interest of the State of Vermont.

VIRGINIA:

Code of Virginia Annotated, 11-47 (Lexis 2000) - Preference in tie bids given to goods, services and construction produced in Virginia or provided by Virginia persons, firms or corporations; reciprocal preference for the purchase of goods, services, and construction applied against other states having resident preferences; preference in tie bids occurring after existing price preferences taken into account awarded to bidder whose goods contain the greatest amount of recycled content.

Code of Virginia Annotated, 11-47.1 (Lexis 2000) - Preference of four percent (4%) to bidder offering coal mined in Virginia.

Code of Virginia Annotated, 11-47.2 (Lexis 2000) - Preference of ten percent (10%) to bidder offering recycled paper and paper products.

WASHINGTON:

Revised Code of Washington, §39.04.133 (Lexis 2001) - State's preference for the purchase and use of recycled content products in the design and development of state capital improvement projects.

Revised Code of Washington, §43.19.520 (Lexis 2001) - Preference to purchase products and services from sheltered workshops and programs for the handicapped and disadvantaged.

Revised Code of Washington, §43.19.535 (Lexis 2001) - Preference to bidder providing goods or services to a state agency if goods or services are provided whole or in part by an inmate work program of the department of corrections; and an amount at least fifteen percent of the total bid amount will be paid by the bidder to inmates as wages.

Revised Code of Washington, §43.19.538 (Lexis 2001) - Preference in state purchasing for the purchase of products containing recycled material.

Revised Code of Washington, §43.19.637 (Lexis 2001) - Preference for vehicles designed to operate exclusively on clean fuels.

Revised Code of Washington, §43.19.700 (Lexis 2001) - Reciprocity preference in favor of Washington businesses.

Washington Administrative Code, Chapter 236, §236-48-085 (Lexis 2000) - Reciprocal preference - In procuring goods and services, an appropriate percentage penalty will be added to an out-of-state bid by the Office of State Procurement, if the bidder's state has in-state preference clauses. States with only reciprocity will not be included.

Washington Administrative Code, Chapter 236, §236-48-096 (Lexis 2000) - Preference of ten percent (10%) for goods containing recovered material. The bidder must certify the minimum percent content of recovered material as set forth in the invitation to bid.

WEST VIRGINIA:

West Virginia Code Annotated, §5-19-2 (Lexis 2001) - 20 percent domestic preference over foreign products involving public contracts over $5,000 or steel contracts involving over $50,000 or over 10,000 pounds; 30 percent preference if domestic production is in area determined by the U.S. Department of Labor to be a "substantial labor surplus area".

West Virginia Code Annotated, §5A-3-37 (Lexis 2001) - "Resident bidder" means an individual who has resided in West Virginia continuously for four years, or a partnership, association, corporation resident vendor, or a corporation nonresident vendor that has an affiliate or subsidiary that employs a minimum of one hundred state residents and which has maintained its headquarters or principal place of business within West Virginia.

The following preferences are listed under §5A-3-37: Preference of two and one-half percent (2.5%) to resident bidders for construction contracts over $50,000; preference of 2.5 percent to resident bidders who employ at least 75 percent West Virginia residents; and preference of 2.5 percent to nonresident vendors who employ at least 100 residents and have at least 75 percent resident employees;

West Virginia Code Annotated, §5A-3-37a (Lexis 2001) - Reciprocal preference in the purchase of commodities or printing except where the provisions of §5A-3-37 may apply.

West Virginia Code Annotated, §18B-5-4 (Lexis 2001) - Preference for resident bidders in the purchase or acquisition of materials, supplies, equipment and printing by institutions of higher education.

West Virginia Code Annotated, §20-11-7 (Lexis 2001) - Preference of ten percent (10%) for recycled products. Priority given to paper products with highest post-consumer content.

WISCONSIN:

Wisconsin Statutes, §16.75(1)(a)(2) (Lexis 2000) - Preference awarded to Wisconsin producers, distributors, suppliers and retailers, in the purchase of materials, supplies, equipment, and contractual services over non Wisconsin bidders who are from a state that grants a resident preference.

Wisconsin Statutes, §16.75(c)(2g) (Lexis 2000) - Purchases of products or goods from Wisconsin's prison industries, other than printing or stationery, are not subject to the competitive bidding process.

Wisconsin Statutes, §16.754 (Lexis 2000) and Wisconsin Administrative Code §7.07 (Lexis 2001) - Preference for American-made materials. The State of Wisconsin is to purchase materials which are manufactured to the greatest extent in the United States.

Exemptions are provided for materials purchased (1) for the purpose of commercial resale or for the purpose of use in the production of goods for commercial sale; (2) for the purchase of stationery and printing materials; (3) if the Wisconsin Department of Administration determines that the foreign nation or subdivision thereof in which the vendor is domiciled does not give preference to vendors domiciled in that nation or subdivision in making governmental purchases; (4) if the department or other person having contracting authority in respect to the purchase determines that the materials are not manufactured in the United States in sufficient or reasonably available quantities; and that (5) the quality of the materials is substantially less than the quality of similar available materials manufactured outside the United States.

Wisconsin Statutes, §16.855(1) (Lexis 2000) - Preference to resident bidders in construction projects where the cost exceeds $30,000 is applied against states that impose a resident preference.

Wisconsin Statutes, §16.855(10m)(a) (Lexis 2000) - Preference of five percent (5%) to minority businesses in the letting of construction contracts.

Wisconsin Statutes, §44.57 (Lexis 2000) - Preference to resident artists for works of art in state buildings.

Wisconsin Administrative Code, §8.03 - Tie bids - Wisconsin suppliers are preferred over out-of-state suppliers in tie bids.

WYOMING:

Wyoming Statutes Annotated, §9-2-1016(b)(iv)(G) (Lexis 2000) - Preference of five percent (5%) given to a nonprivate sector bidder over a private sector bidder in awarding bids or contracts for supplies or services if competitive sealed bidding is required.

§9-2-1016(g) All meat used or purchase for use in any Wyoming state institution is to be produced and processed within the United States.

Wyoming Statutes Annotated, §16-6-102 (Lexis 2000) and Weil's Code of Wyoming Rules 006-160-006§1 (Lexis 2000) - Preference of five percent (5%) given to a certified resident bidder in public works contracts for the erection, construction, alteration or repair of any public building, or other public structure, or for making any addition thereto, or for any public work or improvement. A successful resident bidder cannot subcontract more than twenty percent of the work covered by his contract to nonresident contractors (§16-6-103).

A resident bidder cannot contract more than twenty percent (20%) of the work covered by his contract to a nonresident contractor. (See §16-6-103).

Wyoming Statutes Annotated, §16-6-105 (Lexis 2000) - Preference of five percent (5%) in public purchases for Wyoming materials, supplies, agricultural products, equipment and machinery manufactured or grown in the State of Wyoming.

"Agricultural product" means any horticultural, viticultural, vegetable product, livestock, livestock product, bees or honey, poultry or poultry product, sheep or wool product, timber or timber product.

Wyoming Statutes Annotated, §16-6-301 (Lexis 2000) and Weil's Code of Wyoming Rules 006-160-006§2 (Lexis 2000) - Preference of ten percent (10%) given to resident bidders in public printing contracts.

Wyoming Statutes Annotated , §16-6-803 (Lexis 2000) and Weil's Code of Wyoming Rules 006-160-006§4 (Lexis 2000) Preference is given to Wyoming artists for works of art in the public buildings of the State of Wyoming.

Weil's Code of Wyoming Rules 006-160-006§6 (Lexis 2000) - A five percent (5%) preference is awarded to Wyoming contractors for any contractual service. Resident laborers, workmen and mechanics are to be used whenever possible, provided that Wyoming materials and products of equal quality and desirability are given preference over materials or products produced outside the State of Wyoming.

For questions concerning the Bidder Preference List, please contact the Office of General Counsel at (512) 463-3960.

TRD-200103632

Cynthia J. Hill

Acting General Counsel

General Services Commission

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Iso-Tex Diagnostics, Incorporated, dba Biotecx Laboratories

Texas Department of Health

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Iso-Tex Diagnostics, Incorporated, doing business as Biotecx Laboratories (licensee-L02999) of Friendswood. A total penalty of $15,000 is proposed to be assessed to the licensee for alleged violations of 25 Texas Administrative Code, §289.252 and a condition of its radioactive materials license.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200103644

Susan K. Steeg

General Counsel

Texas Department of Health

Notice of Request for Proposals for Syphilis Elimination Activities

INTRODUCTION

The Texas Department of Health (department) requests proposals from community based organizations (CBOs) in the Dallas metropolitan area that are representative of and serve the communities affected by syphilis, specifically the African American, Hispanic, and men who have sex with men (MSM) communities, to coordinate a grassroots response to the challenge of eliminating syphilis in the United States, as contemplated in The National Syphilis Elimination Plan. The project period will be from January 1, 2002, through December 31, 2002. The department is seeking to select one or more community-based organizations that serve the affected communities to perform one or more of the following four activities:

assist the department and the Dallas County Health and Human Services Department (DCHHSD) Sexually Transmitted Disease (STD) Program in maintaining and coordinating a Syphilis Elimination Community Coalition and collaborative partnership among local businesses, community clinics and community based organizations, to include purchase of media for a Syphilis elimination campaign;

within the African-American community affected by Syphilis, work with the department and the DCHHSD STD Program to expand Syphilis screening, improving access to and utilization of services by the community; enhance outreach, including identification, testing, education and risk reduction of high risk persons; provide culturally competent interventions, as identified and recommended by the Syphilis Elimination Community Coalition; identify gaps in services or barriers to accessibility of services for at-risk individuals; and raise awareness of and mobilize community involvement and resources in the elimination of Syphilis;

within the Hispanic community affected by Syphilis, work with the department and the DCHHSD STD Program to expand Syphilis screening, improving access to and utilization of services by the community; enhance outreach, including identification, testing, education and risk reduction of high risk persons; provide culturally competent interventions, as identified and recommended by the Syphilis Elimination Community Coalition; identify gaps in services or barriers to accessibility of services for at-risk individuals; and raise awareness of and mobilize community involvement and resources in the elimination of Syphilis; and

within the men who have sex with men community affected by Syphilis, work with the department and the DCHHSD STD Program to expand Syphilis screening, improving access to and utilization of services by the community; enhance outreach, including identification, testing, education and risk reduction of high risk persons; provide culturally competent interventions, as identified and recommended by the Syphilis Elimination Community Coalition; identify gaps in services or barriers to accessibility of services for at-risk individuals; and raise awareness of and mobilize community involvement and resources in the elimination of Syphilis.

Each of the four activities will be funded, and applicants may apply to perform one or more of the activities. In addition to the above activities, each awardee will be required to participate in the performance of a Rapid Ethnographic Community Assessment Project (RECAP), in conjunction with the department and the DCHHSD. Project proposals will be reviewed and awarded on a competitive basis.

PURPOSE

The specific purposes of community involvement in Syphilis elimination are to:

acknowledge and respond to the effects of racism, poverty, and social issues relevant to the persistence of syphilis in the United States;

develop and maintain partnerships to increase the availability of and accessibility to quality preventive and care services; and

assure that affected communities are collaborative partners in developing, delivering, and evaluating syphilis elimination interventions.

ELIGIBLE APPLICANTS

Eligible entities include community based organizations located within the Dallas metropolitan statistical area that are representative of and serve the communities affected by Syphilis and are or will become members of the Dallas-area Syphilis Elimination Community Coalition. Individuals are not eligible to apply. Applicants must have experience and/or expertise in working with the target populations. Entities that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply. Applicants must provide historical evidence of fiscal and administrative responsibility as outlined in the Administrative Information of the grant instructions. For purposes of this announcement, organizations that are representative of and serve the affected communities are defined as those that have (1) a governing board composed of more than 50% of the affected community members; (2) a significant number of individuals from the affected community in key program positions (including management, administrative, and service provision); and (3) an established record of service to the affected community. In addition, if the organization is a local affiliate of a larger organization with a national board, the larger organization must meet the same requirements listed above.

AVAILABLE FUNDS

Award of these funds is contingent upon annual federal grant awards to the department from the Centers for Disease Control and Prevention. This announcement is made prior to the award of these funds to allow applicants sufficient time to respond by the application due date. Award of these funds is contingent upon satisfactory completion of the grant application and the negotiation process. The projected total amount available for all four activities is approximately $154,141 per year. The department expects to fund one or more projects for the project period January 1, 2002, through December 31, 2002.

DEADLINE

Applications must be received by the Manager, Grants and Contracts Branch, HIV/STD Health Resources Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, on or before 5:00 p.m., Central Daylight Saving Time, September 27, 2001. No facsimiles will be accepted.

FOR INFORMATION

For a copy of the Request for Proposals (RFP), contact Ms. Laura Ramos, HIV/STD Health Resources Division, at (512) 490-2525 or by email: laura.ramos@tdh.state.tx.us. No copies of the RFP will be released prior to July 27, 2001.

TRD-200103629

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 26, 2001

Notice of Texas Department of Health 2001 Income Guidelines and Schedule of Charges for Clinical Health Services

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TRD-200103653

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 27, 2001

Texas Health and Human Services Commission

Planning Forum and Public Hearing

The Health and Human Services Commission (HHSC), in collaboration with the Health and Human Services agencies and the Betty Hardwick Mental Health and Mental Retardation Center, will conduct one of a series of statewide public hearings to receive public comment on the development of the Health and Human Services Coordinated Strategic Plan and to fulfill statutory local planning requirements. The public hearing is required under §531.022(d)(4), Government Code, and §531.036, Government Code, and is intended to produce the following outcomes: (1) Increase local involvement and participation in the planning process, (2) Provide feedback to local communities on statewide and regional progress made on health and human services goals and strategic priorities since the community forums in 1999, (3) Solicit input from the communities on the effectiveness of current health and human services efforts, (4) Update regional demographic information and needs profiles, (5) Assess local capacity to address the strategic priorities, and (6) Foster grass roots support for/build community coalitions to improve health and human service delivery in the area.

A community planning forum and public hearing will be conducted in Abilene, Texas on July 18, 2001 at the Abilene Civic Center at 1100 North 6th Street, Abilene, Texas. The planning forum is intended to provide the opportunity for public input and participation. Agency clients and consumers of health and human services, advocates, consumer advisors, local state agency representatives, local governmental and non-governmental representatives, service providers and other interested parties are encouraged to participate.

The planning forum will be held from 8:00 a.m. to 4:00 p.m., Central Time. State and regional progress reports, needs assessments and demographic information will be presented. Breakout group activities will be conducted in the morning and afternoon for members of the community to discuss specific strategic priorities that significantly impact the Abilene area. Topics will include children's medical and insurance needs, access to long-term care, mental health care, health and human services transportation issues, children and adolescent issues (juvenile justice, substance abuse, behavioral), rural service issues, respite services, abuse/neglect and adult issues (homelessness, crime, employment).

A public hearing to receive public comment will begin at 3:30 p.m. Testimony and comments should focus on regional needs and suggestions for the most effective ways to deliver and coordinate services funded by the state. Written comments may be submitted to the Health and Human Services Commission until 5:00 p.m., Central Time, on July 25, 2001. Please address written comments to the attention of Colleen Edwards at HHSC, 4900 North Lamar Blvd., 4th Floor, Austin, Texas 78751, Fax (512) 424-6590 or Email: colleen.edwards@hhsc.state.tx.us.

AGENDA

Morning Session

I. Registration (8:00 a.m.)

II. Welcome and hearing overview (8:30)

III. Regional Progress Report on Information & Referral (9:30)

IV. Breakout Session I (10:15)

V. Breakout Summary (11:45)

Lunch (12:15)

Afternoon Session

I. Regional Report on Transportation Needs (12:45)

II. Breakout Session II (1:15)

III. Breakout Summary (3:00)

Public Comment (3:30 p.m.)

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Elizabeth Walker by phone at 915-698-9346 or Email: Elizabeth.Walker@tcb.state.tx.us by July 11, 2001 so that appropriate arrangements can be made.

TRD-200103662

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Texas Department of Housing and Community Affairs

Planning Forum and Public Hearing

The Health and Human Services Commission (HHSC), in collaboration with the Health and Human Services agencies and the United Way of El Paso, will conduct one of a series of statewide public hearings to receive public comment on the development of the Health and Human Services Coordinated Strategic Plan and to fulfill statutory local planning requirements. The public hearing is required under §531.022(d)(4), Government Code, and §531.036, Government Code, and is intended to produce the following outcomes: (1) Increase local involvement and participation in the planning process, (2) Provide feedback to local communities on statewide and regional progress made on health and human services goals and strategic priorities since the community forums in 1999, (3) Solicit input from the communities on the effectiveness of current health and human services efforts, (4) Update regional demographic information and needs profiles, (5) Assess local capacity to address the strategic priorities, and (6) Foster grass roots support for/build community coalitions to improve health and human service delivery in the area.

A public hearing and community planning forum will be conducted in El Paso, Texas on July 18 and 19, 2001. The planning forum is intended to provide the opportunity for public input and participation. Agency clients and consumers of health and human services, advocates, consumer advisors, local state agency representatives, local governmental and non-governmental representatives, service providers and other interested parties are encouraged to participate.

The Health and Human Services Agencies will conduct a public hearing to receive public comment on July 18, 2001 beginning at 6:00 p.m., Mountain Time. Prior to the public testimony, state and regional progress reports, local needs assessments and demographic information will be presented. Testimony and comments should focus on regional needs and suggestions for the most effective ways to deliver and coordinate services funded by the state. Written comments may be submitted to the Health and Human Services Commission until 5:00 p.m., Central Time, on July 25, 2001. Please address written comments to the attention of Colleen Edwards at HHSC, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, Fax (512) 424-6590 or Email: colleen.edwards@hhsc.state.tx.us.

The planning forum will be held on July 19, 2001, from 9:00 a.m. to 12:00 p.m., Mountain Time, at the El Paso Housing Authority Administrative Office Complex, 5300 East Paisano, El Paso, Texas. The morning session will provide breakout group activities for members of the community to discuss specific strategic priorities that significantly impact the El Paso area, such as services for infants and children, youth, people with disabilities, senior citizens, and communities.

AGENDA

Public Hearing - July 18, 2001

I. Registration for public testimony (5:30 p.m.)

II. Welcome and overview of forum (6:00 p.m.)

III. Statewide progress report (6:10 p.m.)

IV. Local presentations (6:30 p.m.)

V. Public Comment (7:00 p.m.)

VI. Closing Remarks (9:00 p.m.)

Community Planning Forum - July 19, 2001

I. Registration (8:30 a.m.)

II. Welcome and overview (9:00 a.m.)

III. Breakout Groups (9:45 a.m.)

IV. Reports from Breakouts (11:15 a.m.)

VI. Closing Remarks (11:45 a.m.)

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact David Zarazua at phone: 915-590-7388 or email: David.Zarazua@tcb.state.tx.us by July 11, 2001 so that appropriate arrangements can be made.

TRD-200103663

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: June 27, 2001

Public Notice

The Texas Health and Human Services Commission is submitting a Medicaid state plan amendment to provide for supplemental payment to eligible hospitals serving high volumes of Medicaid and uninsured patients.

The increase in aggregate annual expenditure for state fiscal year 2002 is estimated to be $137 million. Transfers from hospital districts will fund the state share.

For further information, contact Steve Lorenzen, Director of Medicaid Rate Setting, Texas Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711-3247, (512) 424-6633, steve.lorenzen@hhsc.state.tx.us.

TRD-200103640

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: June 27, 2001

Public Notice

The Texas Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 00-18, Amendment Number 583.

The amendment establishes the general provisions for delivery of Developmental Rehabilitation Therapy Services. The amendment is effective October 1, 2000.

If additional information is needed, please contact Glenn Hart, Early Childhood Intervention, at (512) 424-6830.

TRD-200103661

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: June 27, 2001

Multifamily Housing Revenue Bonds (Greens Road Apartments) Series 2001

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at the High Meadows Public Library (Meeting Room), 4500 Aldine Mail Route Road, Houston, Texas 77039 at 5:30 p.m. on July 23, 2001 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $8,600,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to Greens 14 Partners LP, (or a related person or affiliate thereof) (the "Borrower") a limited partnership, to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 224-unit multifamily residential rental development to be constructed on approximately 14 acres of land located approximately 1075 feet west of US 59 on the south side in the 6300 block of Greens Road, Houston, Harris County, Texas 77396. The Project will be initially owned and operated by Greens 14 Partners LP (or a related person or affiliate thereof). The Project will be initially managed by Southeastern Property Management.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200103647

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (The Meridian Apartments) Series 2001

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at the Fort Worth Public Library (Meeting Room), Southwest Regional Library, 4001 Library Lane, Fort Worth, Texas 76109 at 6:00 p.m. on July 31, 2001 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $10,995,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to Brisben Meridian Limited Partnership, (or a related person or affiliate thereof) (the "Borrower"), to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 280-unit multifamily residential rental development to be constructed on approximately 24.92 acres of land located on the northeast corner of the intersection of Marine Creek Parkway and Angle Avenue at the 4400 block of Marine Creek Parkway, Fort Worth, Tarrant County, Texas 76106. The Project will be initially owned and operated by Brisben Meridian Limited Partnership (or a related person or affiliate thereof). The Project will be initially managed by National Realty Management, Inc.

TRD-200103649

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 27, 2001

Multifamily Housing Revenue Bonds (Wildwood Branch Apartments) Series 2001

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at the Fort Worth Public Library (Meeting Room), Southwest Regional Library, 4001 Library Lane, Fort Worth, Texas 76109 at 6:00 p.m. on July 24, 2001 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $11,795,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to Wildwood Branch Townhomes Limited Partnership, (or a related person or affiliate thereof) (the "Borrower"), to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 280-unit multifamily residential rental development to be constructed on approximately 29.94 acres of land located on the south side of the 6400 block of Shady Oaks Manor Drive approximately 1,000 feet east of Quebec Street, Fort Worth, Tarrant County, Texas 76135. The Project will be initially owned and operated by Wildwood Branch Townhomes Limited Partnership (or a related person or affiliate thereof). The Project will be initially managed by National Realty Management, Inc.

TRD-200103648

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 27, 2001

Notice of Administrative Hearing

Manufactured Housing Division

Wednesday, August 1, 2001, 1:00 p.m.

State Office of Administrative Hearings, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Rance Nash dba D & N Service to hear alleged violations of Sections 4(f) (amended 1999) (current version at Section 4(d) of the Act)and 7(d) of the Act and Sections 80.54(a) and 80.123(e) of the Rules regarding installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license and not properly installing the manufactured home. SOAH 332-01-3184. Department MHD1999000313UI, MHD2000000167UI, MHD2000001344UI.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200103637

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 27, 2001

Notice of Administrative Hearing

Manufactured Housing Division

Wednesday, August 1, 2001, 1:00 p.m.

State Office of Administrative Hearings, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. C. E. Hitchcock, Mark Hitchcock and Judith Hitchcock dba Hitchcock House Movers aka Hitchcock and Sons House and Mobile Home Moving aka C. E. Hitchcock and Sons aka C. E. Hitchcock Mobile Home Movers aka Hitchcock Movers aka H & H Mobile Home Movers aka Hitchcock House and Mobile Home Movers to hear alleged violations of Sections 4(d), 7(b)-(c), and 7(d) of the Act and Sections 80.54(a), 80.119(f)(1), 80.123(b)-(c) and 80.123(e) of the Rules regarding negotiating the sell of more than one manufactured home within a consecutive twelve (12) month period without obtaining, maintaining or possessing a valid retailer's license, the installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license, not properly installing the manufactured home and not properly submitting the Form T/Installation Report. SOAH 332-01-3183. Department MHD2000001828UI.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200103638

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 27, 2001

Notice of Administrative Hearing

Manufactured Housing Division

Wednesday, August 1, 2001, 1:00 p.m.

State Office of Administrative Hearings, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Arthur Lee dba State and Farm Mobile Homes to hear alleged violations of Sections 7(d), 7(e), 7(f), and 13(f) of the Act and Section 80.123(e) of the Rules regarding contracting the installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license. SOAH 332-01-3182. Department MHD2000000283UI.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200103639

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 27, 2001

Texas Department of Insurance

Insurer Services

Application to add the assumed name of EL PASO FIRST PREMIER PLAN for EL PASO FIRST HEALTH PLANS, INC., a domestic health maintenance organization. The home office is in El Paso, Texas.

Application for admission to the State of Texas by AMERICAN SUMMIT INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Scottsdale, Arizona.

Application for admission to the State of Texas by TECHNOLOGY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Nashua, New Hampshire.

Application for admission to the State of Texas by ACE GUARANTY RE INC., a foreign fire and casualty company. The home office is in New York, New York.

Application to change the name of NOBEL INSURANCE COMPANY to STONINGTON INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Dallas, Texas.

Application to change the name of UNIFIED LIFE INSURANCE COMPANY OF TEXAS to UNIFIED LIFE INSURANCE COMPANY, a domestic life company. The home office is in Austin, Texas.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200103659

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for incorporation in Texas of National Administrators, Inc., a domestic third party administrator. The home office is Houston, Texas.

Application for admission to Texas of American Physicians Network, Inc., (doing business under the assumed name of Oregon American Physicians Network, Inc.), a foreign third party administrator. The home office is Portland, Oregon.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200103622

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 26, 2001

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of National Benefit Resources, Inc., a foreign third party administrator. The home office is Minneapolis, Minnesota.

TRD-200103660

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 27, 2001

Texas State Library and Archives Commission

Notice of Request for Consulting Services

In accordance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the Texas State Library and Archives Commission (TSL) is soliciting proposals from qualified individuals or organizations to enter into a contract for consulting services to evaluate the agency's current Five-Year Library Services and Technology Act (LSTA) plan which will enable TSL to comply with the requirements of LSTA (20 USC Sec. 1934(c)).

The role of the consultant will be to evaluate the overall effectiveness of the current five-year LSTA plan, State Plan for the Library Services and Technology Act in Texas (the Plan), and to conduct in-depth evaluations of the effectiveness of one statewide program and two sub-grant programs administered by TSL. The successful vendor must examine grant activities for four fiscal years and provide an analysis of how well the programs meet the goals and objectives outlined in the LSTA five-year plan. The result of the study will provide valuable information to be used by the agency to prepare its next LSTA five-year plan.

The desired terms of the service will be September 1, 2001, to February 28, 2002. All written reports due under this renewal are due by March 15, 2002. The value of the contact is estimated to be $60,000.00.

Interested parties may contact Donna Osborne, TSL Director of Administrative Services, (512-463-5440). The due date for submission of proposals is July 11, 2001. The contract for consulting services evaluation will be awarded upon review of proposals submitted and evaluation based on previously established criteria.

TRD-200103657

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Notice of Request for Proposals for Internal Auditing Services Contract

In accordance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the Texas State Library and Archives Commission (TSL) is soliciting proposals from qualified individuals or organizations to enter into a contract for internal auditing services which will enable TSL to comply with the Texas Internal Auditing Act, Article 6252-5d, Vernon's Texas Civil Statutes.

The role of the consultant will be to provide internal audit services to TSL for comprehensive audit services and to provide recommendations for improvement on key internal agency program divisions and external library system grant recipients. The agency does not have an internal auditor on staff, and the major consequence of not procuring this consultant assistance will be non-compliance with the Texas Internal Auditing Act. The cost estimate was determined from an estimate provided by the current internal audit contractor based on a review of the desired outcomes with agency staff and management. The results of the audits will provide the agency information needed for program management to implement changes required to improve internal program processes and establish efficiencies in working with future and current grant recipients.

The desired terms of the service will be September 1, 2001, to August 31, 2002. All written reports due under this renewal are due by August 31, 2002. The value of the contact is estimated to be $45,000.00.

Interested parties may contact Donna Osborne, TSL Director of Administrative Services, (512-463-5440). The due date for submission of proposals is July 31, 2001. The contract for internal audit consulting services will be awarded upon review of proposals submitted and evaluation based on previously established criteria.

TRD-200103658

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: June 27, 2001

Texas Natural Resource Conservation Commission

Notice of Availability and Request for Comments on a Federal Consistency Determination under the Texas Coastal Management Program for a Draft Damage Assessment and Restoration Plan and Environmental Assessment

AGENCIES

Texas Natural Resource Conservation Commission (TNRCC), Texas Parks and Wildlife Department, Texas General Land Office (collectively the state trustees). The United States Department of the Interior and the National Oceanic and Atmospheric Administration (hereafter, federal trustees).

ACTION

Notice of availability of the Federal Consistency Determination (FCD) under the Texas Coastal Management Program (CMP) of a Draft Restoration Plan and Environmental Assessment (DRPEA) for ecological injuries and service losses associated with the Tex Tin Corporation Superfund Site (site) and of a 30-day period for public comment on the FCD beginning July 6, 2001. Comments on the DRPEA have been solicited previously in a separate notice.

SUMMARY

Notice is hereby given that the FCD with the CMP related to activities described in a document entitled "Draft Restoration Plan and Environmental Assessment for the Tex Tin Corporation Superfund Site, Texas City, Galveston County, Texas" is available for public review and comment.

The DRPEA was prepared by state and federal natural resource trustees to address natural resource injuries and resource services losses of an ecological nature attributable to releases of hazardous substances from the site. The DRPEA identifies the information and methods used to define the natural resource injuries and losses, including the scale of restoration actions, and identifies the restoration actions which are preferred for use to restore, replace or acquire resources and services equivalent to those lost.

The FCD for this DRPEA outlines the basis for the determination from the federal trustees that the restoration actions described in the DRPEA are consistent to the maximum extent possible, and will be undertaken in a manner consistent with, the applicable policies of the CMP. Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the goals and policies of the CMP identified in 31 Texas Administrative Code (TAC) Chapter 501. Under 31 TAC §506.2(c) a determination of consistency with the CMP must be made by the federal trustees for natural resource damage assessment and restoration plans that are the product of a joint cooperative natural resource damage assessment by state and federal trustees. Review of the FCD is delegated to the state trustees. The state trustees will consider all comments received during the public comment period in their evaluation of the FCD for the DRPEA and will, depending on the comments received, submit a letter of concurrence to the federal trustees.

To receive a copy of the FCD with the CMP and/or the DRPEA, interested members of the public are invited to contact Richard Seiler at the Texas Natural Resource Conservation Commission, Remediation Division MC 142, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2523 or (512) 239-4814 (fax).

COMMENTS

Comments must be submitted in writing on or before August 6, 2001 to Richard Seiler, TNRCC, Remediation Division MC 142, P.O. Box 13087, Austin, Texas 78711-3087. The state trustees will consider all written comments prior to completing their review of the FCD.

For further information, contact Richard Seiler at (512) 239-2523 or e-mail rseiler@tnrcc.state.tx.us .

TRD-200103628

Margaret Hoffman

Deputy Director, Office of Legal Services

Texas Natural Resource Conservation Commission

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is 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 August 6, 2001 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed DOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 6, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: AAA Fiberglass, Inc.; DOCKET NUMBER: 2000-1038-AIR-E; TNRCC ID NUMBER: DB-2229-W; LOCATION: 2021 East Main Street, Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: fiberglass boat repair facility; RULES VIOLATED: §116.110(a), and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions of a permit by rule prior to construction of a facility that emits air contaminants into the air of the state; §106.392(1)(B), and THSC, §382.085(b), by failing to keep on a monthly and calendar year-to-date basis records of resin and acetone usage, and failing to maintain those records for the most recent 24 months; §106.392(2)(B) (if spraying facility), or §106.392(3)(B) (if non-spraying facility), and THSC §382.085(b), by failing to have an elevated stack for a facility using thermoset resins; PENALTY: $5,000; STAFF ATTORNEY: Dan Joyner, Litigation Division, MC 175, (512) 239-6366; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(2) COMPANY: Apollo Technology Corporation; DOCKET NUMBER: 2000-1021-IHW-E; TNRCC ID NUMBER: F0569; LOCATION: 823 and 827 High Street, Comfort, Kendall County, Texas; TYPE OF FACILITY: electroplating facility; RULES VIOLATED: §335.4, and TWC, §26.121, by discharging electroplating wastes onto the ground, and into the surface waters that flow to Cypress Creek which then flow to the Guadalupe River; §335.6(c) and (d), by failing to notify the Executive Director of the TNRCC of its small quantity generator status, industrial and hazardous waste streams for electroplating sludge, solid waste management units including, but not limited to, a settling tank and container storage area, and its activity as a transporter of three drums of hazardous waste to Southwest Powder Coatings, Inc.; §335.10(a), §335.11(a), and 40 CFR §262.20(a) and §263.20(a), by failing to prepare a manifest for three drums of electroplating waste that were transported to Southwest Powder Coatings, Inc.; §335.62, and 40 CFR §262.11, by failing to conduct a hazardous waste determination and waste classification of the following five waste streams: discharged industrial wastewater, industrial wastewater sludge, electroplating sludge, sandblasting dust, and vinyl tub liners; §335.63, §335.92, and 40 CRF §262.12, and §263.11(a), by failing to obtain an Environmental Protection Agency identification number for transportation of hazardous waste for the three drums of hazardous waste to Southwest Powder Coatings; §335.2(b), and 40 CFR §270.1(c), by generating hazardous waste and transporting drums of electroplating wastes to an unauthorized facility; PENALTY: $28,500; STAFF ATTORNEY: James Biggins, Litigation Division, MC R- 13, (210) 403-4017; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: John Henderson; DOCKET NUMBER: 2000-1291-OSS-E; TNRCC ID NUMBER: OS7582; LOCATION: located off U.S. Highway 79, approximately nine miles west of Jacksonville, Cherokee County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: §285.58(b)(9), by failing to perform satisfactory and valid final inspections of OSSF job sites to verify that the minimum criteria were met; §285.58(b)(4), by failing to maintain accurate records of permit applications, inspection records, and nuisance complaints; §§285.32(a)(1)(A) and (C), 285.33(a)(1)(A) and (b)(1)(A), and (c)(2)(D), 285.91, and 285.58(b)(3), by failing to enforce the rules and regulations of the permitting authority's OSSF program, Tables II and III relating to obtaining information regarding water usage of the facility and the square footage of living area of the single-family dwellings; §285.5(1), (2)(A), and (2)(D), and §285.58(b)(3), by failing to enforce the rules and regulations of the permitting authority's OSSF program, specifically relating to obtaining the appropriate planning materials (including but not limited to technical reports, system drawings, water usage records, and test results) for the proposed OSSF systems; §285.30 and §285.58(b)(3), by failing to enforce the rules and regulations of the permitting authority's OSSF program, specifically relating to obtaining the appropriate site evaluation for the proposed site; §285.7(d) and (e), and §285.58(b)(3) and (b)(10), by failing to enforce the rules and regulations of the permitting authority's OSSF program, specifically relating to obtaining the appropriate maintenance contract for aerobic systems with surface irrigation; §285.7(g) and §285.58(b)(3), by failing to enforce the rules and regulations of the permitting authority's OSSF program, specifically relating to obtaining the appropriate affidavit to the public for aerobic systems with surface irrigation; §285.58(b)(3) and §285.4, by failing to enforce the rules and regulations of the permitting authority's OSSF program, specifically relating to conducting reviews of subdivisions or other land improvements for overall site suitability prior to subdivision of the land, or prior to the issuance of a permit; §285.58(b)(3) and §285.3(c), by failing to enforce the rules and regulations of the permitting authority's OSSF program, specifically relating to ensuring that a variance request demonstrates to the satisfaction of the permitting authority that the conditions are such that equivalent protection of the public health and environment can be provided and that such requests are prepared and sealed by either a registered sanitarian or registered professional engineer; PENALTY: $0; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Maan Enterprises, Inc. dba Anytime Convenience; DOCKET NUMBER: 2000-0469-PST-E; TNRCC ID NUMBER: 0046124; LOCATION: 1125 Palo Pinto, Weatherford, Parker County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: §334.50(a)(1)(A), and TWC, §26.3475(c), by failing to have a release detection method capable of detecting a release from any portion of the underground storage tank (UST) system; §334.49(a), and TWC, §26.3475(d), by failing to have corrosion protection for the UST system; §334.93(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; §334.7(d)(3), by failing to amend, update or change registration information; PENALTY: $13,125; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(5) COMPANY: Oscar Mondragon dba Mondragon's Paint and Body; DOCKET NUMBER: 2000-1043-AIR-E; TNRCC ID NUMBER: JH-0401-1; LOCATION: 1144 South Broadway, Joshua, Johnson County, Texas; TYPE OF FACILITY: auto body shop; RULES VIOLATED: §116.110(a), and THSC, §382.085(b) and §382.0518, by failing to obtain a permit or comply with the standard exemption during an inspection on October 27, 1999; §116.110(a), and THSC, §382.085(b) and §382.0518, by failing to obtain a permit or comply with the standard exemption during an inspection on April 14, 2000; PENALTY: $5,000; STAFF ATTORNEY: Laurel Lindsey, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(6) COMPANY: Startex Gasoline & Oil Distributors, Inc.; DOCKET NUMBER: 2000- 0294-PST-E; TNRCC ID NUMBERS: 23481; 23483; LOCATION: 5416 Leopard Street and 5420 Leopard Street, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: wholesale fuel distributor (Facility 1); convenience store with retail gasoline sales (Facility 2); RULES VIOLATED: §334.50(a)(1)(A), and TWC, §26.3475, by failing to provide a method of release detection, capable of detecting a release from any portion of the underground storage tank (UST) system which contains regulated substances, including the tank, piping and other ancillary equipment at Facility 1; §334.7(d)(3), by failing to provide written notice of any change or additional information to the Executive Director within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or addition at Facility 1; §334.105(b), by failing to maintain an updated copy of certification of financial responsibility at Facility 1; §334.10(b)(1)(B), by failing to maintain copies of all required records pertaining to a UST system in a secure location on the premises for Facility 1; §334.50(a)(1)(A), and TWC, §26.3475, by failing to provide a method of release detection, capable of detecting a release from any portion of the UST system which contains regulated substances, including the tank, piping and other ancillary equipment at Facility 2; §334.105(b), by failing to maintain an updated copy of certification of financial responsibility at Facility #2; PENALTY: $6,200; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Dr., Ste. 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Timothy Poole; DOCKET NUMBER: 2000-0234-LII-E; TNRCC ID NUMBER: 14701; LOCATION: P. O. Box 268, Hawkins, Wood County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: TWC, §34.007, by acting as a landscape irrigator without possessing a certificate of registration as a licensed irrigator; PENALTY: $625; STAFF ATTORNEY: Laurel Lindsey, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200103627

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 26, 2001

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of 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 August 6, 2001 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 6, 2001 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC 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 should be submitted to the TNRCC in writing .

(1) COMPANY: City of Alamo Heights; DOCKET NUMBER: 2001-0134-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0150039; LOCATION: Alamo Heights, Bexar County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(ii), by failing to meet the required minimum total storage capacity of 200 gallons per connection; PENALTY: $438; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Samuel Alba dba Alba's Custom Iron Works; DOCKET NUMBER: 1999-1369- AIR-E; IDENTIFIER: Air Account Number HX-1453-V; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: ornamental iron fabrication; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.085(b) and §382.0518(a), by conducting outdoor surface coating operations without a permit; and 30 TAC §115.421(a)(9)(A)(ii) and the Code, §382.085(b), by using noncompliant coatings which exceeded the volatile organic compound emission of 3.5 pounds per gallon; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(3) COMPANY: Frank Duncan and Joe Hackler dba Alpha Utility Company; DOCKET NUMBER: 2000-0822-PWS-E; IDENTIFIER: PWS Number 0320014; LOCATION: Pittsburg, Camp County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i) - (iv), and the Code, §341.0315(c), by failing to meet a well capacity of 0.6 gallons per minute (gpm) per connection, provide a total storage capacity of 200 gallons per connection, a service pump capacity such that each pump station or pressure plan has a total capacity of two gpm per connection, and provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; 30 TAC §290.113 (now 30 TAC §290.118(b)), and the Code, §341.031(a), by failing to provide water of acceptable quality; and 30 TAC §290.46(e)(1) and the Code, §341.033(a), by failing to install an air line filter or other device to prevent compressor lubricants and other contaminants from entering the pressure tank, and ensure that the water system is at all times under the direct daily supervision of a competent waterworks operator; PENALTY: $5,950; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Aquila Gas Pipeline Corporation; DOCKET NUMBER: 2001-0086-AIR-E; IDENTIFIER: Air Account Number FC-0109-C; LOCATION: Rutersville, Fayette County, Texas; TYPE OF FACILITY: natural gas compressor; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to certify compliance for Air Permit Number O-00139; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(5) COMPANY: Aquila Storage and Transportation, L.P.; DOCKET NUMBER: 2001-0031- AIR-E; IDENTIFIER: Air Account Number FG-0266-K; LOCATION: Katy, Fort Bend County, Texas; TYPE OF FACILITY: natural gas compressor; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit compliance within the required 30 days after the end of the certification period; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(6) COMPANY: Bank of America; DOCKET NUMBER: 2001-0135-PWS-E; IDENTIFIER: PWS Number 1012455; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.120(c) (now 30 TAC §290.117(c)), by failing to conduct the second round of initial lead and copper monitoring; PENALTY: $363; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: City of Beaumont; DOCKET NUMBER: 2000-1415-MWD-E; IDENTIFIER: Enforcement Identification Number 15660; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: the Code, §26.121, by failing to prevent the unauthorized discharge of approximately 9,000 gallons of water treatment chemicals; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Mr. Cecil Broomfield dba Cecil's Wheels; DOCKET NUMBER: 2001-0277- AIR-E; IDENTIFIER: Air Account Number SI-0109-E; LOCATION: Center, Shelby County, Texas; TYPE OF FACILITY: used car sales; RULE VIOLATED: 30 TAC §114.20(b) and (c)(1), and the Code, §382.085(b), by failing to equip a 1986 Ford F250 Pickup engine with an air injection pump that was originally a part of the motor vehicle; PENALTY: $360; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: City of Como; DOCKET NUMBER: 2000-0611-MWD-E; IDENTIFIER: Water Quality Permit Number 11313-001 and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 1133-001; LOCATION: Como, Hopkins County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §319.9(c), §305.125(1), and Water Quality Permit Number 11313-001, by failing to collect and test duplicate samples of effluent for chlorine residual, submit noncompliance report for effluent violations, and meet permitted effluent limits for biochemical oxygen demand, minimum dissolved oxygen, minimum chlorine residual, and total suspended solids; and 30 TAC §305.536, §305.125(1), Water Quality Permit Number 11313-001, and TPDES Permit Number 11313-001, by failing to submit annual sludge disposal reports; PENALTY: $11,875; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(10) COMPANY: Davis Gas Processing Company; DOCKET NUMBER: 2001-0330-AIR-E; IDENTIFIER: Air Account Number FJ-0045-A; LOCATION: Pearsall, Frio County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit the 1998 and the 1999 annual Title V compliance certifications; and 30 TAC §122.145(2) and the Code, §382.085(b), by failing to submit semi-annual deviation reports; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480 (210) 490-3096.

(11) COMPANY: City of DeKalb; DOCKET NUMBER: 2000-1246-MWD-E; IDENTIFIER: TPDES Permit Number 10062-002; LOCATION: DeKalb, Bowie County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10062-002, and the Code, §26.121, by failing to meet the permitted limits; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(12) COMPANY: Derby Water Supply Corporation; DOCKET NUMBER: 2000-1236-PWS-E; IDENTIFIER: PWS Number 0820016; LOCATION: Derby, Frio County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(1)(A) and (s), (now 30 TAC §290.46(d)(1)(A) and (s)), by failing to operate the chlorination facilities to maintain a minimum free chlorine residual of 0.2 milligram per liter (mg/L) and issue a boil water notice; and 30 TAC §290.43(c)(7), by failing to provide the potable water storage tank with a means of removing accumulated silt and deposits; PENALTY: $630; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-7839; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(13) COMPANY: Duke Energy Field Services, LLC; DOCKET NUMBER: 2001-0062-AIR-E; IDENTIFIER: Air Account Numbers JE-0200-H and JE-0203-B; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §§117.211(a)(4), 117.520(a)(1)(C), 122.143(4), 122.145(2), 122.146(5)(D), 122.511(b)(12), and the Code, §382.085(b), by failing to conduct an initial demonstration of compliance and submit a final control plan and submit a correct certification of compliance and deviation report for General Operating Permits O-01812 and O-00285; PENALTY: $9,352; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: EBCO Land Development, Ltd.; DOCKET NUMBER: 2001-0140-WR-E; IDENTIFIER: Enforcement Identification Number 15764; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: residual development and golf course construction; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain authorization for the impoundment and use of state water from Mound Creek; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: EPGT Texas Pipeline, L.P. (Formerly PG&E Texas Pipeline, L.P.); DOCKET NUMBER: 2000-1387-AIR-E; IDENTIFIER: Air Account Number KJ-0019-V; LOCATION: Kingsville, Kleberg County, Texas; TYPE OF FACILITY: natural gas compressor; RULE VIOLATED: 30 TAC §122.146(2), (5)(D), and the Code, §382.085(b), by failing to submit the 1998 Title V compliance certification for federal Operating Permit Number O-00279 and identify the untimely submittal of the 1998 Title V compliance certification; and 30 TAC §122.145(2) and the Code, §382.085(b), by failing to submit a deviation report; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(16) COMPANY: City of Elkhart; DOCKET NUMBER: 1999-0591-MWD-E; IDENTIFIER: Water Quality Permit Number 10735-001; LOCATION: Elkhart, Anderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), Water Quality Permit Number 10735-001, and the Code, §26.121, by discharging sewage, municipal, recreational, agricultural, or industrial waste into or adjacent to any water in the state and failing to ensure that all automatic flow measuring, recording devices, or totalizing meters for measuring flows are accurately calibrated; 30 TAC §317.2(d)(5)(E), §305.125(1) and (5), and Water Quality Permit Number 10735-001, by failing to provide dual pump units at pumping stations; and 30 TAC §317.4(j)(9), §305.125(1) and (5), and Water Quality Permit Number 10735-001, by failing to ensure that the soil used in the embankment walls for the wastewater stabilization ponds is free of foreign material; PENALTY: $21,000; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239- 4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(17) COMPANY: Fort Davis Estates, Inc.; DOCKET NUMBER: 2000-1095-PWS-E; IDENTIFIER: PWS Number 1220015 and Certificate of Convenience and Necessity Number 12309; LOCATION: Fort Davis, Jeff Davis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) and (e)(2), §290.103(5), (now 30 TAC §290.109(c) and (g), and §290.122), and the Code, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and provide public notice of monthly bacteriological sampling; 30 TAC §291.76, by failing to pay outstanding water regulatory assessment fees; 30 TAC §290.46(d)(2)(A), (e)(3)(D), (h), (i), (l), (m), (t), and (v), by failing to operate the chlorination equipment so as to maintain a free chlorine residual of 0.2 mg/L; provide facilities for determining the amount of disinfectant used daily and the amount remaining for use; maintain, on hand, a supply of calcium hypochlorite disinfectant; have the system under the direct supervision of a certified waterworks operator; adopt an adequate plumbing ordinance, plumbing regulations, or service agreement with adequate provisions; flush dead end mains monthly; initiate a maintenance program; post a legible sign at the well and ground storage tank; and have all system electrical wiring installed securely in mounted conduit; 30 TAC §290.41(c)(1)(D), (3)(K) and (O), by failing to maintain livestock at a distance greater than 50 feet from the public water supply, seal the wellhead with the use of gaskets or pliable crack-resistant compound, provide the well with a 16-mesh or finer corrosion-resistant casing vent, and protect the well unit with an intruder-resistant fence or a locked, ventilated well house; 30 TAC §290.43(c)(1) and (4), and (e), by failing to protect the vent openings, protect the ground storage tank with an intruder-resistant fence, and equip the ground storage tank with a water level indicator; and 30 TAC §290.42(e)(4) and (6), by failing to provide a full-face, self-contained breathing apparatus or supplied air respirator and have available a small bottle of ammonia solution to test for possible chlorine leakage, and provide the chlorination room with both high level and floor level screened vents; and 30 TAC §290.110(c)(5)(B), by failing to maintain records of weekly chlorine residual tests and possess a diethyl-p-phenylenediamine method chlorine test kit; PENALTY: $6,188; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4940.

(18) COMPANY: Fortson Contracting, Incorporated; DOCKET NUMBER: 2001-0041-MLM-E; IDENTIFIER: Air Account Number NB-0150-I; LOCATION: Rice, Navarro County, Texas; TYPE OF FACILITY: highway guardrail repair; RULE VIOLATED: 30 TAC §111.201 and the Code, §382.085(b), by conducting unauthorized outdoor burning; and 30 TAC §335.4 and the Code, §26.121, by improperly disposing of hazardous wastes generated from the outdoor burning; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(19) COMPANY: Harris County Municipal Utility District No. 189; DOCKET NUMBER: 2001- 0081-MWD-E; IDENTIFIER: TPDES Permit Number 12237-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12237-001, and the Code, §26.121, by exceeding its permit limits for carbonaceous biochemical oxygen demand; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200103617

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 26, 2001

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §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 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 August 6, 2001 . 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 the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's orders and permits issued pursuant to the TNRCC'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 of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 6, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys 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 should be submitted to the TNRCC in writing .

(1) COMPANY: The City of Grapevine; DOCKET NUMBER: 2000-1403-WR-E; TNRCC ID NUMBER: 08-2362; LOCATION: Upper Trinity River Segment of the Trinity River Basin, Grapevine, Tarrant County, Texas; TYPE OF FACILITY: golf course; RULES VIOLATED: §297.59(c), TWC, §11.135(a), and Certificate of Adjudication Number 08-2362, by failing to treat water and make all water potable before use; PENALTY: $1,250; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 588-5800.

(2) COMPANY: Fernco Development, LTD., Lenco Development, LTD., and Norco Development, LTD.; DOCKET NUMBER: 2000-1357-MWD-E; TNRCC ID NUMBER: 11051- 001; LOCATION: 7200 White Oak Circle, Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment facility (facility); RULES VIOLATED: §305.125(1), TWC, §26.121(a)(1), and Texas pollutant Discharge Elimination System (TPDES) Permit Number 11051-001, by allowing the facility's effluent to exceed Effluent Limitations and Monitoring Requirements 1 and 2 of the Permit by exceeding the daily average ammonia nitrogen; §319.7(d), and TPDES Permit Number 11051-001, by failing to submit discharge monitoring reports; PENALTY: $3,750; STAFF ATTORNEY: Dwight Martin, Litigation Division, MC 175, (512) 239-0682; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Gin Wey Lim dba Lim Apartments; DOCKET NUMBER: 2000-1281- PWS-E; TNRCC ID NUMBER: 1012438; LOCATION: 8828 East Mount Houston, Houston, Harris County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: §290.109(c), and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine monthly water samples; §290.109(g), by failing to provide public notice related to the failure to collect and submit routine monthly water samples; PENALTY: $150; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588- 5877; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: McCormick Marketing dba McDs, Downtown 66, and Westside 66; DOCKET NUMBER: 1999-1543-PST-E; TNRCC ID NUMBERS: 10494, 10491, and 10492; LOCATION: McDs located at 3800 College; Downtown 66, located at 1619 25th Street; and Westside 66, located at 2000 25th Street, Snyder, Scurry County, Texas; TYPE OF FACILITY: retail gasoline stations (stations); RULES VIOLATED: §334.50(b)(1)(A), and TWC, §26.3475, by failing to provide a method of release detection capable of detecting a release from any portion of the underground storage tanks (UST) system which contained regulated substances for all three locations; §334.7(d)(3), and TWC, §26.3475, by failing to amend, update, or change the station's UST registration information regarding release detection for all three locations; PENALTY: $18,000; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Blvd., Abilene, Texas 79602-7833, (915) 698-9674.

(5) COMPANY: NYTA Enterprises, Inc. dba Pine Place Courts; DOCKET NUMBER: 1999-1448-MWD-E; TNRCC ID NUMBERS: 12428-001 and TX0087840; LOCATION: approximately 2.5 miles east of U.S. Highway 59 at 6532 East Mount Houston Road, Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121, and NPDES Permit Number TX0087840, by failing to comply with the NH3-N daily average concentration limit of 3 mg/L and 5 mg/L; NH3-N daily maximum limit of 10 mg/L and 6mg/L; total suspended solids (TSS) daily average loading limit of 0.94 lbs/day; and carbonaceous biochemical oxygen demand (CBOD5) daily average loading limit of 0.63 lbs/day; TWC, §26.121, and TNRCC Water Quality Permit Number 12428-001, by failing to comply with the TSS daily average loading limit of 0.9lbs/day; and CBOD5 daily average concentration limit of 10 mg/L; PENALTY: $750; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Restructure Petroleum Marketing Services, Inc. dba Luke's Little Market Number 1; DOCKET NUMBER: 2000-1425-PST-E; TNRCC ID NUMBER: 15610; LOCATION: 8227 Stewart Road, Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline (facility); RULES VIOLATED: §115.245(2), and THSC, §382.085(b), by failing to perform the annual Pressure Decay Test; §115.246(4), and THSC, §382.085(b), by failing to provide documentation/certification that a facility representative completed the required Stage II training; PENALTY: $2,000; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Restructure Petroleum Marketing Services, Inc. dba Rendon Chevron; DOCKET NUMBER: 2000-1359-PST-E; TNRCC ID NUMBER: 0036562; LOCATION: 12201 Rendon Road, Burleson, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline (facility); RULES VIOLATED: §334.49(a), and TWC, §26.3475, by failing to provide corrosion protection for the underground storage tank system (UST); §334.72(3), by failing to notify the TNRCC within 24 hours after the statistical inventory reconciliation report showed "inconclusive" results, thus indicating that a release might have occurred; §334.7(d)(3), by failing to amend the UST registration information incorrectly indicated that the facility has in place financial assurance; PENALTY: $4,500; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(8) COMPANY: Tajuddin Jiwani dba Quick & Easy Number 2; DOCKET NUMBER: 2000- 0608-PWS-E; TNRCC ID NUMBER: 2410044; LOCATION: 4014 Highway 59 Wharton Loop North, Wharton, Wharton County, Texas; TYPE OF FACILITY: public water system (facility); RULES VIOLATED: §290.106, and TWC, §341.033(d), by failing to submit to the Commission water samples from the facility for bacteriological analysis; PENALTY: $3,250; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Vancouver Management Inc.; DOCKET NUMBER: 2000-1049-MWD-E; TNRCC ID NUMBER: 11051-001; LOCATION: 7200 White Oak Circle, Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment facility (facility); RULES VIOLATED: §305.125(9), and TWC, §26.121(a)(1), by failing to report and clean up an unauthorized discharge of waste water; TPDES Permit Number 11051-001, by failing to ensure that effluent remained within permitted limits; Solids Management Plan (SMP), Ordering Provision 2.b., TNRCC Agreed Order of December 23, 1999, Docket Number 1999-0596-MUD-E, by failing to maintain solids in the facility within the parameters stipulated; §325.410(d)(2), and TPDES Permit Number 11051-001, by failing to employ a wastewater treatment operator with a Class C license to operate its Class C facility; §305.125(1), and TPDES Permit Number 11051-001, by failing to meet permitted effluent limits for residual chlorine; TPDES Permit Number 11051-001, by failing to submit to the TNRCC its Discharge Monitoring Reports; PENALTY: $8,750; STAFF ATTORNEY: Dwight Martin, Litigation Division, MC 175, (512) 239-0682; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200103626

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 26, 2001

Notice of Water Quality Applications

The following notices were issued during the period of June 8, 2001 through June 15, 2001.

The following require the applicants to publish notice in the newspaper. The public comment period, 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 THIS NOTICE.

AKZO NOBEL CHEMICAL, INC. has applied for a renewal of NPDES Permit No.TX0006688, which authorizes the discharge of uncontaminated storm water, process area wash water, treated domestic wastewater, and cooling tower blowdown at a daily average flow not to exceed 30,000 gallons per day via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0006688 issued on October 11, 1985, which correspond to the expired TNRCC Permit No. 01689. The applicant operates an organometallic compound manufacturing facility. The plant site is located east of and adjacent to State Highways 134, approximately 2500 feet north of the intersection of State Highway 134 and 225, in the City of Deer Park, Harris County, Texas.

CENTRAL POWER AND LIGHT COMPANY which operates the LaPalma Steam Electric Power Station, has applied for a major amendment to TPDES Permit No. 01256 to authorize an intake credit for total suspended solids (TSS) to calculate less stringent TSS limitations at Outfall 001, to reduce in the monitoring frequency for oil and grease at Outfall 001, and to reduce monitoring frequencies for all constituents at Outfalls 002 and 003. The current permit authorizes the discharge of cooling tower blowdown commingled with low volume wastes, metal cleaning wastes, and storm water at a daily average flow not to exceed 1,120,000 gallons per day via Outfall 001; the discharge of wastewater from maintenance drains (cooling tower units 4 and 5) on an intermittent and flow variable basis via Outfall 002; and the discharge of wastewater from maintenance drains (cooling tower unit 6) on an intermittent and flow variable basis via Outfall 003. The facility is located adjacent to the Missouri Pacific Railroad and State Route 77, approximately 0.5 miles northwest of Resaca de Los Fresnos, in the City of San Benito, Cameron County, Texas.

CORPUS CHRISTI PEOPLES BAPTIST CHURCH, INC. has applied for a renewal of TPDES Permit No. 11134-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately one mile west of the intersection of Farm-to-Market Road 665 and Farm-to-Market Road 763 and south of Farm-to-Market Road 665 in Nueces County, Texas.

GRAND MISSION MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14231-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility site will be located approximately 0.9 mile south and 0.5 mile west of the intersection of Farm-to-Market Road 1093 and Harlem Road in Fort Bend County, Texas.

CITY OF HEMPHILL has applied for a renewal of TPDES Permit No. 10493-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.75 mile south of the Hemphill City Hall on Beckcom Road in Sabine County, Texas.

LAKE LAVON BAPTIST ENCAMPMENT has applied for a new permit, Proposed Permit No. 14192-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 625 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The applicant is requesting a variance to the buffer zone requirements according to 30 TAC Section 309.13(f). The facility and disposal site are located 400 feet south of Farm-to-Market Road 982 and 15,000 feet south of the intersection of Farm-to- Market Road 982 and Farm-to-Market Road 546 in Collin County, Texas.

CITY OF LAKEPORT has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0071871 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 10939-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 140,000 gallons per day. The plant site is located approximately 1550 feet northeast of the intersection of State Highway 149 and State Highway 322 and adjacent to the east bank of the Sabine River in the northern part of the City of Lakeport in Gregg County, Texas.

MAHARD EGG FARMS, INC. has applied to the TNRCC for a new permit, Proposed Permit No. 04043 to authorize the disposal of process wastewater at a daily average flow not to exceed 4000 gallons per day via evaporation and irrigation etc. of 80 acres.. The applicant proposes to operate an egg farm. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located approximately 1.6 miles north of the intersection of County Road 90N and Texas Farm-to-Market Road 2379, on the east side of County Road 90N, Wilbarger County, Texas. The plant site and disposal area are located in the drainage basin of , in Segment No. 0206, of the Red River Above Pease River.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 13462-006, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 510,000 gallons per day. The facility is located approximately 1/2 mile east of the intersection of Balli Road and Farm-to-Market Road 907 and approximately 500 feet west of the intersection of Balli Road and Tower Road in Hidalgo County, Texas. The treated effluent is discharged to Arroyo Colorado Above Tidal in Segment No. 2202 of the Nueces-Rio Grande Coastal Basin.

CITY OF QUITMAN has applied for a renewal of TPDES Permit No. 10254-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The facility is located approximately 0.3 mile west-northwest of the intersection of State Highway 37 and State Highway 154 (City of Quitman) and 700 feet north of State Highway 154 in Wood County, Texas.

CITY OF SAN AUGUSTINE has applied for a renewal of TNRCC Permit No. 10268-001, 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 northeast of the intersection of U.S. Highway 96 and Farm-to-Market Road 147 in San Augustine County, Texas.

SILVERLEAF RESORTS INC. has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0089362 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 12482-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 68,000 gallons per day. The plant site is located approximately 7600 feet south and 2400 feet east of the intersection of Farm-to-Market Road 49 and Farm-to-Market Road 2869 and 9.0 miles north of the Town of Hawkins in Wood County, Texas.

STEPHEN F. AUSTIN STATE UNIVERSITY has applied for a renewal of TPDES Permit No. 13161-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 5,000 feet south-southwest of the intersection of Farm-to-Market Roads 705 and 3127 in San Augustine County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of TPDES Permit No. 13613-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 500 feet east of Buggy Whip Creek and approximately 7,800 feet north of Posey on State Highway 71 in Hopkins County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT AND SABINE RIVER AUTHORITY has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of Permit No. 13857-001, which authorizes the disposal of treated domestic wastewater at a daily average seasonal flow not to exceed a 30-day average flow of 4,375 gallons per day (gpd) from November through April, 7,500 gallons per day during May and October, and 12,500 gallons per day from June through September, via surface irrigation of 3.0 acres of land. The facility and disposal site are located approximately 3,500 feet south-southeast of Spring Point and approximately 4,000 feet northwest of Autumn Point near White Deer Reach on the southwest shore of Lake Tawakoni in Hunt County, Texas.

CITY OF TROUP has applied for a renewal of TPDES No. 10304-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 308,000 gallons per day. The facility is located approximately 0.25 mile south of the Cherokee-Smith county line and 0.38 mile east of State Highway 110 and south of the City of Troup in Cherokee County, Texas.

WEST HARDIN COUNTY CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 11274-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The facility is located immediately south of the intersection of State Highway 105 and Farm-to-Market Road 770 and approximately 1000 feet east of Pine Island Bayou in Hardin County, Texas.

WESTWOOD WATER SUPPLY CORPORATION has applied for a renewal of TNRCC Permit No. 11337-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 4.5 miles north of the intersection of State Highway 63 and Farm-to-Market Road 255 adjacent to Sam Rayburn Reservoir and 15 miles northwest of the City of Jasper in Jasper County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 89 has applied for a major amendment to TNRCC Permit No. 12939-001 to authorize a decrease in the discharge of treated domestic wastewater from a daily average flow not to exceed 500,000 gallons per day to a daily average flow not to exceed 250,000 gallons per day and to authorize to move the wastewater treatment facility approximately 250 feet north of the current site. The plant site is located north of Fellows Road, approximately 3,600 feet west of the intersection of Fellows Road and Farm-to-Market Road 518 (Cullen Boulevard) in Harris County, Texas.

TRD-200103508

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 21, 2001

Notice of Water Rights Application

Intercontinental Terminals Company, 1943 Battleground Road, Deer Park, Texas 77536, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a temporary water use permit, for a period of one year, to divert and use 80 acre-feet of water at a maximum diversion rate of 3.34 cfs (1500 gpm) from the Houston Ship Channel, San Jacinto River Basin, for industrial (hydrostatic testing) purposes. Water will be diverted from a point located within Deer Park, Harris County, approximately 15 miles east of Houston. Should this permit be granted, 100 percent of the water diverted from the Houston Ship Channel will be returned to the Houston Ship Channel at a point located at applicant's facility.

Notice of the application is being mailed to the two water right holders located downstream of the applicant's diversion point to the terminus of the channel at Tabb's Bay. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the San Jacinto River Basin.

The application was received on February 20, 2001 and accepted for filing on February 28, 2001. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on February 28, 2001.

Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, by July 2, 2001. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by July 2, 2001. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

Daldav Associates, L.P., Two Corporate Center, 1390 Willow Pass Road #410, Concord, California 94520, applicant, seeks a permit pursuant to Texas Water Code Chapter 11.143 and Texas Natural Resource Conservation Commission Rules 30 TAC §295.1, et seq. Daldav Associates, L.P. submitted Application No. 5740 on March 22, 2001. The application was declared administratively complete on May 29, 2001. The Executive Director recommends that public notice of the application be published, pursuant to 30 TAC §295.152, allowing for a 30 day comment period. Pursuant to 30 TAC §295.153, this notice is being mailed to the downstream water right owners in the Trinity River Basin.

The applicant seeks authorization to maintain an existing dam and reservoir (Silveron Lake), originally constructed for domestic and livestock purposes, on an unnamed tributary of Denton Creek, tributary of East Fork Trinity River, tributary of the Trinity River, Trinity River Basin. The reservoir will be used for in-place recreational purposes in a public park and greenbelt area in a commercial campus in Denton County, Texas. The exempt reservoir covers a surface area of approximately 4.8 acres and impounds a total of 25 acre-feet of water at normal maximum operating level of 528.7 feet mean sea level. The top of the dam elevation is 533.5 feet msl.

Station 1+00 on the center point of the dam is located Latitude 32.988 degrees N, Longitude 97.054 degrees also being N 72.073 degrees, 2,825 feet from the southwest corner of the Joseph Knight Original Survey, Abstract No. 692, approximately 16 miles southeast of Denton, Texas.

To replace evaporative losses and to allow all inflows to which they are not entitled to pass through downstream, applicant has indicated the normal maximum operating level of the reservoir will be maintained using groundwater.

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. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

To request a contested case hearing on the above notices, 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;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions to the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the TNRCC will not issue the permit and will forward the application and hearing request to the TNRCC 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, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, 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 TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200103510

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 21, 2001

Revised Notice of a Public Meeting and Proposed General Permit Authorizing the Discharge of On-site Wastewater Treatment Systems for Single Family Residences Located Within the San Jacinto River Basin in Harris County

The Texas Natural Resource Conservation Commission (TNRCC) proposes to issue a general permit (Proposed General Permit No. TXG530000) covering discharges from on-site wastewater treatment systems for single family residences located in the San Jacinto River Basin in Harris County Texas, under §26.040 of the Texas Water Code. House Bill 1574, Texas 76th Legislative Session, requires the TNRCC to issue a general permit for the discharge of treated sewage into or adjacent to water in the state by a sewage treatment and disposal system if: the system produces less than 5,000 gallons per day (gpd); is located in a county with a population of 2.8 million or more that is an authorized agent under Chapter 366 of Health and Safety Code; the connection to an existing or proposed waste collection system is not feasible; is on property that: was subdivided and developed before January 1, 1979; and is of insufficient size to accommodate on-site disposal in compliance with the law.

The Executive Director has prepared a draft general permit, which sets the effluent limitations and treatment plant design requirements. The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.

A copy of the draft general permit and fact sheet are available for viewing and copying at the TNRCC Office of the Chief Clerk located at the TRNCC's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TNRCC's Regional 12 Office at 5425 Polk Avenue Suite H, Houston, Texas, and are available at http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/index.html

Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087 by July 20, 2001.

After the comment period, the Executive Director will consider all the public comments and prepare a response. The response to comments will be mailed to everyone who submitted public comments or who asked to be on a mailing list for this general permit. The general permit will then be set for the Commissioners' consideration at a scheduled Commission meeting.

In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing lists to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

If you need more information about this general permit or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Further information may also be obtained by calling Louis C. Herrin, III at (512) 239-4552.

TRD-200103509

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 21, 2001

Public Utility Commission of Texas

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on June 19, 2001, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of GEXA Corporation for Retail Electric Provider (REP) certification, Docket Number 24283 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire state of Texas.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 no later than July 13, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200103525

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2001

Notice of Application for Designation as an Eligible Telecommunications Provider and Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.417 and §26.418

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on June 15, 2001, for designation as an eligible telecommunications provider (ETP) and eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.417 and §26.418, respectively.

Docket Title and Number: Application of nii communications, Ltd. (NII) for Designation as an Eligible Telecommunications Provider (ETP) Pursuant to P.U.C. Substantive Rule §26.417 and Eligible Telecommunications Carrier (ETC) Pursuant to P.U.C. Substantive Rule §26.418. Docket Number 24265.

The Application: NII is requesting ETP designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal services in Texas. NII seeks ETP and ETC designation for numerous local exchanges within the service territory of Southwestern Bell Telephone Company (SWBT), in the state of Texas. NII holds Service Provider Certificate of Operating Authority Number 60240.

Persons who wish to comment on this application should notify the Public Utility Commission of Texas by July 21, 2001. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All correspondence should refer to Docket Number 24265.

TRD-200103615

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 25, 2001

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on June 20, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Stonebridge Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24287 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, switched access service, PBX Trunking, exchange access services and optional features, exchange usage services and operator, directory assistance, busy line verification/interrupt services, and carrier access services to other common carriers.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 no later than July 11, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200103527

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2001

Notice of Application for Waiver of Reporting Requirement in P.U.C. Substantive Rule §25.236(g)

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on June 21, 2001, for waiver of the reporting requirement imposed by P.U.C. Substantive Rule §25.236(g) regarding the filing of a final fuel reconciliation.

Docket Title and Number: Application of Southwestern Public Service Company (SPS) for Waiver of Requirement Imposed by P.U.C. Substantive Rule §25.236(g). Docket Number 24295.

The Application: The commission adopted P.U.C. Substantive Rule §25.236(g) establishing a schedule for each utility to file its final fuel reconciliation as required by the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001 - 64.158 (Vernon 1998 & Supplement 2000) (PURA). The schedule set out in the rule requires that SPS file its final fuel reconciliation on August 1, 2002. SPS reports that with the enactment of House Bill 1692 (HB 1692), the Texas Legislature has delayed electric industry restructuring for SPS until at least January 1, 2007. SPS further affirms that HB 1692 exempts SPS from the final fuel reconciliation authorized in PURA §39.202(c). Therefore, pursuant to P.U.C. Substantive Rule §25.3, SPS seeks a good cause exception to P.U.C. Substantive Rule §25.236(g).

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 call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24295.

TRD-200103620

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 26, 2001

Notice of Application of Administrative Tariff Changes Pursuant to P.U.C. Substantive Rule §26.207

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application of Verizon Southwest for Administrative Tariff Changes filed on May 17, 2001. A summary of the application follows:

Docket Style and Number: Application of Verizon Southwest for Administrative Tariff Changes Pursuant to P.U.C. Substantive Rule §26.207. Docket Number 24125.

The Application: Verizon Southwest (Verizon) filed tariff revisions to reflect changes in Reserved Telephone Numbers. Verizon stated the Federal Communications Commission (FCC) released the Second Part and Order, Order on Reconsideration in CC Docket Number 99-200, and Second Further Notice of Proposed Rulemaking in CC Docket Number 99-200 on December 29, 2000 to extend the number reservation service period to 180 days. This filing is being made to reflect the 180-day period. Verizon is deleting the monthly charge for this service.

Persons who wish to comment on this administrative filing should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission's Customer Protection Division at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200103528

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2001

Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On June 22, 2001, BroadBand Office Communications, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60321. Applicant intends to relinquish its certificate.

The Application: Application of BroadBand Office Communications, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 24302.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than July 11, 2001. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24302.

TRD-200103607

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 25, 2001

Notice of Workshop on PUC Investigation of the Need for Planning Reserve Margin Requirements

The staff of the Public Utility Commission of Texas (commission) will hold a workshop concerning the need for planning reserve margin requirements on Tuesday, July 10, 2001, at 9:00 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 24255, PUC Investigation of the Need for Planning Reserve Margin Requirements , was established for the purpose of investigating whether the adequacy of generating capacity reserve margins should be left to the market forces, or whether other means should be created to help ensure a minimum reserve margin and, if so, what means should be used. At the workshop, the staff of the commission will seek comment on the capacity markets and reserve margin requirements that have been implemented in other jurisdictions, including the lessons learned and the alternatives that could be implemented in Texas. Commission staff will also seek comment on the relevant policy issues that should be addressed.

Five days prior to the workshop, the commission will make available in Central Records under Project Number 24255 an agenda for the format of the workshop. Questions concerning the workshop or this notice should be referred to Richard Greffe, Market Oversight Division, (512) 936-7404. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200103623

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 26, 2001

Public Notice of Amendment to Interconnection Agreement

On June 19, 2001, Southwestern Bell Telephone Company and MCI WorldCom Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24279. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24279. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 19, 2001, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24279.

TRD-200103524

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2001

Public Notice of Amendment to Interconnection Agreement

On June 19, 2001, Southwestern Bell Telephone Company and McLeodUSA Telecommunications Services, Inc. doing business as CapRock Communications Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24285. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24285. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 19, 2001, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200103526

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2001

Public Notice of Amendment to Interconnection Agreement

On June 21, 2001, Southwestern Bell Telephone Company and 1-800-Reconex, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24298. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24298. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 23, 2001, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200103593

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 22, 2001

Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Verizon Southwest's Application for Approval of LRIC Study for ISDN PRI One Year Contract Pursuant to P.U.C. Substantive Rule §26.215 on or about June 29, 2001, Docket Number 24284.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 24284. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200103592

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 22, 2001

On June 18, 2001, Valor Telecommunications of Texas, LP and FamilyTel of Texas, LLC, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24272. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24272. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 19, 2001, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200103522

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2001

On June 18, 2001, Southwestern Bell Telephone Company and SelectPath, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24275. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24275. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 19, 2001, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200103523

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2001

On June 21, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and IVIT Communications Group, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24300. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24300. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 23, 2001, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-200103594

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 22, 2001