Texas State Affordable Housing Corporation
Multifamily Housing Revenue Bonds
Series 2007
Chaparral Village Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/11/2006, at 6:00pm, at the Ector County Library, 321 W 5th Street, Odessa 79761, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - Chaparral, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Odessa. The public hearing, which is the subject of this notice, will concern the Chaparral Village Apartments to be located at 1411 S. Grant St., City of Odessa, County of Ector, Texas, and to contain approximately 80 apartments. The Property will be owned by RHAC - Chaparral, LLC.
Cove Village Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/27/2006, at 6:00pm, at the Copperas Cove Public Library, 501 S Main St., Copperas Cove, TX 76522, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - Cove, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Copperas Cove. The public hearing, which is the subject of this notice, will concern the Cove Village Apartments to be located at 1102 Golf Course Rd., City of Copperas Cove, County of Coryell, Texas, and to contain approximately 50 apartments. The Property will be owned by RHAC - Cove, LLC.
El Nido Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/5/2006, at 6:00pm, at the Border Heritage Center, Main Library, 501 N. Oregon, El Paso, TX, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - El Nido, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of El Paso. The public hearing, which is the subject of this notice, will concern the El Nido Apartments to be located at 204 Alicia Dr., City of El Paso, County of El Paso, Texas, and to contain approximately 104 apartments. The Property will be owned by RHAC - El Nido, LLC.
Garden Village Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/12/2006, at 6:00pm, at the Mahon Public Library, 1306 9th St., Lubbock, TX79401, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - Garden, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Lubbock. The public hearing, which is the subject of this notice, will concern the Garden Village Apartments to be located at 1340 65th Dr., City of Lubbock, County of Lubbock, Texas, and to contain approximately 62 apartments. The Property will be owned by RHAC - Garden, LLC.
High Plains Village Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/12/2006, at 6:00pm, at the Mahon Public Library, 1306 9th St., Lubbock, TX79401, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - High Plains, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Lubbock. The public hearing, which is the subject of this notice, will concern the High Plains Village Apartments to be located at 1607 Iola Ave, City of Lubbock, County of Lubbock, Texas, and to contain approximately 50 apartments. The Property will be owned by RHAC - High Plains, LLC.
Jose Antonio Escajeda Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/5/2006, at 6:00pm, at the Border Heritage Center, Main Library, 501 N. Oregon, El Paso, TX, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - JAE, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of El Paso. The public hearing, which is the subject of this notice, will concern the Jose Antonio Escajeda Apartments to be located at 710 South Park, City of El Paso, County of El Paso, Texas, and to contain approximately 88 apartments. The Property will be owned by RHAC - JAE, LLC.
Los Ebanos Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/4/2007, at 6:00pm, at the Brownsville Public Library, 2600 Central Blvd., Brownsville, Texas, 78520, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - Ebanos, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Brownsville. The public hearing, which is the subject of this notice, will concern the Los Ebanos Apartments to be located at 2133 Barnard Rd, City of Brownsville, County of Cameron, Texas, and to contain approximately 65 apartments. The Property will be owned by RHAC - Ebanos, LLC.
Peppertree Acres Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/6/2006, at 6:00pm, at the Southwest Branch Library, 4001 Library Lane, Fort Worth, TX 76109, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - Peppertree, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Fort Worth. The public hearing, which is the subject of this notice, will concern the Peppertree Acres Apartments to be located at 6555 Sheridan Cir, City of Fort Worth, County of Tarrant, Texas, and to contain approximately 148 apartments. The Property will be owned by RHAC - Peppertree, LLC.
River Park Village East Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/27/2006, at 6:00pm, at the Copperas Cove Public Library, 501 S Main St., Copperas Cove, TX 76522, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - River Park, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Lampasas. The public hearing, which is the subject of this notice, will concern the River Park Village East Apartments to be located at 1309 Central Texas Expwy, City of Lampasas, County of Lampasas, Texas, and to contain approximately 50 apartments. The Property will be owned by RHAC - River Park, LLC.
Salem Village Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/25/2006, at 6:00pm, at the Victoria Public Library, 302 N. Main, Victoria, Texas 77901, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - Salem, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Victoria. The public hearing, which is the subject of this notice, will concern the Salem Village Apartments to be located at 5201 John Stockbauer Dr, City of Victoria, County of Victoria, Texas, and to contain approximately 105 apartments. The Property will be owned by RHAC - Salem, LLC.
Sierra Vista Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/5/2006, at 6:00pm, at the Border Heritage Center, Main Library, 501 N. Oregon, El Paso, TX, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - Sierra, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of El Paso. The public hearing, which is the subject of this notice, will concern the Sierra Vista Apartments to be located at 10501 Montwood, City of El Paso, County of El Paso, Texas, and to contain approximately 106 apartments. The Property will be owned by RHAC - Sierra, LLC.
Spring Terrace Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/13/2006, at 6:00pm, at the Southwest Branch, 6801 W 45th, Amarillo, Texas, 79109, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - Spring, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Amarillo. The public hearing, which is the subject of this notice, will concern the Spring Terrace Apartments to be located at 2600 S. Spring St., City of Amarillo, County of Potter, Texas, and to contain approximately 50 apartments. The Property will be owned by RHAC - Spring, LLC.
Win-Lin Village Apartments
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") on 6/13/2006, at 6:00pm, at the Southwest Branch, 6801 W 45th, Amarillo, Texas, 79109, with respect to an issue of multifamily housing revenue bonds (the "Bonds") to be issued by the Issuer in one or more series in an aggregate principal amount not to exceed $15,000,000, the proceeds of which will be loaned to RHAC - WinLin, LLC, to finance the acquisition, construction, rehabilitation or renovation of a multifamily housing property (the "Property") located in the city of Amarillo. The public hearing, which is the subject of this notice, will concern the Win-Lin Village Apartments to be located at 5700 Wabash St., City of Amarillo, County of Potter, Texas, and to contain approximately 50 apartments. The Property will be owned by RHAC - WinLin, LLC.
All interested parties are invited to attend such public hearing to express their views with respect to the Property and the issuance of the Bonds. Questions or requests for additional information may be directed to David Danenfelzer at the Texas State Affordable Housing Corporation, 1005 Congress Avenue, Suite 500, Austin, Texas 78701; 1-888-638-3555 ext. 403.
Persons who intend to appear at the hearing and express their views are invited to contact David Danenfelzer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to David Danenfelzer prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting should contact Laura Ross, ADA Responsible Employee, at 1-888-638-3555, ext. 400 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.
Individuals who require child care to be provided at this meeting should contact Laura Ross at 1-888-638-3555, ext. 400, at least five days before the meeting so that appropriate arrangements can be made.
Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to David Danenfelzer at ddanenfelzer@tsahc.org.
TRD-200701910
David Long
Executive Director
Texas State Affordable Housing Corporation
Filed: May 16, 2007
Weights and Measures Administrative Penalty Matrix
The Texas Legislature, under Chapter 13 of the Texas Agriculture Code (Code), has given the Texas Department of Agriculture (department) the responsibility to provide consumers and businesses a fair and efficient trade environment and to encourage consumer confidence. To accomplish these goals the department registers commercial weighing and measuring devices and inspects them on a routine basis; inspects packaged goods to ensure that they are properly labeled and correctly weighed; and conducts price verification inspections to ensure that electronic scanning systems and manual price recognition systems operate correctly.
The department is publishing the following Weights and Measures Administrative Penalty Matrix to inform the regulated public regarding the consequences of noncompliance with Chapter 13 of the Texas Agriculture Code (Code) and rules adopted under that chapter, as published in Chapter 12 of Title 4 of the Texas Administrative Code (TAC). This matrix has been developed to provide consistent, uniform, and fair penalties for violations of the aforementioned statutory and rule provisions. The department's authority to assess penalties for the enforcement of Chapter 13 and associated rules is found in §§12.020, 13.306, 13.356, 13.405, 13.1012, and 13.2555 of the Code. By law, the department may assess administrative penalties up to a maximum of $500 for each violation. Each day that a violation continues or occurs may be considered a separate violation for purposes of assessing administrative penalties.
This matrix is based on current information. As the enforcement of these types of violations continues and additional data are gathered, the matrix will be reviewed and, if need be, adjusted to reflect any changes in the information upon which the current matrix is based. This matrix replaces the one previously published in the December 27, 1996, issue of the Texas Register (21 TexReg 12585). This matrix is effective immediately upon publication in the Texas Register and supersedes all previous matrices for those violations committed on or after the date of publication.
The general penalties set forth in this matrix were established by considering the criteria set forth in the Code, §12.020(d): (1) the seriousness of the violation, including but not limited to the nature, circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public; (2) the damage to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter future violations; (5) efforts to correct the violation; and (6) any other matter that justice may require.
Although every attempt has been made to be comprehensive in this matrix in specifying the penalties for particular types and levels of noncompliance, the department, taking the above factors into account for the particular circumstances, may, as justice requires, assess penalties greater than specified in this matrix, bound only by the statutory limits, when the misconduct is knowing, deliberate, and causes or potentially causes serious economic harm to a large number of Texas consumers. Alternatively or additionally, in appropriate cases and notwithstanding the provisions of this penalty matrix, instances of serious fraud or deliberate violation of the state's weights and measures laws may be referred to the Office of the Attorney General for civil penalties up to $10,000 per occurrence per day or to a local district or county attorney for either civil penalties (also up to $10,000 per occurrence per day) or criminal prosecution or both.
In addition to or in lieu of administrative penalties, the department is authorized to lock-down or otherwise prohibit the use of any weighing of measuring device that does not operate within the tolerances established or adopted by the department, that is not properly maintained according to standards established or adopted by the department, or that is not properly registered as required by the Code or rules adopted under the authority of the Code. The department is further authorized to seek injunctive relief.
Weights and Measures Administrative Penalty Matrix (.pdf)
TRD-200701875
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: May 15, 2007
The Brazos Valley Council of Governments (BVCOG) is soliciting quotes for a Registered Nurse to provide clinical and case management monitoring for a total of four HIV subcontractors located in the cities of Bryan, Temple, Waco, and San Angelo, Texas. The Request for Quotes (RFQ) can be downloaded at http://hiv.bvcog.org or by request to Crystal Crowell at (979) 595-2830, via e-mail at ccrowell@bvcog.org, or by fax at (979) 595-2815.
The purpose of the RFQ is to solicit proposals for a Clinical Monitor who will be responsible for monitoring HIV service providers for compliance with Ryan White, Texas Department of State Health Services, and BVCOG requirements and minimum standards and providing technical assistance to providers in meeting the requirements. Monitoring must be provided at least annually to each subcontractor, or more often if necessary depending on the performance of the subcontractor. Monitoring duties include performing desktop audits and on-site visits, completing monitoring reports, and providing assistance in meeting minimum standards. Services may also include providing additional technical assistance as needed.
The primary consideration in selecting individuals to conduct clinical and case management monitoring shall be on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price as illustrated in the response submitted.
The deadline for proposals is 5:00 p.m. CST on Friday, June 15, 2007. Please direct questions in writing to Crystal Crowell, HIV Program Manager, at: ccrowell@bvcog.org or FAX: (979) 595-2815. Deadline for questions is Tuesday, June 5, 2007, 5:00 p.m. CST.
TRD-200701880
Tom Wilkinson
Executive Director
Brazos Valley Council of Governments
Filed: May 15, 2007
Notice of Request for Proposals
Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP No. 178d) for master trust custodian services in connection with the administration of the prepaid higher education tuition program. The funds to be managed are funds from contracts and investments of the program known as the Texas Tomorrow Funds (Program). The Comptroller and Board request proposals for master trust custodian services for the Program. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about July 31, 2007, with transition complete, if necessary, and services available on or before September 1, 2007.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, May 25, 2007, after 10:00 a.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) after 10:00 a.m. on Friday, May 25, 2007. The website address is http://esbd.tbpc.state.tx.us
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, June 8, 2007. Respondents are encouraged to fax Non-Mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or before Friday, June 15, 2007, the Comptroller expects to post responses to questions as a revision to the electronic notice of the issuance of the RFP. Late Non-mandatory Letters of Intent and Questions received after the deadline will not be considered; all respondents are solely responsible for ensuring timely receipt of Questions and Letters of Intent in the Issuing Office.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (in ROOM G24) no later than 2:00 p.m. (CZT), on Friday, June 29, 2007. Late proposals received after this time and date will not be considered; all respondents are solely responsible for ensuring timely receipt of proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board makes the final decision on award(s). The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - Friday, May 25, 2007, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent & Questions Due - June 8, 2007, 2:00 p.m. CZT; Official Responses to Questions posted - June 15, 2007; Proposals Due - June 29, 2007, 2:00 p.m. CZT; Contract Execution - July 31, 2007, or as soon thereafter as practical; Transition Complete and Services Available under Contract - September 1, 2007.
TRD-200701895
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 16, 2007
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/21/07 - 05/27/07 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/21/07 - 05/27/07 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.
TRD-200701863
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 15, 2007
Applications for a Merger or Consolidation
Notice is given that the following applications have been filed with the Credit Union Department (Department) and is under consideration:
An application was received from South Texas Credit Union (Kenedy) seeking approval to merge with KCTA Federal Credit Union (Kenedy), with the latter being the surviving credit union.
An application was received from America’s Credit Union (Garland) seeking approval to merge with Imco Employees Credit Union (Garland). America’s Credit Union will be the surviving credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200701893
Harold E. Feeney
Commissioner
Credit Union Department
Filed: May 16, 2007
Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:
An application was received from Smart Financial Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, or attend school in and businesses located in a designated underserved area of Harris County, Montgomery County, or Fort Bend County, Texas, to be eligible for membership in the credit union.
An application was received from EDS Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in the United States within a ten (10) mile radius of the EDS Credit Union branch located at 400 Renaissance Center, Detroit, Michigan 48243, to be eligible for membership in the credit union.
An application was received from First Service Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Deep Marine Technology Inc. who work in or are paid from Houston, Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200701892
Harold E. Feeney
Commissioner
Credit Union Department
Filed: May 16, 2007
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
Edinburg Teachers Credit Union, Edinburg, Texas - See Texas Register issue, dated February 2, 2007.
Application(s) for a Merger or Consolidation - Approved
GAF Federal Credit Union (Dallas) and Neighborhood Credit Union (Dallas) - See Texas Register issue, dated March 30, 2007.
DNC Federal Credit Union (Mineral Wells) and EECU (Fort Worth) - See Texas Register issue, dated March 30, 2007.
Articles of Incorporation - 50 Years to Perpetuity - Approved
Baylor Health Care Systems Credit Union, Dallas, Texas
TRD-200701894
Harold E. Feeney
Commissioner
Credit Union Department
Filed: May 16, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 25, 2007. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 25, 2007. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Ameri-Forge Limited; DOCKET NUMBER: 2007-0227-IWD-E; IDENTIFIER: RN102075686; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: metal fabricating; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.125(a), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 03767, Effluent Limitations and Monitoring Requirements for Outfall 001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits at outfall 001; PENALTY: $7,080; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: DCP Midstream, LP; DOCKET NUMBER: 2007-0124-AIR-E; IDENTIFIER: RN100219955; LOCATION: Hansford County, Texas; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §101.10 and Texas Health & Safety Code (THSC), §382.085(b), by failing to include emissions on an emissions inventory questionnaire; 30 TAC §106.4(c) and §106.512(2)(B) and THSC, §382.085(b), by failing to maintain emission control equipment in good condition and operated properly; 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to apply for renewal of new source review permit number 19317; 30 TAC §101.20(1), 40 Code of Federal Regulations §60.18(c)(2) and (e), and THSC, §382.085(b), by failing to operate the flare with a flame present at all times; 30 TAC §122.145(2)(A) and THSC, §382.085(b), by failing to include all instances of deviations on a semiannual deviation report; and 30 TAC §101.27, the Code, §5.702, and THSC, §382.085(b), by failing to pay outstanding emission fees; PENALTY: $41,440; Supplemental Environmental Project (SEP) offset amount of $16,576 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(3) COMPANY: Dome Hydrocarbons, L.C.; DOCKET NUMBER: 2007-0207-AIR-E; IDENTIFIER: RN100214352; LOCATION: Baytown, Chambers County, Texas; TYPE OF FACILITY: industrial organic chemical manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit (FOP) O-01572, Special Condition 12, and THSC, §382.085(b), by failing to submit an annual compliance certification; and 30 TAC §122.143(4) and §122.145(2)(B) and (C), FOP O-01572, Special Condition 12, and THSC, §382.085(b), by failing to submit a timely deviation report; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: City of Miami; DOCKET NUMBER: 2005-0447-MWD-E; IDENTIFIER: RN101916708; LOCATION: Miami, Roberts County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11027001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; and 30 TAC §305.125(17) and TPDES Permit Number 11027001, Monitoring and Reporting Requirements Number 1, by failing to submit annual sludge reports; PENALTY: $12,250; Supplemental Environmental Project (SEP) offset amount of $9,800 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(5) COMPANY: M R K Investment Corporation dba El Primero Training Center; DOCKET NUMBER: 2007-0114-PWS-E; IDENTIFIER: RN101440691; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: racehorse training and breeding operation with a public water supply; RULE VIOLATED: 30 TAC §290.39(m), by failing to provide written notification to the commission of the startup of a new public water supply system; and 30 TAC §290.42(o)(3), by failing to provide disinfection equipment; PENALTY: $600; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Nalco Company; DOCKET NUMBER: 2007-0306-AIR-E; IDENTIFIER: RN102895745; LOCATION: Sugar Land, Fort Bend County, Texas; TYPE OF FACILITY: specialty chemical plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 2590, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $4,750; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Palo Duro Service Company, Inc.; DOCKET NUMBER: 2007-0390-PWS-E; IDENTIFIER: RN101185684; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement or an exception to the easement requirement; 30 TAC §290.41(c)(3)(N), by failing to provide an operable flow meter; 30 TAC §290.46(f), by failing to maintain records of water works operations; 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.110(b)(4), by failing to maintain a minimum of 0.2 milligrams per liter chlorine residual; PENALTY: $420; ENFORCEMENT COORDINATOR: Christopher Miller, (512) 239-6580; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: John Tamez dba Plastics International North; DOCKET NUMBER: 2005-1274-MSW-E; IDENTIFIER: RN102854478; LOCATION: Canutillo, El Paso County, Texas; TYPE OF FACILITY: plastics grinding and recycling; RULE VIOLATED: 30 TAC §327.3(b), by failing to notify the agency as soon as possible but no later than 24 hours after determination that a reportable discharge or spill has occurred; 30 TAC §330.5(a), by failing to store solid waste in a manner so as to prevent the creation and maintenance of a nuisance and the endangerment of human health and welfare of the environment; 30 TAC §330.22, by failing to store all solid waste in a manner so as to prevent a fire, safety, or health hazard; and 30 TAC §327.5(a) and the Code, §26.266(a), by failing to immediately abate and contain a spill or discharge and cooperate fully with the executive director and the local incident command system; PENALTY: $21,000; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(9) COMPANY: Pulte Homes of Texas, L.P.; DOCKET NUMBER: 2007-0299-EAQ-E; IDENTIFIER: RN104206438; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: single family subdivision construction site; RULE VIOLATED: 30 TAC §213.4(g)(3) and Edwards Aquifer Protection Program (EAPP) Files numbers 2156.00 and 2156.01, Standard Conditions Number 2, by failing to submit to the TCEQ proof of recordation; 30 TAC §213.4(j)(2) and EAPP File Numbers 2156.00 and 2156.01, Standard Conditions Number 4, by failing to submit and receive approval of modifications to an EAPP prior to performing a regulated activity; 30 TAC §213.5(b)(4)(D)(ii)(II) and EAPP File Numbers 2156.00 and 2156.01, Standard Conditions Number 14, by failing to submit to the TCEQ written documentation from a Texas licensed professional engineer certifying that the permanent best management practices (BMP) or measures were constructed as designed; 30 TAC §213.4(k) and EAPP File Numbers 2156.00 and 2156.01, Standard Conditions Numbers 15 and 17, by failing to maintain permanent BMPs after construction; 30 TAC §213.4(k) and EAPP File Numbers 2156.00 and 2156.01, Standard Conditions Number 6, by failing to maintain temporary erosion and sedimentation controls prior to construction; and 30 TAC §205.6 and the Code, §5.702 and §26.0291, by failing to pay outstanding general permit storm water fees and associated late fees; PENALTY: $11,000; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(10) COMPANY: Rice Water Supply and Sewer Service Corporation; DOCKET NUMBER: 2007-0229-MWD-E; IDENTIFIER: RN102997343; LOCATION: Navarro County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11028001, Final Effluent Limitations and Monitoring Requirements Number 1, 3, and 6 for Outfall 001A, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; and 30 TAC §305.125(17), TPDES Permit Number 11028001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $13,100; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200701874
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 15, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) is issuing amendments to the air quality standard permit for electric generating units, under Texas Health and Safety Code (THSC), Texas Clean Air Act, §382.05195, Standard Permit, and Title 30 Texas Administrative Code (30 TAC) Chapter 116, Subchapter F, Standard Permits. The amended air quality standard permit became effective May 16, 2007.
Copies of the amended standard permit may be obtained from the TCEQ Web site at http://www.tceq.state.tx.us/permitting/air/newsourcereview/combustion/egu_sp.html or by contacting the TCEQ, Office of Permitting, Remediation, and Registration, Air Permits Division, at (512) 239-1250.
OVERVIEW OF AIR QUALITY STANDARD PERMIT AMENDMENTS
The amendments to the standard permit increase the nitrogen oxides (NOsub>x ) emission limit for electric generating units (EGUs) with a capacity of 250 kilowatts (kW) or less, located in East Texas and operated for more than 300 hours per year. The amendments also increase the NOx emission limit for EGUs that combust landfill gas, digester gas, or stranded oilfield gas. The amendments provide a more flexible NO x emission limit during periods of reduced load, and provide an exemption from NO x limits during periods of extremely low ambient temperatures. The amendments provide more flexibility concerning the use of renewable fuels. An amendment eliminates the hydrogen sulfide (H 2 S) concentration limit for gaseous fuels, which is not needed because gaseous fuels are subject to a total sulfur concentration limit which is protective. The amendments also exclude boilers from using the EGU standard permit, as the recently issued boiler standard permit is more appropriate for that type of combustion equipment. Other amendments improve the organization, readability, and enforceability of the standard permit.
PUBLIC NOTICE AND COMMENT PERIOD
In accordance with 30 TAC §116.605, Standard Permit Amendment and Revocation, the TCEQ published notice of the proposed amended standard permit in the April 7, 2006, issue of the Texas Register (31 TexReg 3081). The notice was also published in the newspapers of the largest general circulation in Austin, Houston and Dallas on April 7, 2006. The public comment period was from the date of publication until 5:00 p.m. on May 10, 2006.
PUBLIC MEETING
A public meeting on the proposed amendments was held on May 10, 2006, at 1:30 p.m., at the TCEQ, Building F, Room 2210, 12100 Park 35 Circle, Austin, Texas.
ANALYSIS OF COMMENTS
Written comments were received from Central Pallet, Inc., Corrugated Services, L.P., Cratech, Inc., the Engine Manufacturers Association (EMA), Good Company Associates (on behalf of the Texas Distributed Generation Working Group), Greatwide Distribution Logistics, GWG Wood Group, HCS Group, Inc., Letco Group L.P., Lloyd Gosselink on behalf of Safe Fuels, Inc. (Lloyd Gosselink), Service Waste Inc., Solar Turbines, Inc., Sunergie, Inc., Texas Renewable Energy Industries Association (TREIA), United States Department of Energy (US DoE), White's Wood Group, Inc., and Zilkha Biomass Energy, L.L.C.(Zilkha). Oral comments were received from Good Company Associates, representing the Texas Distributed Generation Working Group. The commenters generally suggested changes to the proposed amendments to the standard permit.
Cratech, Inc. indicated support for the proposed amendments, specifically concerning the use of gaseous fuels derived from biomass.
The commission appreciates the support.
Lloyd Gosselink and TREIA generally supported the proposed inclusion of biodiesel as an accepted type of renewable fuel under the standard permit.
The commission appreciates the support.
Lloyd Gosselink and TREIA commented that under the proposed standard permit, liquid renewable fuels such as biodiesel are treated in the same manner as conventional, non-renewable liquid fuels, while gaseous renewable fuels would be allowed to meet a proposed emission limit of 1.90 lb/MWh. Lloyd Gosselink and TREIA commented that all renewable fuels should be treated similarly, regardless of whether they are liquid renewable fuels or gaseous renewable fuels. Lloyd Gosselink and TREIA commented that the use of all forms of renewable fuel should be encouraged.
The commission concurs that, considering the direct and indirect benefits of renewable fuels, it is appropriate that liquid renewable fuels be categorized with gaseous renewable fuels under the proposed 1.90 lb/MWh standard. The commission has modified the standard permit conditions accordingly. However, in practice, it may be difficult for liquid renewable fuels to achieve the 1.90 lb/MWh standard without a high degree of emission control. Liquid renewable fuels may be more practical to employ in West Texas areas, which are subject to less stringent NOx limitations. Although the commission desires to encourage the use of renewable fuels, the commission must carefully consider the environmental impacts of each authorized fuel type, particularly in areas such as East Texas, which are highly sensitive to NOx emissions and corresponding ozone nonattainment concerns.
Zilkha, Sunergie Inc., and TREIA commented that the standard permit should allow use of renewable solid fuels (such as biomass). Zilkha stated that, as proposed, the standard permit was biased towards renewable generation powered by liquid and gaseous fuels. Zilkha and Sunergie Inc. suggested that emissions from solid renewable fuels could be minimized by only allowing those renewable fuels that contain no foreign additives not found in the fuel's natural state.
The commission has considered the possible inclusion of solid renewable fuels as an allowed fuel type under the standard permit. The varied composition of solid renewable fuels and the technical complexity associated with the handling and combustion of those fuels makes it difficult to address such a broad category in a standard permit. For example, various types of solid fuels may have widely varying concentrations of sulfur, chlorine, nitrogen, mercury, or other constituents, that could result in unacceptable emissions of these compounds. In addition, combustion of some solid fuels may result in excessive particulate matter emissions or excessive organic hazardous air pollutant (HAP) emissions. The use of solid fuels also produces emissions from material handling that may be significant. These factors make a case-by-case, detailed review necessary to ensure protection of human health and the environment. For this reason, it is not suitable to authorize combustion of all solid renewable fuels in the standard permit. In addition, solid fuels tend to be used to fire boilers, rather than units such as engines or turbines, and the commission has determined that boilers should be authorized under the recently issued Air Quality Standard Permit for Boilers (Boiler standard permit), not the Air Quality Standard Permit for Electric Generating Units (EGU standard permit). No changes were made in response to this comment.
HCS Group, Inc., Central Pallet, Inc., Corrugated Services, L.P., Service Waste, Inc., White's Wood Group, Letco Group, L.P., Greatwide Distribution Logistics, and GWG Wood Group commented that wood should be an allowed fuel type under the standard permit. HCS Group, Inc. commented that the overall societal benefits of wood as a fuel make it a more attractive fuel than natural gas. Some examples of the societal benefits that HCS Group, Inc. cited include: reduced consumption of fossil fuels, no net increase of carbon content above ground, reduced landfill burdens, and reduced transportation impacts associated with disposal of wood waste. Central Pallet, Inc. commented that wood-fueled power projects would increase energy independence and improve energy supply reliability and efficiency. GWG Wood Group commented that use of wood would reduce consumption of fossil fuels. Central Pallet, Inc., GWG Wood Group, and White's Wood Group commented that small CHP plants using wood as fuel could deliver greater energy efficiency than larger biomass to energy plants. Corrugated Services, L.P., Service Waste, Inc., Letco Group, L.P., and Greatwide Distribution Logistics commented that allowing wood as a fuel type would reduce the volume of wood waste directed to landfills. Central Pallet, Inc. and Service Waste, Inc. recommended an emission limit of 0.55 lb NOx/MWh for wood fired units. HCS Group, Inc. and Corrugated Services, LP recommended an emission limit of 1.90 lb NOx/MWh for wood fired units. HCS Group, Inc. suggested an emission limit of 0.55 lb NO x /MWh as an alternative if the 1.90 lb/MWh limit was not feasible. HCS Group, Inc. commented that other pollutants (such as particulate matter, HAPs, and others) could be accounted for and addressed through the PI-1S registration process.
Although waste wood does appear to be a promising fuel source with considerable benefits, after careful consideration the commission has determined that it would not be appropriate to authorize wood-fired EGUs under this standard permit. This is due to a combination of technical and strategic factors. The EGU standard permit was primarily intended to authorize units such as turbines, engines, and fuel cells. By their nature, these units cannot typically operate on solid fuels, and solid fuels were never contemplated during the development of the original EGU standard permit. The commission does not have a large body of information about the range of emissions from wood-fired units and associated material handling and fugitive sources. Due to this current lack of information, an attempt to authorize wood-fired units in a standard permit at this time would require a number of stringent conditions and restrictions that would result in a very limited authorization which would most likely serve little practical use. At the present time, a case-by-case NSR permit is the best means to ensure protection of human health, while simultaneously allowing adequate operational flexibility for wood-fired units.
In addition, the commission has recently issued a standard permit for boilers, and even if the technical and environmental factors associated with wood-fired boilers can be resolved such that authorization under a standard permit would be feasible, it would be more appropriate for those units to be addressed under the Boiler standard permit than the EGU standard permit. The boiler standard permit was developed specifically to address boilers, and includes emission standards and monitoring requirements that are specifically intended for boilers. It would be inappropriate for the EGU standard permit to overlap with the boiler standard permit. For these reasons, the commission has added a restriction to exclude boilers from claiming the EGU standard permit as a method of authorization. Boilers will need to be authorized under the boiler permit by rule in 30 TAC §106.183, Boilers, Heaters, and Other Combustion Devices, the boiler standard permit, or a case-by-case NSR permit.
US DoE commented that the proposed standard permit did not allow for the use of a comprehensive mix of biomass fuels. US DoE commented that allowing a broader range of biomass fuels would provide more flexibility for electrical production, and co-feeding of biomass and biomass-derived synthesis gas with fossil fuels would reduce NO x , SO x , and H 2 S emissions. US DoE recommended that the definition of renewable fuels be revised to include woody biomass; forest, yard, or agricultural crop residues; grasses; biomass synthesis gas; and black liquor from pulp mills.
The commission encourages the use of renewable fuels, including fuels derived from biomass. The standard permit would allow the use of gaseous fuels derived from biomass. However, the use of fuels such as grasses, crop residues, or black liquor poses a more complex situation that makes a case-by-case review of those fuels necessary to ensure protection of human health and the environment. Therefore, the commission declines to incorporate those fuels into the standard permit.
EMA indicated general support for amending the NOx emission limits for small EGUs in East Texas. However, EMA commented that the proposed changes are too narrow in scope, and did not sufficiently address larger units (units having a capacity greater than 100 kW but equal to or less than 2 MW). EMA commented that even at a NOx emission limit of 0.5 lb/MWh, a 100% compliance rate for engines is not feasible due to variations in fuel composition, operating conditions, and ambient environmental factors. EMA also commented that the cost of emission reduction systems that could meet those levels is not economically feasible. EMA recommended a NOx standard for distributed generation (DG) sources in East Texas in the range of 1.4 - 2.2 lbs/MWh, for units with a capacity of 2 MW or less. EMA commented that these higher emission limits would allow wider use of high efficiency engines with CHP, which EMA stated are more efficient power producers than central station power plants, microturbines, or fuel cells.
The commission acknowledges that the proposed changes were limited. NO x emissions in East Texas are a major concern, and the standard permit is intended to ensure that DG projects in East Texas do not interfere with attainment of the ozone standard. The commission does not support EMA's proposed NO x standard of 1.4 - 2.2 lb/MWh, for units with a capacity of 2 MW or less. A number of existing technologies are able to achieve significantly better NO x performance than EMA's suggested limit, at reasonable cost. However, the commission has increased the capacity threshold for the 0.14 lb/MWh standard to 250 kW instead of the proposed 100 kW. This change will make it easier to authorize small engines and turbines that have minimal NO x emissions, while maintaining appropriate control over NO x sources in East Texas. The commission selected a 250 kW transition point because there are commercially available EGUs in this size range that can meet the 0.14 lb/MWh limit; a review of commission records indicates that there was minimal deployment of units between 250 kW - 1 MW even when the 0.47 lb/MWh standard applied; and units smaller than 250 kW are very small sources of NO x even when operating under a 0.47 lb/MWh limit.
Zilkha, Sunergie, Inc., and TREIA commented that the proposed increase in the allowed East Texas NO x limit for very small units (those equal to or less than 100 kW) does not sufficiently address the difficulty of controlling small units. Zilkha and Sunergie, Inc. recommended a de minimis threshold of 35 tons per year, to allow small units with relatively insignificant annual emissions to qualify for the standard permit. Zilkha and Sunergie, Inc. also recommended that the capacity level for the proposed 0.47 lb/MWh standard be increased from 100 kW to 5 MW.
The commission does not agree that the standard permit should employ a de minimis NOx threshold of 35 tons per year. The cumulative effect of a number of 35 tpy units could be significant. The commission also does not agree that the capacity level for the 0.47 lb/MWh standard should be raised to 5 MW, because this could also result in significant NO x emissions. However, the commission has revised the standard permit to allow units up to 250 kW to comply with the 0.47 lb/MWh emission limit.
Good Company Associates (on behalf of the Texas Distributed Generation Working Group) commented that technology in the distributed generation industry has not progressed according to the 2001 forecasts that the East Texas 0.14 lb/MWh standard was based upon. Good Company Associates commented that the proposed changes are not sufficient to address the needs of the distributed generation industry.
The commission acknowledges that distributed generation technology has not progressed to the extent expected when the 0.14 lb/MWh standard was established. However, technology is available that can meet the terms and conditions of the EGU standard permit, at reasonable cost. The increased capacity threshold (250 kW) associated with the 0.14 lb/MWh standard will make it easier for small engines and turbines to be authorized under the standard permit. The increased NO x limit for units firing landfill gas, digester gas, and stranded oilfield gas, will make the standard permit more functional for those units. The adopted standard permit also provides increased flexibility for units operating on renewable fuels, and more flexibility for situations involving reduced loads and cold ambient temperatures. However, the EGU standard permit is not intended to cover every project, and applicants maintain the option to obtain authorization under a case-by-case permit in cases where the EGU standard permit is not suitable.
Good Company Associates commented that there are no mature technologies that can meet and sustain the 0.14 lb/MWh NO x emission limit without the use of additional control technologies (such as the combined use of exhaust gas recirculation and selective catalytic reduction (SCR)). Good Company Associates commented that application of SCR typically costs between $25,000 - 40,000 per ton of NO x controlled, which is several times the $5,500 per ton that TCEQ pays for NO x reductions under the TERP program. Good Company Associates also commented that the capital costs for continuous monitoring equipment for these size projects ranges between $150,000 - 200,000, and does not include expensive annual operating and maintenance costs.
The commission does not agree that there are no technologies that can meet and sustain the 0.14 lb/MWh emission limit. Equipment such as the Solar Mercury turbine, the Lean One engine from Blue Point Energy, engine control packages from Attainment Technologies Inc., and catalytic turbine technology from Catalytica, Inc., have the potential to meet the emission standard. In some cases, additional control or CHP credit may be needed in addition to the base unit. Additional low-NO x technologies are being developed by several vendors. The costs associated with the operation and maintenance of the various controls will vary greatly depending on the individual project. In cases where meeting the standard permit is not economically feasible, applicants may apply for a case-by-case NSR permit, where specific costs can be further considered in the Best Available Control Technology (BACT) determination. No changes were made in response to this comment.
Good Company Associates commented that, based on a review of certified emission results for nearly 200 internal combustion engines in California's SCAQMD, the only systems found to meet the 0.14 lb/MWh limit without aftertreatment were 4 natural gas engines with a capacity of 100 kW or less. Of units between 100 kW - 10 MW, only one engine was close to meeting the 0.14 lb/MWh standard. The average emission performance for the other units was over 13.42 lb/MWh.
The commission anticipates that a majority of in-service engines would have NO x emissions exceeding the East Texas 0.14 lb/MWh standard. The EGU standard permit does not specify the type of equipment that must be used (engine, turbine, fuel cell, etc.) so in cases where an engine is unable to meet the terms of the standard permit, the registrant could consider other equipment types, or consider applying for a case-by-case permit. No changes were made in response to this comment.
Good Company Associates commented that the February 2005 EPA standard for new stationary combustion turbines with a capacity under 30 MW is 1.0 lb NOx/MWh. Good Company Associates commented that EPA considered the use of SCR in setting the NO x standard, but EPA determined that the costs for SCR were high compared to the incremental difference in emissions. Good Company Associates also noted that EPA determined that SCR and other control measures could be infeasible on small turbines because of space considerations and the small size of the turbine combustion chamber. Good Company Associates commented that the only turbine that can approach the 0.14 lb/MWh standard is the Solar Mercury 50, which is capable of NO x emissions as low as 0.17 lb/MWh, but still cannot achieve the standard without the use of CHP credits or additional emission controls.
Federal New Source Performance Standards (NSPS) such as 40 CFR Part 60, Subpart KKKK, are essentially a technology "floor" for new and modified equipment. The NSPS standards do not take into account local issues with air quality, such as the commission's current efforts to address ozone nonattainment in Texas. A standard permit is required to consider protection of human health and the environment in more specific ways than federal NSPS regulations. It is not unusual for control requirements associated with NSR permits and standard permits to exceed control requirements of federal NSPS regulations. Concerning the Solar Mercury turbine, although the commission does not yet have test data on that model, it is anticipated that the installed performance of the unit may achieve the 0.14 lb/MWh standard directly, without use of CHP or additional controls. However, the commission expects that, in most installations, CHP would be applied to recover waste heat, which would further facilitate compliance with the standard. No changes have been made in response to this comment.
Good Company Associates commented that the 0.14 lb/MWh standard is the most restrictive NO x emissions requirement for distributed generation systems in the country, and that this stringent emission limit is hindering the Texas market for distributed generation. Good Company Associates commented that a relaxed emission standard for distributed generation could actually result in an overall reduction of NO x emissions, citing a 2003 study by Hadley and Van Dyke of the Oak Ridge National Laboratory. The study showed that even if the NO x emission limit for distributed generation was increased, those distributed generation emissions would be offset by reduced emissions from relatively high-emitting "peaking" power plants.
The commission acknowledges that the 0.14 lb/MWh standard is aggressive for small units, but emission limitations in other states with similar air pollution concerns are also becoming more stringent. For example, the California Air Resources Board's 2007 NO x emission standard for distributed generation certification is 0.07 lb/MWh. As an overall performance level, 0.14 lb/MWh is equivalent to BACT for large gas-fired power plants, and this BACT level has been applied for a number of years. Distributed generation projects that cannot meet the standard permit can be authorized using the standard case-by-case NSR permitting process. The commission does not dispute the possibility that a higher NO x emission limit in the standard permit could allow faster implementation of distributed generation in Texas, and could conceivably result in lower overall NO x emissions. However, the complexity of determining the net effect, and the difficulty in enforcing the reductions at peaking units, make it difficult to rely on such a strategy for regulatory purposes. No changes were made in response to this comment.
Good Company Associates commented that the East Texas NO x emission limit for units less than 10 MW should be restored to the 0.47 lb/MWh standard, with a step down to 0.30 lb/MWh in the year 2010. Good Company Associates commented that the standard could be reduced to 0.15 lb/MWh in 2012 following an appropriate technical review.
Although the commission appreciates the commenter's proposal of specific emission standards, the commission does not agree with the commenter's suggested emission standards and associated time lines. The maintenance of the 0.47 lb/MWh standard until 2010, and the suggested step down to 0.30 lb/MWh, are not reflective of the NOx performance that can be achieved with current technology. Although not all equipment can meet the limits in the standard permit, sufficient technology is available to allow projects to be implemented in compliance with the standard permit. The standard permit is intended to promote the use of clean technology, especially in the East Texas region where NOx is a major concern as an ozone precursor. If an applicant has a need to use equipment that is unable to meet the emission limits in the standard permit, that equipment can be authorized under the case-by-case NSR permitting process.
EMA indicated general support for amending the NO x emission limit for units burning landfill, digester, and stranded oilfield gas. This limit was proposed to be increased from 1.77 lb/MWh to 1.90 lb/MWh. However, EMA recommended a NO x emission limit of 9.3 lb/MWh, to ensure that waste-to-energy projects can be successfully installed and operated, and to ensure the maximum benefits of waste-to-energy projects can be realized. EMA commented that this higher emission limit is necessary due to the large variability in these types of fuels and the technical infeasibility of catalyst based aftertreatment.
The commission does not concur with EMA's proposed NO x emission limit of 9.3 lb/MWh for units burning landfill, digester, and stranded oilfield gas. The proposed adjustment to 1.90 lb/MWh is necessary to account for efficiency losses that were not accounted for in the original standard permit, but the proposed adjustment does not reflect a fundamental change in the expected NO x performance of units under the standard permit. The commission believes that EMA's proposed increase to 9.3 lb/MWh is not reflective of the NO x performance many units are already achieving, and could potentially result in substantial NO x emissions in the East Texas area. The commission declines to make the suggested change.
Solar Turbines, Inc. commented that, although the proposed 1.90 lb NOx/MWh emission limit for units burning landfill, digester, and stranded oilfield gas would be an improvement over the current emission limit, the proposed 1.90 lb/MWh limit would preclude some common alterative fuels from qualifying for the standard permit. Solar Turbines, Inc. recommended a limit of 5.5 lb/MWh. Solar Turbines, Inc. commented that turbines burning alternative fuels have a wide-ranging emissions profile, due to the variability in the fuel characteristics.
The commission acknowledges that some fuels may not be capable of meeting the proposed 1.90 lb/MWh emission limit. However, the standard permit is not intended to cover all applications. Although an emission limit of 5.5 lb/MWh could allow a wider range of fuels, the potential NO x emissions resulting from such a limit could be excessive in the sensitive East Texas area. The proposed 1.90 lb/MWh standard is sufficient to cover most landfill, digester, and oilfield applications, while maintaining an appropriate degree of NO x control. Situations which are not able to meet the conditions of the standard permit may be authorized under a case-by-case NSR permit, where the control technology and environmental impacts can be reviewed in detail.
Solar Turbines, Inc. also commented that the standard permit should specify that the emission limits only apply at full load, plus a nominal range such as +/- 10%.
The commission acknowledges that EGUs operating at reduced load may have difficulty meeting the output-based emission standards. The emission standards in the standard permit were intended to apply to units operating at or near their intended design load. The commission does not support the complete elimination of emission limits for conditions of reduced load, but the commission has added a provision under new subsection (4)(H) to provide more flexibility for units operating at reduced load. If the unit is operating at less than 80% of rated load, the modified NO x emission standard will be determined by multiplying the unit's rated output (in MW) by the applicable NO x emission limit in subsections (4)(D) - (4)(F). This will result in an hourly NO x emission limit in lb/hour, which would be equivalent to the NO x mass emission rate that the unit would be allowed at full load. Owners or operators must maintain records to demonstrate that the unit meets the lb/hr NO x emission limit under reduced load operating conditions.
Solar Turbines, Inc. also commented that the emission limits should only apply at ambient temperatures above 0 degrees Fahrenheit, as is typically warranted by the manufacturers.
The commission acknowledges that extremely low ambient temperatures can have a detrimental effect on emissions, and some manufacturers will not certify or warranty emissions performance under those conditions. The commission has added a provision under new subsection (4)(H) to specify that the NOx emission limits do not apply when ambient temperatures at the location of the EGU are below zero degrees Fahrenheit.
Solar commented that Section (3)(E) of the standard permit should include a reference to 40 CFR Part 60, Subpart KKKK for new, modified, and reconstructed units.
The commission concurs with the comment and has made a change to the standard permit to reference Subpart KKKK.
Good Company Associates commented that wider application of distributed generation can reduce overall energy consumption, by recovering waste heat, and/or by reducing line power losses that result from delivering power from a remote centralized power station. Good Company stated that the line losses average 5 - 10%, and can exceed 25% on hot days. Good Company recommended that TCEQ and Texas A&M Energy Systems Laboratory use modeling to quantify the energy efficiency benefits of distributed generation and treat the reduced line losses as SIP-creditable emission reductions.
This comment does not directly relate to the proposed changes to the standard permit. This comment concerns emissions calculations related to the SIP, which is not an appropriate subject matter for consideration in adopting the amendments to the electric generating unit standard permit. No changes to the standard permit were made in response to this comment.
Good Company Associates commented that wider implementation of distributed generation could help manage load and prevent rolling blackouts, such as the event on April 17, 2006.
Although the commission concurs that appropriate implementation of distributed generation can improve the reliability of the state's electric grid, the commission's primary responsibility is to address the environmental factors associated with authorizing EGUs. No changes were made in response to this comment.
TRD-200701872
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 15, 2007
Notices issued May 11, 2007.
TCEQ Internal Control No. 01052007-D09; GGP-Bridgeland, L.P. (the "Petitioner") filed a petition for creation of Harris County Municipal Utility District No. 493 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Capital Farm Credit, FLCA, on the property to be included in the proposed District, and the Petitioner has provided the TCEQ with evidence of lien holder's consent to the creation of the proposed District; (3) the proposed District will contain approximately 644.46 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. By Ordinance No. 2006-1179, effective December 5, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $35,870,000 for water, wastewater and drainage facilities, and $3,600,000 for recreational facilities.
TCEQ Internal Control No. 01092007-D05; CW SCOA WEST, L.P. (the "Petitioner") filed a petition for creation of Harris County Municipal Utility District No. 501 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 662.83 acres located in Harris County, Texas; and (3) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. By Ordinance No. 2006-1079, effective October 30, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition indicates that there is one lien holder, First Bank & Trust, on the property to be included in the proposed District. The Petitioner has provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $47,450,000.
TCEQ Internal Control No. 01092007-D04; CW SCOA WEST, L.P. (the "Petitioner") filed a petition for creation of Harris County Municipal Utility District No. 502 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 714.69 acres located in Harris County, Texas; and (3) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. The petition indicates that there is one lien holder, First Bank & Trust, on the property to be included in the proposed District. The Petitioner has provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District. By Ordinance No. 2006-1080, effective October 30, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $51,580,000.
TCEQ Internal Control No. 01052007-D10; GGP-Bridgeland, L.P. (the "Petitioner") filed a petition for creation of Harris County Water Control and Improvement District No. 158 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Capital Farm Credit, FLCA, on the property to be included in the proposed District, and the Petitioners have provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District; (3) the proposed District will contain approximately 3,163.31 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. By Ordinance No. 2006-1249, effective December 26, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $41,260,000 for wastewater and drainage facilities, and $16,320,000 for recreational facilities.
TCEQ Internal Control No. 01052007-D11; GGP-Bridgeland, L.P. (the "Petitioner") filed a petition for creation of Harris County Water Control and Improvement District No. 159 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Capital Farm Credit, FLCA, on the property to be included in the proposed District, and the Petitioners have provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District; (3) the proposed District will contain approximately 3,082.23 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. By Ordinance No. 2006-1250, effective December 26, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $38,830,000 for wastewater and drainage facilities, and $18,100,000 for recreational facilities.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to TCEQ, Office of the Chief Clerk, MC 105, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200701909
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 16, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission 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 or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with 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 June 25, 2007. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission'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. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 25, 2007. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing. p> (1) COMPANY: 125 Max Dry Cleaning Center, LLC dba 1.25 Max DryClean; DOCKET NUMBER: 2006-1497-DCL-E; TCEQ ID NUMBER: RN103992012; LOCATION: 12921 Farm-to-Market Road 1960 West, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the Facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Ali Samnani dba City Star Texaco; DOCKET NUMBER: 2004-1634-PST-E; TCEQ ID NUMBER: RN102042710; LOCATION: 5400 Brentwood Stair Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance 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 underground storage tanks ("USTs"); PENALTY: $3,330; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Gilberto D. Reta dba Rasso Cleaners; DOCKET NUMBER: 2006-1164-DCL-E; TCEQ ID NUMBER: RN104462528; LOCATION: 202 Pleasanton Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the Facility's registration by completing and submitting the required form to the TCEQ for the Facility; PENALTY: $1,185; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: John Tran dba Quality Cleaners and dba Deluxe Drycleaning; DOCKET NUMBER: 2006-1428-DCL-E; TCEQ ID NUMBERS: RN103953683, RN10413744, RN104137518, and RN104137435; LOCATION: 2844 7th Street, Port Arthur; 535 7th Street, Port Arthur; 1920 9th Avenue, Port Arthur; 3889 Main Avenue, Groves, Jefferson County, Texas; TYPE OF FACILITY: dry cleaning and/or drop station facilities; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for dry cleaning and drop station Facilities; PENALTY: $900; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Judy Davis dba Judy's Kountry Kitchen; DOCKET NUMBER: 2006-0063-PST-E; TCEQ ID NUMBER: RN102260767; LOCATION: Highway 75 and Farm-to-Market Road 315, Poyner, Henderson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b) and Agreed Order Docket No. 2004-1480-PST-E, Ordering Provision No. 2.a., by failing to demonstrate acceptable financial assurance 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; 30 TAC §334.50(a)(1)(A), (b)(2)(A)(i)(III) and (d)(1)(B)(ii); and TWC, §26.3475(a) and (c)(1), by failing to provide a release detection method capable of detecting a release from any portion of the UST system which contained regulated substances including the tanks, piping and other underground ancillary equipment; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances as a motor fuel; 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date of the delivery certificate; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs at the Facility; and 30 TAC §334.22(a); Agreed Order, Docket No. 2004-1480-PST-E; Ordering Provision No. 2.b.; and TWC, §5.702, by failing to pay outstanding UST fees for TCEQ Account No. 0054411U for fiscal years 2003, 2004, 2005, and 2006; PENALTY: $20,150; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(6) COMPANY: Omar Rodriguez dba R&B Services; DOCKET NUMBER: 2002-0694-LII-E; TCEQ ID NUMBER: RN103341053; LOCATION: 6012 Maravillosa, 358 Cowen Terrace, 348 Cowen Terrace, 354 Cowen Terrace, and 3451 Pablo Kisel Boulevard, Brownsville, Cameron County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a) and TWC, §34.007(a) (now TWC, §37.003 and Texas Occupations Code ("TOC"), §1903.251, by failing to obtain an irrigator's license prior to completing installations at five different locations between June 2001 and October 2001; PENALTY: $1,250; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(7) COMPANY: Paul Anthony Pasillas dba Eldorado Cleaners; DOCKET NUMBER: 2006-1579-DCL-E; TCEQ ID NUMBER: RN102918547; LOCATION: 11107 West Avenue, San Antonio, Bexar County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e); and THSC, §374.102, by failing to renew the Facility's registration by completing and submitting the required registration form to the TCEQ; PENALTY: $1,185; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas, 78233-4480, (210) 490-3096.
(8) COMPANY: P&N Star Enterprises, Inc. dba Dry Clean City; DOCKET NUMBER: 2006-1399-DCL-E; TCEQ ID NUMBER: RN103961074; LOCATION: 205 North Denton Tap Road, Suite 100, Coppell, Dallas, County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e), and THSC, §374.102, by failing to renew the Facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay Dry Cleaner registration fees for TCEQ Financial Administration Account No. 24003884 and associated late fees for fiscal years 2005 and 2006; PENALTY: $1,185; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: SNS Enterprises, Inc. dba Fashion Touch; DOCKET NUMBER: 2006-1149-DCL-E; TCEQ ID NUMBER: RN102188869; LOCATION: 3402 Chimney Rock Road, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit to the TCEQ the required registration form for the Facility; PENALTY: $1,209; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Speedys Mart Incorporated dba Speedy Mart C-Stores, Formerly Known as National Mart Convenience Store; DOCKET NUMBER: 2003-0692-PST-E; TCEQ ID NUMBER: RN101735496; LOCATION: 6643 Cullen Boulevard, Houston, Harris County, Texas; TYPE OF FACILITY: retail service station; RULES VIOLATED: 30 TAC §334.8(c)(4)(B) and TWC, §26.3467(a), by failing to submit an accurate UST registration and self-certification form to the TCEQ; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate prior to delivery of a regulated substance into the UST system; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of USTs; 30 TAC §334.50(b)(1)(A), (b)(2)(A)(i), and (d)(4)(A)(ii)(II); and TWC, §26.3475(a) and (c)(1), by failing to put the automatic tank gauge ("ATG") system into test mode at least once per month and by failing to equip the regular unleaded pressurized line on the UST system with a functioning automatic line leak detector; 30 TAC §334.51(b)(2)(C), and TWC, §26.3475(c)(2), by failing to have overfill prevention for the UST system; 30 TAC §334.48(c), by failing to conduct inventory control at the Facility; and 30 TAC §334.50(a)(1)(C)(ii), and TWC, §26.3475(a), by failing to ensure that an automatic line leak detector was capable of detecting a release such that the probability of detection was at least ninety-five percent and the probability of false alarms was no greater than five percent; PENALTY: $20,000; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
11) COMPANY: Syeda S. Azmad dba Quality One Cleaners; DOCKET NUMBER: 2006-1186-DCL-E; TCEQ ID NUMBER: RN103998506; LOCATION: 14366 Memorial Drive, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e), and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for the Facility; PENALTY: $1,185; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Thai Truong dba Love Drycleaners; DOCKET NUMBER: 2006-1352-DCL-E; TCEQ ID NUMBER: RN103962981; LOCATION: 12220 Jones Road, Suite A, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility; PENALTY: $1,185; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Youn Ok Kim dba Aunt Annies 5; DOCKET NUMBER: 2006-0967-PWS-E; TCEQ ID NUMBER: RN101196236; LOCATION: 16231 Farm-to-Market Road 3083, Conroe, Montgomery County, Texas; TYPE OF FACILITY: restaurant with a public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B), and THSC, §341.033(d), by failing to perform routine monthly bacteriological sampling of the public water supply and by failing to provide public notification of the failure to conduct monthly bacteriological sampling for the months of June 2005, July 2005, August 2005, October 2005, February 2006, and April 2006; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(A), by failing to collect all required repeat samples within 24 hours of being notified of a total coliform-positive result on a routine sample and by failing to provide public notice of the failure to collect all required repeat samples within 24 hours of notification of the total coliform-positive result in November 2005; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(A), by failing to collect at least five routine bacteriological samples following total coliform-positive results the preceding month and by failing to provide public notice of the failure to conduct proper bacteriological sampling in December 2005; and 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay all annual and all late Public Health Service fees for TCEQ Financial Administration Account No. 91700573 for Fiscal Years 2005 and 2006; PENALTY: $2,940; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200701865
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 15, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (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 June 25, 2007. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 25, 2007. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Brad Allen dba A+ Angus Ranch; DOCKET NUMBER: 2005-1357-AGR-E; TCEQ ID NUMBER: RN104316377; LOCATION: 6207 West Farm-to-Market 8, Stephenville, Erath County, Texas; TYPE OF FACILITY: animal feeding operation; RULES VIOLATED: 30 TAC §321.31(a) and Texas Water Code (TWC), §26.121(c); PENALTY: $1,050; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2006-0613-AIR-E; TCEQ ID NUMBER: RN100209451; LOCATION: 2100 Houston Avenue, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.201(b)(1)(G) and (H), and Texas Health and Safety Code (THSC), §382.085(b), by failing to identify that Nitrogen Oxides (NO x ) and Carbon Monoxide (CO) emissions had been generated; 30 TAC §101.20(1), and §116.715(a) and (c)(7); Air Permit No. 8404, Special Conditions (SC) 9, XII-4, XII-13; 40 Code of Federal Regulations (CFR) §60.104(a)(2)(i); and THSC, §382.085(b), by failing to maintain an emission rate below the authorized emission limit; 30 TAC §116.715(a) and (c)(7); 40 CFR §60.104(a)(2)(i); Air Permit No. 8404, SC 9; and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $18,944; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2005-2011-AIR-E; TCEQ ID NUMBER: RN100209451; LOCATION: 2100 Houston Avenue, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.201(b)(7) and (b)(8) and THSC, §382.085(b), by failing to identify or report the amount of CO and NO2 emissions released; 30 TAC §116.715(a) and (c)(7); TCEQ Flexible Permit No. 8404, SC 9, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.715(a) and (c)(7); TCEQ Flexible Permit No. 8404, SC 9; and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §§101.221(a), 116.715(a), (c)(7), and (9), and 116.721(a); TCEQ Flexible Permit No. 8404, SC 7A and 9, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.715(a) and (c)(7); TCEQ Flexible Permit No. 8404, SC 9; and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $32,980; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Rafael Ramon dba Lil Bitty Trucking; DOCKET NUMBER: 2006-0342-WQ-E; TCEQ ID NUMBER: RN104745609; LOCATION: 830 South Getty Street, Uvalde, Uvalde County, Texas; TYPE OF FACILITY: trucking company; RULES VIOLATED: 30 TAC §327.5(a), and TWC, §26.121(a), by failing to prevent the discharge of diesel fuel into or adjacent to any waters in the state and to immediately abate, contain and cleanup the discharge; 30 TAC §327.3(b), and TWC, §26.039(b), by failing to provide notification to TCEQ of a reportable discharge or spill within 24 hours after the occurrence; PENALTY: $3,750; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: Sharnah Corporation dba Sadlers Food Mart; DOCKET NUMBER: 2006-0621-PST-E; TCEQ ID NUMBER: RN101543015; LOCATION: 1538 East Interstate 30, Garland, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance 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 underground storage tanks (USTs); 30 TAC §334.50(b)(2), and TWC, §26.3475(a), by failing to conduct proper release detection for the product piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III), and TWC, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0 percent of the total substance flow through for the month plus 130 gallons; 30 TAC §334.50(d)(1)(B)(iii)(I) and TWC, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.10(b), by failing to have the required UST records maintained and readily accessible and available for inspection upon request by commission personnel; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records on-site at the Station ordinarily manned during business hours, and make immediately available for review upon request; 30 TAC §115.248(1), and THSC, §382.085(b), by failing to ensure that at least one Station representative received training in the operation and maintenance of Stage II vapor recovery system; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; and 30 TAC §115.242(3)(A), and THSC, §382.085(b), by failing to maintain Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order(s), and free of defects that would impair the effectiveness of the system, including, but not limited to absence or disconnection of any component that is a part of the approved system; PENALTY: $16,000; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Speedy Stop Food Stores, Ltd. dba Speedy Stop #92; DOCKET NUMBER: 2005-1925-MLM-E; TCEQ ID NUMBER: RN104711569; LOCATION: 8.1 acre tract of land located within the Edwards Aquifer recharge zone, east of the intersection of IH-35 and SH-195, Georgetown, Williamson County, Texas; TYPE OF FACILITY: acre tract of land; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing construction on property located within the Edwards Aquifer Recharge Zone, as documented during an investigation conducted at the Site by an Austin Central office investigator on June 10, 2005; 30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to submit Notice of Intent (NOI) to obtain authorization to discharge storm water associated with commercial development to water in the state through a Texas Pollutant Discharge Elimination System ("TPDES") Construction General Permit, as documented during an investigation conducted at the Site; PENALTY: $29,625; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(7) COMPANY: The City of Carl's Corner; DOCKET NUMBER: 2003-1372-MLM-E; TCEQ ID NUMBER: RN101391852; LOCATION: 2100 Linda Road East in Carl's Corner, Hill County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration in the far reaches of the distribution system at a minimum concentration of 0.2 milligrams per liter ("mg/L") free chlorine; 30 TAC §290.43(d)(3), by failing to provide a device to readily determine air-water-volume for pressure tanks greater than 1,000 gallon capacity; 30 TAC §290.42(i), by failing to ensure that all chemicals used in the treatment of water supplied by the Facility conformed to American National Standards Institute/National Sanitation Foundation ("ANSI/NSF") Standard 60 for direct additives; 30 TAC §290.44(d)(5), by failing to provide the regulated entity with sufficient values and blow-offs so that necessary repairs could be made without undue interruption of service and for flushing the lines when repaired; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing that extends a minimum of 18 inches above the natural ground surface; 30 TAC §290.109(c)(1)(B), by failing to collect water samples for bacteriological analysis from all the locations specified in the Facility's Site Sample Plan; 30 TAC §290.46(f)(2), by failing to make the water system's operating records available at the time of the investigations; 30 TAC §290.46(t), by failing to post in plain view a legible ownership sign that provides the name and an emergency telephone number for the Facility; 30 TAC §290.46(m)(4), by failing to maintain all water storage facilities in a watertight condition; 30 TAC §290.46(h), by failing to keep a supply of calcium hypochlorite on hand to use as a disinfectant for making repairs to the drinking water system; 30 TAC §290.41(c)(3)(K), by failing to properly screen the well casing vent with a 16-mesh or finer corrosion resistant screening material; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling tap on the well discharge to facilitate the collection of samples from the well for chemical and bacteriological analysis; 30 TAC §290.46(n)(2), by failing to prepare and maintain a map of the Facility's distribution system so that valves and mains can be easily located during emergencies, which was not available at the time of the investigations; 30 TAC §290.45(b)(1)(B)(iii), by failing to provide two service pumps having a total capacity of 2.0 gallons per minute ("gpm") per connection; 30 TAC §288.20(a) and §288.30(3), by failing to provide a copy of an adopted drought contingency plan for inspection upon request of the TCEQ investigator; 30 TAC §290.44(d) and §290.46(r), by failing to provide a minimum water pressure of 35 pounds per square inch ("psi") within the water distribution; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends at least three feet from the exterior well casing in all directions; 30 TAC§290.43(c)(1), by failing to provide the ground storage tank with a roof vent screen that will prevent entry of animals, birds, insects and heavy air contaminants; 30 TAC§290.41(c)(3)(O), by failing to provide the well site with an intruder-resistant fence; 30 TAC§290.110(c)(5)(A), by failing to monitor the disinfectant residual at representative locations in the distribution system at least once every seven days; and 30 TAC §290.45(b)(1)(C)(i) by failing to provide a total well capacity of 0.6 gpm per connection; 30 TAC §290.45(b)(1)(C)(iii) by failing to provide two service pumps having a total capacity of 2.0 gpm per connection; 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a) by failing to employ an operator with a Class "D" or higher license as documented during an inspection conducted on November 4, 2005; PENALTY: $13,263; Supplemental Environmental Project (SEP) offset amount of $13,263 applied to Texas Association of Resource Conservation & Development Areas, Inc. ("RC&D") Abandoned Tire Clean-Up; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(8) COMPANY: The Premcor Refining Group Inc; DOCKET NUMBER: 2006-0738-AIR-E; TCEQ ID NUMBER: RN102584026; LOCATION: 1801 Gulfway Drive, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.20(3) and §116.715(a) and (c)(7); and THSC, §382.085(b), by failing to prevent unauthorized emissions during an emissions event that occurred on October 28, 2005, in violation of New Source Review ("NSR") Flexible Air Permit No. 6825A/PSD-TX-49, Special Condition No. 5A, and by failing to meet the criteria for an affirmative defense under 30 TAC §101.22; 30 TAC §101.20(3) and §116.715(a) and (c)(7); and THSC, §382.085(b), by failing to prevent unauthorized emissions during an emissions event that occurred on May 1, 2006, in violation of NSR Flexible Air Permit No. 6825A/PSD-TX-49, Special Condition No. 5A, and by failing to meet the criteria for an affirmative defense under 30 TAC §101.222; 30 TAC §101.20(3) and §116.715(a); and THSC, §382.085(b), by failing to comply with permitted emissions limits during an emissions event that occurred on October 24, 2005, in violation of NSR Flexible Air Permit No. 6825A/PSD-TX-49, Special Condition No. 5, and by failing to meet the criteria for an affirmative defense under 30 TAC §101.222; 30 TAC §101.20(2) and (3) and §116.715(a) and (c)(7); 40 CFR §60.104(a)(1); and THSC, §382.085(b), by failing to comply with permitted emissions limits and burned fuel gas exceeding a maximum allowable 160 parts per million ("ppm") sulfur content during an emissions event that occurred on November 19, 2005 and November 20, 2005, in violation of NSR Flexible Air Permit No. 6825A/PSD-TX-49, Special Condition Nos. 5A and 1A, and by failing to meet the criteria for an affirmative defense under 30 TAC §101.222; 30 TAC §101.201(a)(1)(A) and (B) and THSC, §382.085(b), by failing to timely report an emission event; PENALTY: $43,437; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
TRD-200701864
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 15, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft total maximum daily load (TMDL) for bacteria in Oso Bay (Segment 2485) of the Nueces-Rio Grande Coastal Basin, located in Nueces County. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the state of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for bacteria in Oso Bay (Segment 2485). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the six major components of the TMDL: problem definition, endpoint identification, source analysis, linkage between sources and receiving waters, margin of safety, and pollutant loading allocation. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site referenced below. The TMDL will then be submitted to EPA Region 6 for approval. Upon approval, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on June 5, 2007, at 7:00 p.m., at the Texas A&M University-Corpus Christi, Harte Research Institute, 6300 Ocean Drive, Corpus Christi, Texas, 78412. At this meeting individuals have the opportunity to present oral statements when called upon in order of registration. There will be no agenda or presentations given, open discussion will not occur during the meeting. However, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after all public comments have been received.
Written comments should be submitted to Larry Koenig, Texas Commission on Environmental Quality, Water Programs Division, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., June 15, 2007, and should reference One Total Maximum Daily Load for Bacteria in Oso Bay, For Segment Number 2485. For further information regarding the draft TMDL, please contact Larry Koenig, Water Programs Division, at (512) 239-4533 or lkoenig@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200701873
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 15, 2007
Notices issued May 9 through May 15, 2007.
APPLICATION NO. 18-2022A; Kendall Water Ltd., a Texas Limited Partnership, d/b/a Kendall Water Supply, P.O. Box 2295, Boerne, Texas 78006, applicant, has applied for an amendment to Certificate of Adjudication No. 18-2022 to add an additional diversion point on the Guadalupe River, Guadalupe River Basin as authorized in Certificate of Adjudication No. 18-2042A, and an additional place of use in Kendall County. Kendall Water Ltd., further requests to impound 15 acre-feet of water in the five off-channel reservoirs authorized by Certificate of Adjudication No. 18-2042A for subsequent diversion and use. The application was received on November 29, 2006. Additional information for the application was received on March 5, March 13, and March 22, 2007. The application was declared administratively complete and accepted for filing with Office of the Chief Clerk on March 26, 2007. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by May 29, 2007.
APPLICATION NO. 18-2450B; Kendall Water Ltd., a Texas Limited Partnership, d/b/a Kendall Water Supply, P.O. Box 2295, Boerne, Texas 78006, Applicant, has applied for an amendment to Certificate of Adjudication No. 18-2450 to add an additional diversion point on the Guadalupe River, Guadalupe River Basin as authorized in Certificate of Adjudication No. 18-2042A, add an additional place of use in Kendall County, and impound 78 acre-feet of water in the five currently authorized off-channel reservoirs in Certificate of Adjudication No. 18-2042A for subsequent diversion and use. The application was received on November 29, 2006. Additional information for the application was received on March 5, March 13, and March 22, 2007. The application was declared administratively complete and accepted for filing with Office of the Chief Clerk on March 26, 2007. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by May 30, 2007.
APPLICATION NO. 12110; The City of Dallas, Applicant, 1500 Marilla Street, Room 4AN, Dallas, TX 75201, has applied for a Temporary Water Use Permit to divert and use not to exceed 49,500 acre-feet of water per year for a period of three years from Lake Ray Hubbard on the East Fork Trinity River, Trinity River Basin for municipal purposes in Dallas, Kaufman, Rockwall, and Collin Counties. The application was received on October 3, 2006. Additional information and fees were received on February 2, and February 16, 2007. The application was declared administratively complete and accepted for filing on March 14, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by May 31, 2007.
PPLICATION NO. 14-1881B; Connie Bagley Adams, 1890 CR 204, San Saba, Texas, 76877, applicant, has applied for an amendment to a portion of Certificate of Adjudication No. 14-1881 to increase the authorized diversion at an existing downstream diversion point from 21 acre-feet to 37.30 acre-feet, and to add a place of use for the increased amount in San Saba County. No increase in the maximum combined diversion rate or amount is requested. The application was received on January 22, 2007. Additional information was received on February 28, 2007. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on March 5, 2007. 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 June 4, 2007.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing"; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to TCEQ, Office of the Chief Clerk, MC 105, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us
Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200701908
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 16, 2007
The Texas Commission on Fire Protection published notice of intention to review some of the Commission's chapters in the May 4, 2007, issue of the Texas Register (32 TexReg 2483). The submission contained incorrect names for the following chapters.
Chapter 433 was published as "Driver/Operator-Pumper." It should read "Minimum Standards for Driver/Operator-Pumper."
Chapter 443 was published as "Certification for Curriculum Manual." It should read "Certification Curriculum Manual."
Chapter 461 was published as "Committee Members." It should read "General Administration."
Chapter 463 was published as "Application Process." It should read "Application Criteria."
Chapter 465 was published as "Equipment Standards." It should read "Equipment, Facilities, and Training Standards."
TRD-200701921
Notice of Hearing on Proposed Provider Reimbursement Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will hold a public hearing on June 11, 2007, at 10:30 a.m., to receive public comment on the proposed Medicaid reimbursement rate applicable to providers of Medically Dependent Children Program (MDCP) Camp Services. The Texas Department of Aging and Disability Services (DADS) operates this program. The public hearing will be held in the Permian Basin Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The public hearing will be held in compliance with Human Resources Code, §32.0282 and Texas Administrative Code (TAC), Title 1, §355.105(g), which require public notice and hearings on proposed reimbursement rates. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Ms. Kimbra Rawlings by telephone at (512) 491-1174 by June 4, 2007, so that appropriate arrangements can be made.
Proposal. The proposed rate will be effective on June 1, 2007, if approved, and will result in an increased rate for MDCP Camp Services. The proposal will increase the rate from $4.87 per hour to $7.14 per hour.
Methodology and justification. The proposed rate was determined in accordance with the rate setting methodology codified as Texas Administrative Code, Title 1, Chapter 355, Subchapter E, §355.507, Reimbursement Methodology for the Medically Dependent Children Program. This change is being made to accommodate the increased cost of camp services for MDCP clients.
Briefing package. A briefing package describing the proposed reimbursement rate will be available, upon request, no later than May 25, 2007. Interested parties may request a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by facsimile at (512) 491-1998; or by e-mail at kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written comments. Written comments regarding the proposed reimbursement rate may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be hand-delivered or sent by U.S. mail or overnight express to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Rawlings at (512) 491-1998 or by e-mail at kimbra.rawlings@hhsc.state.tx.us.
TRD-200701882
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 15, 2007
Hearing. The Texas Health and Human Services Commission (HHSC) will hold a public hearing on June 11, 2007, at 9:00 a.m. to receive public comment on proposed Medicaid reimbursement rates applicable to providers of Home and Community-based Services (HCS), to the Texas Home Living (TxHmL) Program, and to the Community Living Assistance and Support Services (CLASS) Program. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. The public hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed reimbursement rates. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Ms. Kimbra Rawlings by telephone at (512) 491-1174 by June 4, 2007, so that appropriate arrangements can be made.
Methodology and justification. The proposed rates were determined in accordance with the rate setting methodology codified at Texas Administrative Code (TAC) Title 1, Chapter 355, Subchapter E, §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; Subchapter F, §355.723, Reimbursement Methodology for Home and Community-Based Services (HCS); and Subchapter F, §355.791, Reimbursement Methodology for the TxHmL Program. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). This change is being made to accommodate anticipated increased appropriations by the Legislature for these programs.
Briefing package. A briefing package describing the proposed reimbursement rates will be available, upon request, no later than May 25, 2007. Interested persons may request a copy of the briefing package by contacting Kimbra Rawlings by telephone at (512) 491-1174; by facsimile at (512) 491-1998; or by e-mail at kimbra.rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written comments. Written comments regarding the proposed reimbursement rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be hand-delivered or sent by U.S. mail or overnight express to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Rawlings’s attention at (512) 491-1998 or by e-mail at kimbra.rawlings@hhsc.state.tx.us.
TRD-200701898
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 16, 2007
Hearing. The Texas Health and Human Services Commission (HHSC) will hold a public hearing on June 11, 2007, at 9:00 a.m. to receive public comment on proposed Medicaid reimbursement rates applicable to non-state operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR). The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. The public hearing will be held in compliance with Human Resources Code, §32.0282 and Texas Administrative Code (TAC), Title 1, §355.105(g), which require public notice and hearings on proposed reimbursement rates. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Ms. Kimbra Rawlings by telephone at (512) 491-1174 by June 4, 2007, so that appropriate arrangements can be made.
Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following daily reimbursement rates for non-state operated ICF/MR effective June 1, 2007.
Proposed Medicaid Payment Rates
Methodology and justification. The proposed rates were determined in accordance with the rate setting methodology codified as Texas Administrative Code (TAC), Title 1, Chapter 355, Subchapter D, §355.456(d), (relating to the Rate Setting Methodology for non-state operated ICF/MR). These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). This change is being made to accommodate anticipated increased appropriations by the Legislature for these facilities.
Briefing package. A briefing package describing the proposed reimbursement rates will be available, upon request, no later than May 25, 2007. Interested persons may request a copy of the briefing package by contacting Kimbra Rawlings by telephone at (512) 491-1174; by facsimile at (512) 491-1998; or by e-mail at kimbra.rawlings@hhsc.state.tx.us.
Written comments. Written comments regarding the proposed reimbursement rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be hand-delivered or sent by U.S. mail or overnight express to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Rawlings’s attention at (512) 491-1998 or by e-mail at kimbra.rawlings@hhsc.state.tx.us.
TRD-200701906
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 16, 2007
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 7, 2007, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for the radiology procedure codes listed below. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposed payment rates, which will be effective August 13, 2007, are as follows:
Proposed Medicaid Payment Rates
Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8081, which addresses the reimbursement methodology for radiological providers, 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, and the specific fee guidelines published in Section 2.2.1.2 of the 2007 Texas Medicaid Provider Procedures Manual. 1 TAC §355.8085 requires HHSC to review the fees for individual services at least every two years.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 23, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
*Required Notice: The five character codes included in this notice are obtained from the Current Procedural Terminology (CPT®), copyright 2006 by the American Medical Association (AMA). CPT is developed by the AMA as a listing of descriptive terms and five character identifying codes and modifiers for reporting medical services and procedures performed by physicians. The responsibility for the content of this notice is with HHSC and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse or interpretation of information contained in this notice. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Any use of CPT outside of this notice should refer to the most recent Current Procedural Terminology, which contains the complete and most current listing of CPT codes and descriptive terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American Medical Association.
TRD-200701881
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 15, 2007
The Texas Health and Human Services Commission (HHSC) announces its intent to submit Amendment Number 764, Transmittal Number 07-005, to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. This amendment will revise the Reimbursement Methodology for Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR). The proposed amendment will be effective June 1, 2007.
The proposed amendment will repeal rate reductions that were effective September 1, 2003, and will further increase ICF/MR rates through August 31, 2009. The Reimbursement Methodology will be modified to indicate that, for the period beginning June 1, 2007 and ending August 31, 2009, the ICF/MR payment rates will be equal to the payment rates in effect May 31, 2007 plus 4.77 percent. HHSC is taking this action based on anticipated increased state appropriations that will allow for rate adjustments for the ICF/MR program.
If approved, the amendment is expected to result in annual aggregate increased costs of approximately $17,883,500 for Federal Fiscal Year 2008, of which approximately $10,828,459 is federal funds and $7,055,041 is state general revenue. For Federal Fiscal Year 2009, estimated increased costs are approximately $17,883,500, of which approximately $10,737,253 is federal funds and $7,146,247 is state general revenue.
To obtain additional information or copies of the proposed amendment or to submit written comments, interested parties may contact Pam McDonald by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200 or by telephone at (512) 491-1373. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200701896
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 16, 2007
The Texas Health and Human Services Commission (HHSC) published a public notice regarding the renewal of the Community Based Alternatives (CBA) waiver in the April 27, 2007, issue of the Texas Register (32 TexReg 2399). The notice incorrectly stated that HHSC was soliciting public comment for a 30-day period on the submission of the State’s application for a renewal of the CBA waiver. The correct notice should read as follows:
The Texas Health and Human Services Commission (HHSC) announces its intent to submit the State’s application for a renewal of the Community Based Alternatives (CBA) waiver, which is a Medicaid Home and Community-Based Service waiver under the authority of §1915(c) of the Social Security Act. The current waiver is scheduled to expire August 31, 2007.
The CBA waiver program allows elderly persons (age 65 and older) and persons over the age of 21 with a disability, who are eligible for nursing facility level of care, to receive services in the community rather than in an institutional facility. The CBA waiver program provides personal care, nursing services, adaptive aids, medical supplies, minor home modifications, and other supports to allow individuals to remain in the community.
CBA waiver services are available in all counties in the State with the exception of counties covered by the STAR+PLUS program (Bexar, Harris, Nueces and Travis service areas). HHSC currently has a waiver pending approval, which would impact CBA services in the Dallas and Tarrant service areas.
The proposed renewal of the waiver is expected to result in cost savings for the State. The specific, estimated cost savings amount will not be known until funding is determined by the 80th Legislature, Regular Session, 2007. The current waiver resulted in a cost savings of approximately ($2,073.49) per participant for the period of September 1, 2004, through August 31, 2005, and approximately ($6,479.48) per participant for the period of September 1, 2005, through August 31, 2006. These figures demonstrate that the current waiver meets the requirements in section 1915(c)(2)(D) of the Social Security Act.
HHSC is requesting that the waiver renewal be approved for a five-year period beginning September 1, 2007. This waiver renewal maintains cost neutrality for each year in the five-year renewal period covering 2007 through 2012.
To obtain copies of the proposed waiver renewal, interested parties may contact Carmen Capetillo by mail at Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.capetillo@hhsc.state.tx.us.
TRD-200701917
Wendy Pellow
Assistant General Counsel
Texas Health and Human Services Commission
Filed: May 16, 2007
The Texas Health and Human Services Commission (HHSC) published a public notice regarding the renewal of the Medically Dependent Children Program (MDCP) waiver in the April 27, 2007, issue of the Texas Register (32 TexReg 2399). The notice incorrectly stated that HHSC was soliciting public comment for a 30-day period on the submission of the State’s application for a renewal of the MDCP waiver. The correct notice should read as follows:
The Texas Health and Human Services Commission (HHSC) announces its intent to submit the State’s application for a renewal of the Medically Dependent Children Program waiver, which is a Medicaid Home and Community-Based Service waiver under the authority of §1915(c) of the Social Security Act. The current waiver is scheduled to expire August 31, 2007.
The MDCP waiver program provides a variety of services to medically fragile children under 21 years of age who are living in the community and would otherwise require care in a nursing facility. Services include respite care, adaptive aids, minor home modifications, and a selection of other disability-related services that help these children remain in the community.
The proposed renewal of the waiver is expected to result in cost savings for the State. The specific, estimated cost savings amount will not be known until funding is determined by the 80th Legislature, Regular Session, 2007. The current waiver resulted in a cost savings of approximately ($34,948.49) per participant for the period of September 1, 2004, through August 31, 2005, and approximately ($85,056.56) per participant for the period of September 1, 2005, through August 31, 2006. These figures demonstrate that the current waiver meets the requirements in section 1915(c)(2)(D) of the Social Security Act.
HHSC is requesting that the waiver renewal be approved for a five-year period beginning September 1, 2007. This waiver renewal maintains cost neutrality for each year in the five-year renewal period covering 2007 through 2012.
To obtain copies of the proposed waiver renewal, interested parties may contact Carmen Capetillo by mail at Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.capetillo@hhsc.state.tx.us.
TRD-200701918
Wendy Pellow
Assistant General Counsel
Texas Health and Human Services Commission
Filed: May 16, 2007
HOME Investment Partnerships Program Notice of Funding Availability (NOFA)
PY 2007 Homebuyer Assistance Program Directed to Assist Person with Disabilities
The Texas Department of Housing and Community Affairs (Department) announces the availability of approximately $2,000,000 of the 2007 HOME Investment Partnerships Program (HOME) to fund housing programs for persons with disabilities. Funds will be made available to increase home ownership for persons with disabilities through Homebuyer Assistance activities. The availability and use of these funds is subject to the State HOME Rules (10 TAC Chapter 53) and the Federal HOME regulations governing the HOME Program (24 CFR Part 92).
ALLOCATION OF PY 2007 FUNDS
Section 2306.111(d), Texas Government Code, requires the Department to allocate housing funds awarded in the HOME Program to each Uniform State Service Region utilizing the Regional Allocation Formula, developed by the Department. The use of the Regional Allocation Formula is statutory and must be adhered to by the Department.
Section 2306.111(c), Texas Government Code, requires the Department to allocate no less than 95 percent of the HOME Program Funds to applicants which serve households located in a non-participating jurisdiction (non-PJ). Five percent (5%) of the total HOME 2007 allocation, up to $2 million dollars across all HOME eligible activities, may be expended in a participating jurisdiction (PJ), only if it provides assistance to persons with disabilities. Under this NOFA, approximately $1 million dollars will be targeted to assist households in a Participating Jurisdiction (PJ), however, this may be adjusted at the discretion of the Department not to exceed the $2 million cap. Applications will be accepted by the Department until Friday, June 15, 2007 under a competitive method utilizing the Regional Allocation Formula. If the maximum amount of HOME funds allowed in a PJ are awarded during the competitive cycle, no further HOME funds will be awarded in a PJ. Applicants desiring to serve all or part of their targeted households within the boundaries of a participating jurisdiction must designate the number of households to be served in PJs.
ELIGIBLE APPLICANTS
* Units of General Local Government
* Nonprofit Organizations
* Public Housing Authorities (PHAs)
ALLOCATION AND RECOMMENDATION PROCESS
All applications for funds received are reviewed for threshold requirements regarding application documentation and compliance with Department requirements. All applications are subject to the Regional Allocation Formula and are evaluated competitively.
Pursuant to the Regional Allocation Formula, the table below shows the targeted allocation of HOME funds to each Uniform State Service Region and the corresponding rural and urban/ex-urban distribution within each region for each HOME activity. Applicants are strongly encouraged to apply based on their program's needs and capabilities for administration even if that amount exceeds the targeted formula in their region and sub-region (urban/exurban or rural component of a region).
The process to be used for competitive submissions follows:
* The Department identifies the region and sub-region based on the location of where the homeowner will reside, not the location of where the homeowner originally was living or the location of the applicant.
* First, applications will be reviewed for threshold eligibility then scored and ranked from highest to lowest scores in their respective region. Funding recommendations to the Board will be made beginning with the highest scoring eligible application in each sub-region and will continue to be recommended down the eligible application list by score in that sub-region until all targeted funds for that sub-region have been committed.
* Second, if no eligible applications are received in a sub-region, the targeted funds for that sub-region will be merged with the other targeted funds for that region.
* Third, if no eligible applications are received in a region, the targeted fund for that region will be merged with all other similarly undersubscribed funds from other regions and utilized to fund additional eligible applications in regions that have more eligible applications than funds available.
* If the high-scoring or only eligible applications for a sub-region or region exceed the amount of funds targeted for that sub-region or region, they may still be funded in the amount requested to the extent funds are available from regions with unutilized targeted funds.
* To the extent that the total amount of funds requested competitively by eligible applications does not exceed the $2 million available for this NOFA, all eligible applications may be recommended to the Board for award regardless of region or sub-region unless they exceed the limit in PJs.
Table 1. Regional, Rural, and Urban/ Exurban Funding Amounts
It should be noted by applicants that Urban/Exurban areas are not exclusively limited to Participating Jurisdictions. It may be possible to serve households in non-Participating Jurisdictions within an Urban/Exurban area. Households identified in an Application to be committed in non-Participating Jurisdictions within an Urban/Exurban area do not count against the $1 million cap for this NOFA in PJs.
DESCRIPTION OF ACTIVITIES
Homebuyer Assistance (HBA)
Down payment and closing cost assistance is provided to first time homebuyers for the acquisition, or acquisition and rehabilitation, of affordable and accessible single family housing. Rehabilitation must be to ensure accessibility. Each eligible household shall consist of at least one individual who meets the eligibility standards as defined by the Americans with Disabilities Act and/or the definition utilized by the Promoting Independence Advisory Committee which provides that Persons with Disabilities is defined as: (1) A person is considered to have a disability if the person has a physical, mental, or emotional impairment that (i) is expected to be of long-continued and indefinite duration; (ii) substantially impedes his or her ability to live independently; and (iii) is of such a nature that such ability could be improved by more suitable housing conditions. (2) A person will also be considered to have a disability if he or she has a developmental disability, which is a severe, chronic disability that (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the person attains age twenty-two; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity; self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency, and (v) reflects the person's need for a combination and sequence of special interdisciplinary, or generic care, treatment, or other services that are lifelong or extended duration and are individually planned and coordinated.
Eligible first time homebuyers may receive loans up to $35,000 for down payment, closing costs and rehabilitation. A maximum of $15,000 of the $35,000 loan can be used for down payment and closing cost. The balance of the loan can be used for required accessible modifications. All homes purchased with HOME assistance must meet all applicable codes and standards, including the Texas Minimum Construction Standards (TMCS).
HBA assistance will be in the form of a 0% interest 10 year deferred forgivable loan creating a 2nd or 3rd lien. The loan is to be repaid at the time of resale of the property, refinance of the first lien, repayment of the first lien, or if the unit ceases to be the assisted homebuyer's principal residence, if any of these occurs before the end of the 10 year term. The affordability term for the home is 10 years. The amount of recapture will be based on the pro-rata share of the remaining loan term. The rehabilitation portion of the homebuyer assistance, if utilized, will be a deferred forgivable loan if the assisted household's income is less than fifty percent (50%) of the Area Median Family Income (AMFI), as defined by HUD. For assisted households whose income is between 50 and 80% of the AMFI, the rehabilitation assistance will be a zero percent interest 30-year repayable loan.
At the completion of the assistance, all properties must meet all applicable codes, rehabilitation standards, ordinances and zoning ordinances. If a home is newly constructed it must also meet federal energy requirements.
MAXIMUM AWARD AMOUNT AND CONTRACT TERM
The maximum award amount per activity per region is $275,000. Up to $500,000 may be awarded to applicants whose service includes multiple counties within a Uniform State Service Region. Applicants may apply in multiple state service regions. Up to six percent (6%) of the project request may be requested for administrative costs. In accordance with the State of Texas Low Income Housing Plan (SLIHP) no match will be required. In accordance with 10 TAC §53.54(1)(b), the contract term shall not exceed 24 months.
REVIEW OF APPLICATIONS
HOME project funds will be awarded competitively per State of Texas HOME Program Rules, 10 TAC §§53.50 - 53.63 for applications received prior to June 15, 2007. General Selection Criteria is listed in the State of Texas HOME Program Rules, 10 TAC §§53.50 - 53.63, and forms the basis for the State's development of scoring criteria for this Activity. Certain sections of the scoring criteria have been waived by the TDHCA Board of Directors, and have been revised in order to reflect specific Housing Program for Persons with Disabilities application requirements.
THRESHOLD AND SELECTION CRITERIA
Because this program is a reimbursement program, every applicant must be able to evidence as a threshold standard that they demonstrate the ability to administer the program and commit cash reserves of at least $70,000.
It will also be a threshold requirement that every HBA application provide evidence of homebuyer counseling. Evidence must include documentation describing the level of homebuyer counseling proposed for potential homebuyers including a copy of the curriculum, a copy of a written agreement with service provider, and a description of post purchase counseling to be provided.
In accordance with 10 TAC §53.61, Selection Criteria, applications must meet the minimum threshold score in order to be considered eligible to be recommended for funding. In the event of a tie between two or more applicants, the Department reserves the right to determine which application will be recommended for funding. Tied applications may receive a partial recommendation for funding.
The maximum score is 100 points and the mandatory threshold score is 70 points. The following selection criteria point breakdown will be utilized when scoring applications:
(1) Affordable Housing Needs Score. Points range from 0 to 7, as published by the Department. Applications for areas exclusively serving persons in PJs will receive a score of zero. Applications for areas serving persons in PJs and non-PJs will receive a weighted score based on the number of households in the PJ and non-PJ areas. Maximum 7 points.
(2) Income Targeting. Points will be awarded based on the percentage of total units targeted to specific income levels. Counties whose median income is at or below the statewide median income will receive the same number of points for income targeting when serving households at or below 50% AMFI as those counties exceeding the statewide median income targeting households at or below 30% AMFI. Maximum 20 points.
(A) 0% to 19.99% of units at 80% AMFI, 5 points;
(B) 20% to 39.99% of units at 80% AMFI, 4 points;
(C) 40% to 59.99% of units at 80% AMFI, 3 points;
(D) 60% to 79.99% of units at 80% AMFI, 2 points;
(E) 80% to 100% of units at 80% AMFI, 1 point;
(F) 0% to 9.99% of units at 60% AMFI, an additional 2 points;
(G) 10% to 19.99% of units at 60% AMFI, an additional 4 points;
(H) 20% to 29.99% of units at 60% AMFI, an additional 6 points;
(I) 30% to 39.99% of units at 60% AMFI, an additional 8 points;
(J) 40% to 49.99% of units at 60% AMFI, an additional 10 points;
(K) 50% to 59.99% of units at 60% AMFI, an additional 11 points;
(L) 60% to 69.99% of units at 60% AMFI, an additional 12 points;
(M) 70% to 79.99% of units at 60% AMFI, an additional 13 points;
(N) 80% to 89.99% of units at 60% AMFI, an additional 14 points;
(O) 90% to 100% of units at 60% AMFI, an additional 15 points.
(3) Previous Award and Past Performance. Applicants will receive points for having received an award and performed in accordance with their contracts and Department rules. If unsatisfactory performance exists on any prior award regardless of set aside or activity, a score of zero points will result. Unsatisfactory past performance on any contract will be forgiven if 2 years from the application deadline date has elapsed. Maximum 20 points.
(A) Applicant has received a HOME award prior to 2002 and is 100% committed, drawn, and programmatically closed based on the number of units contractually obligated, by application deadline date, 20 points; or
(B) Applicant received a HOME award in 2002-2003 and funds are 100% committed and drawn, based on number of units contractually obligated, by application deadline date, 17 points; or
(C) Applicant received a HOME award in 2004 and funds are 75% committed and 50% drawn by application deadline date, 14 points; or
(D) Applicant received a HOME award during 2005 and a Contract Environmental Clearance completed by application deadline date, 11 points; or
(E) Applicant has never received a HOME award, 8 points.
(4) Leveraging. Points will be awarded based on the dollar amount of eligible leverage in the form of funds and/or the value of leveraged services (office space, salaries, etc) as a percentage up to 25% of the requested project funds Maximum 10 points. Percentage of leverage per Project Request:
(A) 0% to 12.49% of project request, 0 points;
(B) 12.5% to 15.5% of project request, 6 points;
(C) 15.51 to 18.5% of project request, 7 points;
(D) 18.51% to 21.5% of project request, 8 points;
(E) 21.51% to 24.99% of project request, 9 points;
(F) 25% or greater of project request, 10 points.
(5) Homebuyer Assistance. Description of Lender Products. Points will be awarded based on a review of the commitment letters (up to three letters) submitted from lenders interested in participating in the applicant's proposed application. To be considered for scoring, the letters must be on the lender's letterhead, including: name of lender; address, city, state, and zip code; and state the willingness and ability to make affordable loan products available for first-time homebuyers. Letters must be signed and dated within three months of application deadline. 2 points per letter for a maximum of 6 points.
(6) Citizen Forms. Used as an indicator of demand, points will be awarded based on the number of completed citizen forms as a percentage of the total units proposed. Maximum of 10 points.
(A) 0% to 9.99% of forms complete, 0 points;
(B) 10% to 29.99% of forms complete, 2 points;
(C) 30% to 49.99% of forms complete, 4 points;
(D) 50% to 69.99% of forms complete, 6 points;
(E) 70% to 89.99% of forms complete, 8 points;
(F) 90% to 100% of forms complete, 10 points.
(7) Financial Oversight. Submission of 2005 or 2006 "Independent Auditor's Report", 2 points.
(8) Experience Providing Services to Persons with Disabilities. Maximum 10 points.
A total of 10 points will be awarded to organizations that have five (5) or more years providing services specifically targeting the needs of persons with disabilities as evidenced by previous contracts with funding entities for these services. To satisfy this requirement and obtain points for this category, applicant may provide evidence of a partnership with an entity or organization that meets this requirement.
(9) Experience Providing Homebuyer Assistance Service. Maximum 5 points. A total of 5 points will be awarded for organizations that have at least two (2) years experience providing homebuyer assistance services as evidenced by current or previous contracts with funding entities for these services. To satisfy this requirement and obtain points for this category, applicant may provide evidence of a partnership with an entity or organization that meets this requirement.
(10) Plan for Identifying Accessibility Needs of the Homeowner. Maximum 10 points. A total of 10 points will be awarded. Applicant must submit a plan that must clearly describe the process and expertise to be used in determining the accessibility needs of the homebuyer. The process should include resumes of qualified/experienced staff or agreement with a qualified/experienced external company or agency.
APPLICATION PROCEDURES, FINAL FILING
The HOME Application Guide for this NOFA is available on the Department's website at www.tdhca.state.tx.us or you may call (512) 475-1391 to request a copy. Applications must be submitted on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.
Applications mailed via the U.S. Postal Service must be mailed to:
Texas Department of Housing & Community Affairs
HOME Division
P.O. Box 13941
Austin, Texas 78711-3941
Applications mailed by private carrier or hand-delivered will be received at the physical address of:
Texas Department of Housing & Community Affairs
HOME Division
221 E. 11th Street
Austin, Texas 78701
Applicants are required to remit a non-refundable application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per application. Please send check, cashier's check, or money order; do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive grant application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status in lieu of the application fee. The application fee is not an eligible or reimbursable cost under the HOME Program.
Applications that do not meet the filing deadline and application fee requirements will be returned to the applicant and will not be considered for funding. Application deficiencies will be processed in accordance to 10 TAC §53.58(c). An applicant may appeal decisions made by the Department in accordance with 10 TAC §1.7
This NOFA does not include text of the various applicable regulatory provisions that may be important to the HOME Program. For proper completion of the application, the Department strongly encourages potential applicants to review the State and Federal regulations, and contact the HOME Division for guidance and assistance.
RESOLUTION REQUIREMENTS
The Department requires that all applications submitted must include an original resolution from the applicant's direct governing body, authorizing the submission of the application.
AUDIT REQUIREMENTS
An applicant is not eligible to apply for funds or any other assistance from the Department unless a past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b). This is a threshold requirement outlined in the application, therefore applications that have outstanding past audits will be disqualified. Staff will not recommend applications for funding to the Department's Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).
CONTACT INFORMATION
Questions regarding this NOFA should be addressed to:
Sandy M. Garcia
HOME Division
221 E. 11th Street
Austin, Texas 78701
Telephone: (512) 475-1391
e-mail: sandy.garcia@tdhca.state.tx.us
TRD-200701903
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 16, 2007
PY 2007 Tenant Based Rental Assistance Program Directed to Assist Persons with Disabilities
The Texas Department of Housing and Community Affairs (Department) announces the availability of approximately $2,000,000 of the 2007 HOME Investment Partnerships Program (HOME) Tenant Based Rental Assistance for Persons with Disabilities. The availability and use of these funds is subject to the State HOME Rules (10 TAC Chapter 53) and the Federal HOME regulations governing the HOME Program (24 CFR Part 92), unless specifically stated herein.
ALLOCATION OF PY 2007 FUNDS
Section 2306.111(d), Texas Government Code, requires the Department to allocate housing funds awarded in the HOME Program to each Uniform State Service Region utilizing the Regional Allocation Formula developed by the Department. The use of the Regional Allocation Formula is statutory and must be adhered to by the Department.
Section 2306.111(c), Texas Government Code, requires the Department to allocate no less than 95 percent of the HOME Program Funds to applicants which serve households located in a non-participating jurisdiction (non-PJ). Five percent (5%) of the total HOME 2007 allocation, up to $2 million dollars across all HOME eligible activities, may be expended in a participating jurisdiction (PJ), only if it provides assistance to persons with disabilities. Under this NOFA, approximately $1 million dollars will be targeted to assist households in a Participating Jurisdiction (PJ), however, this may be adjusted at the discretion of the Department not to exceed the $2 million cap. Applications will be accepted by the Department until Friday, June 15, 2007 under a competitive method utilizing the Regional Allocation Formula. If the maximum amount of HOME funds allowed in a PJ are awarded during the competitive cycle, no further HOME funds will be awarded in a PJ. Applicants desiring to serve all or part of their targeted households within the boundaries of a participating jurisdiction must designate the number of households to be served in PJs.
ELIGIBLE APPLICANTS
* Units of General Local Government
* Nonprofit Organizations
* Public Housing Authorities (PHAs)
ALLOCATION AND RECOMMENDATION PROCESS
All applications for funds received are reviewed for threshold requirements regarding application documentation and compliance with Department requirements. All applications are subject to the Regional Allocation Formula and are evaluated competitively.
Pursuant to the Regional Allocation Formula, the table below shows the targeted allocation of HOME funds to each Uniform State Service Region and the corresponding rural and urban/ex-urban distribution within each region for each HOME activity. Applicants are strongly encouraged to apply based on their program's needs and capabilities for administration even if that amount exceeds the targeted formula in their region and sub-region (urban/exurban or rural component of a region)
The process to be used for competitive submissions follows:
* The Department identifies the region and sub-region based on the location of where the tenant will reside, not the location of where the tenant originally was living or the location of the applicant.
* First, applications will be reviewed for threshold eligibility, then scored and ranked from highest to lowest scores in their respective region. Funding recommendations to the Board will be made beginning with the highest scoring eligible application in each sub-region and will continue to be recommended down the eligible application list by score in that sub-region until all targeted funds for that sub-region have been committed.
* Second, if no eligible applications are received in a sub-region, the targeted funds for that sub-region will be merged with the other targeted funds for that region.
* Third, if no eligible applications are received in a region, the targeted fund for that region will be merged with all other similarly undersubscribed funds from other regions and utilized to fund additional eligible applications in regions that have more eligible applications than funds available.
* If the high-scoring or only eligible applications for a sub-region or region exceed the amount of funds targeted for that sub-region or region, they may still be funded in the amount requested to the extent funds are available from regions with unutilized targeted funds.
* To the extent that the total amount of funds requested competitively by eligible applications does not exceed the $2 million available for this NOFA, all eligible applications may be recommended to the Board for award regardless of region or sub-region unless they exceed the limit in PJs.
Table 1. Regional, Rural, and Urban/Exurban Funding Amounts
It should be noted by applicants that Urban/Exurban areas are not exclusively limited to Participating Jurisdictions. It may be possible to serve households in non-Participating Jurisdictions within an Urban/Exurban area. Households identified in an application to be committed in non-Participating Jurisdictions within an Urban/Exurban area do not count against the $1 million cap for this NOFA in PJs.
DESCRIPTION OF HOME ACTIVITY
Tenant Based Rental Assistance (TBRA)
Rental subsidy and security and utility deposit assistance is provided in the form of a grant to tenants, in accordance with written tenant selection policies, for a period not to exceed twenty four months. TBRA allows the assisted tenant to move to and live in any dwelling unit with a right to continued assistance during a 24 month period with the condition that assisted families participate in a Self-Sufficiency Program. Eligible households must meet the eligibility standards as defined by the Americans with Disabilities Act and/or the definition utilized by the Promoting Independence Advisory Committee, which provides that Persons with Disabilities is defined as: (1) A person is considered to have a disability if the person has a physical, mental, or emotional impairment that (i) is expected to be of long-continued and indefinite duration; (ii) substantially impedes his or her ability to live independently; and (iii) is of such a nature that such ability could be improved by more suitable housing conditions. (2) A person will also be considered to have a disability if he or she has a developmental disability, which is a severe, chronic disability that (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the person attains age twenty-two; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity; self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency, and (v) reflects the person's need for a combination and sequence of special interdisciplinary, or generic care, treatment, or other services that are lifelong or extended duration and are individually planned and coordinated.
MAXIMUM AWARD AMOUNT AND CONTRACT TERM
The maximum award amount per activity per region for TBRA is $275,000. Applicants may apply in multiple state service regions. Up to six percent (6%) of the project request may be requested for administrative costs. In accordance with the State of Texas Low Income Housing Plan (SLIHP) no match will be required. In accordance with 10 TAC §53.54(1)(c) the contract term for TBRA shall not exceed 30 months, however, individual household assistance is limited to 24 months.
REVIEW OF APPLICATIONS
HOME project funds will be awarded competitively per State of Texas HOME Program Rules, 10 TAC §§53.50 - 53.63 for applications received by to June 15, 2007. General Selection Criteria is listed in the State of Texas HOME Program Rules, 10 TAC §§53.50 - 53.63, and forms the basis for the State's development of scoring criteria for this activity. Certain sections of the scoring criteria have been waived by the TDHCA Board of Directors, and have been revised in order to reflect specific Housing Program for Persons with Disabilities application requirements.
THRESHOLD AND SELECTION CRITERIA
Because this program is a reimbursement program, every applicant must be able to evidence a threshold standard that they demonstrate the ability to administer the program and commit at least one month of rents for the number of households identified in the application from its funds. This will require evidence of a cash reserve in at least this amount.
It will also be a threshold requirement that every applicant submit a detailed Self Sufficiency Plan. The documentation must describe the necessary components for the overall self-sufficiency plan proposed for potential tenants. This plan, like a case management plan, should detail the need of the tenant, how these needs will be addressed including any agreements with service providers, and who shall assist the tenant at meeting these needs.
In accordance with 10 TAC §53.61, Selection Criteria, applications must meet the minimum threshold score in order to be considered eligible to receive a funding recommendation. In the event of a tie between two or more applicants, the Department reserves the right to determine which application will receive a recommendation for funding. Tied applicants may also receive a partial recommendation for funding.
The maximum score is 100 points and the mandatory threshold score is 70 points. The following selection criteria point breakdown will be utilized when scoring applications:
(1) Affordable Housing Needs Score. Points range from 0 to 7, as published by the Department. Applications for areas exclusively serving persons in PJs will receive a score of zero. Applications for areas serving persons in PJs and non-PJs will receive a weighted score based on the number of households in the PJ and non-PJ areas. Maximum 7 points.
(2) Income Targeting. Points will be awarded based on the percentage of total units targeted to specific income levels. Counties whose median income is at or below the statewide median income will receive the same number of points for income targeting when serving households at or below 50% AMFI as those counties exceeding the statewide median income targeting households at or below 30% AMFI. Maximum 20 points.
(A) 0% to 19.99% of units at 60% AMFI, 0 points;
(B) 20% to 39.99% of units at 60% AMFI, 2 points;
(C) 40% to 59.99% of units at 60% AMFI, 4 points;
(D) 60% to 79.99% of units at 60% AMFI, 6 points;
(E) 80% to 99.99% of units at 60% AMFI, 8 points;
(F) 100% of units at 60% AMFI, 10 points;
(G) 0% to 19.99% of units at 30% AMFI, an additional 0 points;
(H) 20% to 39.99% of units at 30% AMFI, an additional 2 points;
(I) 40% to 59.99% of units at 30% AMFI, an additional 4 points;
(J) 60% to 79.99% of units at 30% AMFI, an additional 6 points;
(K) 80% to 99.99% of units at 30% AMFI, an additional 8 points;
(L) 100% of units at 30% AMFI, and additional 10 points.
(3) Previous Award and Past Performance. Applicants will receive points for having received an award and performed in accordance with their contracts and Department rules. If unsatisfactory performance exists on any prior award regardless of set aside or activity, a score of zero points will result. Unsatisfactory past performance on any contract will be forgiven if 2 years from the application deadline date has elapsed. Maximum 20 points.
(A) Applicant has received a TBRA HOME award prior to 2002 and is 100% committed, drawn and programmatically closed based on the number of units contractually obligated, by application deadline date, 20 points; or
(B) Applicant has received a TBRA HOME award in 2002-2003 and funds are 100% committed and drawn based on number of units contractually obligated, by application deadline date, 17 points; or
(C) Applicant received a HOME TBRA award in 2004 and funds are 50% committed and 30% drawn by application deadline date, 14 points; or
(D) Applicant received a HOME TBRA award during 2005 and funds are 20% committed by application deadline date, 11 points; or
(E) Applicant has never received a HOME TBRA award, 8 points.
(4) Leveraging. Points will be awarded based on the dollar amount of eligible leverage in the form of funds and/or the value of leveraged services (office space, salaries, support services, etc.) as a percentage up to 25% of the requested project funds. Maximum 10 points. Percentage of leverage per Project Request:
(A) 0% to 12.49% of project request, 0 points;
(B) 12.5% to 15.5% of project request, 6 points;
(C) 15.51 to 18.5% of project request, 7 points;
(D) 18.51% to 21.5% of project request, 8 points;
(E) 21.51% to 24.99% of project request, 9 points;
(F) 25% or greater of project request, 10 points.
(5) Citizen Forms. Used as an indicator of demand, points will be awarded based on the number of completed citizen forms as a percentage of the total units proposed. Maximum of 10 points.
(A) 0% to 9.99% of forms complete, 0 points;
(B) 10% to 29.99% of forms complete, 2 point;
(C) 30% to 49.99% of forms complete, 4 points;
(D) 50% to 69.99% of forms complete, 6 points;
(E) 70% to 89.99% of forms complete, 8 points;
(F) 90% to 100% of forms complete, 10 points.
(6) Financial Oversight. Submission of 2005 or 2006 "Independent Auditor's Report", 3 points.
(7) Experience Providing Services to Persons with Disabilities. Maximum 10 points.
A total of 10 points will be awarded to organizations that have five (5) or more years experience in providing services specifically targeting the needs of persons with disabilities as evidenced by previous contracts with funding entities for these services. To satisfy this requirement, and obtain points for this category, applicant may provide evidence of a partnership with an entity or organization that meets this requirement.
(8) Experience Providing Rental Voucher Services, Maximum 10 points. A total of 10 points will be awarded for organizations that have at least two (2) years experience providing rental voucher services. To satisfy this requirement and obtain points for this category, applicant may provide evidence of a partnership with an entity or organization that meets this requirement.
(9) Fostering Independence. Points will be awarded to applicants who commit to serve only individuals being transitioned from institutionalized settings into a community placement or community setting, i.e. like the Olmstead population. Maximum 10 points.
APPLICATION PROCEDURES, FINAL FILING
The HOME Application Guide for this NOFA is available on the Department's website at www.tdhca.state.tx.us or you may call (512) 463-8921 to request a copy. Applications must be submitted on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.
Applications mailed via the U.S. Postal Service must be mailed to:
Texas Department of Housing & Community Affairs
HOME Division
P.O. Box 13941
Austin, Texas 78711-3941
Applications mailed by private carrier or hand-delivered will be received at the physical address of:
Texas Department of Housing & Community Affairs
HOME Division
221 E. 11th Street
Austin, Texas 78701
Applicants are required to remit a non-refundable application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per application. Please send check, cashier's check, or money order; do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive grant application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status in lieu of the application fee. The application fee is not an eligible or reimbursable cost under the HOME Program.
Applications that do not meet the filing deadline and application fee requirements will be returned to the applicant and will not be considered for funding.
Application deficiencies will be processed in accordance to 10 TAC §53.58(c).
An applicant may appeal decisions made by the Department in accordance with 10 TAC §1.7
This NOFA does not include text of the various applicable regulatory provisions that may be important to the HOME Program. For proper completion of the application, the Department strongly encourages potential applicants to review the State and Federal regulations and contact the HOME Division for guidance and assistance.
RESOLUTION REQUIREMENTS
The Department requires that all applications submitted must include an original resolution from the applicant's direct governing body, authorizing the submission of the application.
AUDIT REQUIREMENTS
An applicant is not eligible to apply for funds or any other assistance from the Department unless a past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b). This is a threshold requirement outlined in the application, therefore applications that have outstanding past audits will be disqualified. Staff will not recommend applications for funding to the Department's Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).
CONTACT INFORMATION
Questions regarding this NOFA should be addressed to:
Sandy Garcia
HOME Division
221 E. 11th Street
Austin, Texas 78701
Telephone: (512) 475-1391
e-mail: sandy.garcia@tdhca.state.tx.us
TRD-200701904
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 16, 2007
Supporting New Job Creation and Economic Development in Rural Texas
Summary
The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $5,000,000 in federal funding from the HOME Investment Partnerships Program (HOME) to develop affordable rental housing for low-income Texans in conjunction with rural economic development projects that have been recently developed or are currently under development. The availability and use of these funds is subject to the State HOME Rules at Title 10, Texas Administrative Code (10 TAC), Chapter 53 ("HOME Rules") in effect at the time the NOFA is released, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other Federal regulations may also apply such as, but not limited to, 24 CFR ) Parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §85.36 and §84.42 for conflict of interest and 24 CFR Part 5, Subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.
Allocation of HOME Funds
These funds are made available through de-obligated HOME funds that the Department has distributed through the Regional Allocation Formula and have remained unutilized or been returned by the original applicant. All funds released under this NOFA are to be used for the creation of affordable rental housing for low-income Texans earning 80 percent or less of the Area Median Family Income (AMFI).
Funding must be tied to the creation of new or expanded job opportunities in non-participating jurisdictions within the past 18 months for rural Texas. The jobs created must not be related, directly or indirectly, to the operation or construction of the proposed housing development. Projects where limited housing is a factor in the overall site selection for new businesses or institutions will be a priority. Only development sites where businesses or institutions that are new or expanding and will employ at least ten persons (new positions) from the area will be considered. Such new employment locations must be no more than twenty miles from the proposed housing development site. Development of business facilities must be underway at the time of application and/or be no more than 18 months from the opening date of the facility. The application must provide evidence of a definite and long-term employment commitment from the business or institution. The term of the commitment must be consistent with the federal tier of affordability for the affordable housing development described in § 4(b)(i) of this NOFA.
Rental development funds will not be eligible for use in a Participating Jurisdiction (PJ).
In accordance with 10 TAC §53.58, this NOFA will be an Open Application Cycle; and funding will be available on a first-come, first-served Statewide basis. Applications will be accepted until 5:00 p.m., October 1, 2007 unless all funds are committed prior to this date. Applicants are encouraged to review the application process cited above. Applications that do not meet minimum threshold, minimum score or financial feasibility will not be considered for funding recommendations.
The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low, and extremely low-income individuals and families. Award amounts are limited to no more than $3 million per development, pursuant to 10 TAC §53.54(2). The minimum HOME award may not be less than $1,000 per HOME assisted unit. The maximum award may not exceed 90% of the total development costs. The remaining 10% of total development costs must be in the form of loans or grants from private or public entities. The per-unit subsidy may not exceed the per-unit dollar limits established by United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act which are applicable to the area in which the development is located and as published by HUD. The Department will evaluate the net operating income of the Development and the existing debt service capacity to determine if the award will be made in the form of a loan or grant or a combination thereof. The Department’s underwriting guidelines in 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35, a loan or partial loan will be recommended.
Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing and will involve at least $12,000 per unit in direct hard costs, unless the property is also being financed by the United States Department of Agriculture’s Rural Development program. When HOME funds are used for a rehabilitation development, the entire unit must be brought up to the applicable property standards pursuant to 24 CFR §92.251(a)(1).
Funds will be awarded in accordance with the rules and procedures as set forth in the State HOME Program rules at 10 TAC §§53.50 - 53.63. The Department may, at its discretion and based upon review of the financial feasibility of the development conducted in accordance with 10 TAC §1.32, determine to award HOME funds as either a loan or as a grant. Loans cannot exceed amortization of more than 40 years.
Eligible and Ineligible Applicants
The Department provides HOME funding from the federal government to qualified nonprofit organizations, for-profit entities, sole proprietors, public housing authorities, and units of local government.
Applicants may be ineligible for funding if they meet any of the criteria listed in §53.53(b) of the Department’s HOME rule, clarification for §53.53(b)(6) creates ineligibility with any requirements under 10 TAC 49.5(a) of this title excluding subsections (5) - (8) or 10 TAC §1.3. Applicants are encouraged to familiarize themselves with the Department’s certification and debarment policies prior to application submission.
Affordability Requirements
Applicants should be aware that there are minimum affordability standards necessary for HOME assisted rental developments. Initial occupancy income restrictions require that at least 90% of the units are affordable to persons below 60% AMFI and that 20% of the units are affordable to persons below 50% AMFI. Over the remaining affordability period, at least 20% of HOME assisted units should be affordable to persons earning 50% or less than the AMFI; all remaining units must be affordable to persons earning 80% or less than the AMFI.
Each development will have a two-tier affordability term.
*The first tier will entail the federally required affordability term. For new construction or acquisition of new housing, this term is 20 years. For rehabilitation or acquisition of existing housing, the term is 5 years if the HOME investment is less than $15,000 per unit; 10 years if the HOME investment is $15,000 to $40,000 per unit; and 15 years if the HOME investment is greater than $40,000 per unit. This first tier is subject to all federal laws and regulations regarding HOME requirements, recapture, net proceeds, and affordability.
*The second tier of affordability is the additional number of years required to bring the total term of affordability up to 30 years or the term of the loan agreement. For example, the second tier of affordability on a 10-year federal affordability term is 20 additional years. The second tier, or remaining term, is subject only to state regulations and affordability requirements.
Properties will be restricted under a Land Use Restriction Agreement ("LURA") or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.
Match Requirements
Applicants will be required to submit documentation on all financial resources to be used in the development that may be considered match to the Department’s federal HOME requirements. Applicants must provide firm commitments as defined in accordance with the Federal HOME rules at 24 CFR §92.218 and the Department’s Match Guide and will be provided with the appropriate forms and instructions on how to report eligible match.
Site and Development Restrictions:
Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, International Building Code (IBC) or its appropriate sub code, and/or the Minimum Property Standards (MPS) in 24 CFR §200.925 and §200.926. To avoid duplicative inspections when Federal Housing Administration (FHA) financing is involved in a HOME-assisted property, a participating jurisdiction may rely on an MPS inspection performed by a qualified person. If no other and more stringent property standard is applicable, the Texas Minimum Construction Standards (TMCS) should be used as a minimum standard of acceptability. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials.
All other HOME-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements; and if there are no such standards or code requirements, the housing must meet the Housing Quality Standards (HQS) in 24 CFR §982.401. When HOME funds are used for a rehabilitation development, the entire unit must be brought up to the applicable property standards pursuant to 24 CFR §92.251(a)(1).
Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. §§3601- 3619). Additionally, pursuant to the 2007 Qualified Allocation Plan (QAP), §49.9(h)(4)(G), developments involving new construction (excluding new construction of nonresidential buildings) where some units are two-stories and are normally exempt from Fair Housing accessibility requirements, a minimum of 20% of each Unit type (i.e., one-bedroom, two-bedroom, three-bedroom) must provide an accessible entry level and all common-use facilities in compliance with the Fair Housing Guidelines and include a minimum of one bedroom and one bathroom or powder room at the entry level. A certification will be required after the development is completed from an inspector, architect, or accessibility specialist. Any developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.
All of the 2007 Qualified Allocation Plan and Rules, 10 TAC §49.6, excluding subsections (d), (f), (g), and (h) applies to any housing proposed under this NOFA.
Developments involving new construction will be limited to 76 units. This maximum unit limitation also applies to those developments which involve a combination of rehabilitation and new construction. The minimum number of units shall be 4 units pursuant to 10 TAC §53.53(f).
Proposed units may be scattered sites but must be organized as one project. Unit types may be single family, duplex, triplex, fourplex, or larger; but applicants should be aware that scattered site and certain building types may add to the project cost, present zoning, and infrastructure issues and contribute other difficulties that may make the proposed development infeasible as affordable housing.
Threshold Criteria
Evidence of a definite and long-term employment commitment from a business or institution will be required to be consistent with term of the federal tier of affordability for the housing development described in § 4(b)(i) of this NOFA. The evidence must demonstrate that a minimum of 10 new full-time paid positions will be created as a result of this activity. The jobs created must not be related, directly or indirectly, to the operation or construction of the proposed housing development. The evidence must be a written certification from the most senior officer or Board of Directors of the business or institution that indicates the minimum number of positions to be created, the timeline for facility development, proof of capital investment, and other pertinent details.
Housing units subsidized by HOME funds must be affordable to low, very-low, or extremely low-income persons. Mixed income rental developments may only receive funds for units that meet the HOME program affordability standards. All applications intended to serve persons with disabilities must adhere to the Department’s Integrated Housing Rule at 10 TAC §1.15.
For funds being used for rental housing developments, the recipient must establish a reserve account consistent with §2306.186, Texas Government Code, and as further described in 10 TAC §1.37 pursuant to 10 TAC §53.53(i).
All applications will be required to meet HQS detailed under 24 CFR §982.401, TMCS, as well as the Fair Housing Accessibility Standards and §504 of the Rehabilitation Act of 1973. Developments must also meet all local building codes or standards that may apply. If the development is located within a jurisdiction that does not have building codes, developments must meet the most current IBC.
Pursuant to 10 TAC §53.53(j), Applicants for Rental Development activities will be required to provide written notification to each of the following persons or entities 14 days prior to the submission of any application package. Failure to provide written notifications a minimum of 14 days prior to the submission of an application package will cause an application to be terminated under competitive application cycles. Applicants must provide notifications to:
*the executive officer and elected members of the governing board of the community where the development will be located. This includes municipal governing boards, city councils, and County governing boards;
*all neighborhood organizations whose defined boundaries include the location of the Development;
*executive officer and Board President of the school district that covers the location of the Development;
*residents of occupied housing units that may be rehabilitated, reconstructed, or demolished; and
*the State Representative and State Senator whose district covers the location of the Development.
*The notification letter must include, but not be limited to, the address of the development site, the number of units to be built or rehabilitated, the proposed rent and income levels to be served, and all other details required of the NOFA and Application Manual.
An applicant shall provide certification that no person or entity that would benefit from the award of HOME funds has provided a source of match or has satisfied the Applicant’s cash reserve obligation or made promises in connection therewith, pursuant to 10 TAC §53.53(k).
All contractors, consulting firms, and Administrators must sign an affidavit to attest that each request for payment of HOME funds is for the actual cost of providing a service and that the service does not violate any conflict of interest provisions pursuant to §53.53(l).
The application must meet all of the requirements of the 2007 QAP and Rules at 10 TAC §49.9(h), excluding subsections (4)(I), (11), (12), and (15) with the exception of (14), Supplemental Threshold Reports. The deadline for submission of the Supplemental Threshold Reports is the date of the application submission. If the Supplemental Threshold Reports are not submitted in conjunction with the application, the application will be terminated.
Selection Process
Distribution.
Awards will be made on a statewide basis.
Scoring Criteria.
Applicants may receive up to 103 points based on the scoring criteria listed below and must obtain a minimum score of 70 points to be considered for award. Evidence of these items must be submitted in accordance with the 2007 Final Application Submission Procedures Manual (ASPM), effective as of the date of issuance of this NOFA. Applicants must also select each item as part of their self score to receive points. The scoring criteria to be used are:
New Job Creation per Unit Proposed -
Applications will be awarded points for the number of positions per units of housing for persons currently earning at or below 60% AMFI. The jobs created must not be related, directly or indirectly, to the operation or construction of the proposed housing development. To receive points, the activity must provide one new full-time paid position for each unit proposed.
*For activities that create at least 1 new position per unit proposed but less than 1.5 positions per unit proposed: 10 points.
*For activities that create at least 1.5 new positions per unit proposed: 20 points. Maximum 20 Points.
New Job Creation -
Applications will be awarded points for the number of new full-time paid positions created. The jobs created must not be related, directly or indirectly, to the operation or construction of the proposed housing development. One point will be awarded for every 5 new positions over the minimum 15 new positions required. Maximum 15 Points.
Public Private Partnership -
5 points will be awarded to applicants that can provide a memorandum of understanding between the business entity and a local economic development corporation that indicates the commitment of the economic development corporation to the business entity, and 5 points will be awarded for a resolution from the local government endorsing both the housing and the business entity. Maximum 10 Points.
Leveraging of Public and Private Financing:
To encourage the involvement of other public agencies and private entities in affordable housing, applicants will receive 5 points if their HOME request represents greater than 25% but less than 50% of the total development costs, or will receive 10 points if their HOME request represents less than 25% of the total development costs. Applications requesting 50% or more of the total development costs through a HOME award will receive no points. Applicants may use the estimated equity value of Housing Tax Credits in the calculation of leveraged financing. Maximum 10 Points.
Extremely Low-Income Targeting.
To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants will receive 5 points for proposed developments that provide at least 5% of units to families or individuals earning 30% or less of the area medium income for the development site. Applicants will receive 10 points for proposed developments that provide at least 10% of units to families or individuals earning 30% or less of the area medium income for the development site. Rents for these units targeting families or individuals earning 30% or less of the area medium income may not exceed the Department’s 30% rent limits for the Housing Trust Fund and Housing Tax Credit programs. Maximum 10 Points.
Matching Funds:
To ensure that the Department continues to meet its federal obligation to provide matching funds under the HOME program, Applicants will receive 3 points for having at least 10% of their total development costs covered by eligible HOME matching financing, or will receive 7 points for having at least 5% of their total development costs covered by eligible HOME matching financing, as outlined in the application materials. Applicants with less than 5% of their total development costs covered by match financing will receive no points. Maximum 7 Points.
Location of Development:
To encourage the creation of rental housing in communities where affordable units may not already exist, applicants will receive 5 points for developments that are located in Cities or Places that have no other affordable rental developments that have received funding from the Department. Maximum 5 Points.
Cost-Effectiveness of a Proposed Development:
To encourage reasonable and cost effective building strategies, applicants will receive 10 points for developments that do not exceed $70 per square foot for new construction and $38 per square foot for rehabilitation. This figure will be calculated by dividing the total development costs by the total net rentable square footage. Maximum 10 Points.
Program Design.
Pursuant to 10 TAC §53.60(2), applicants will receive 10 points if evidence is provided that the proposed development meets the needs identified in the needs assessment, whether the design is complete, and whether the development fits within the community setting. Information required includes, but is not limited to: community involvement; support services and resources; scope of program; income and population targeting; marketing, fair housing and relocation plans, as applicable. Maximum 10 Points.
Capability of Applicant.
Pursuant to 10 TAC §53.60(3), applicants will receive 6 points if evidence is provided that the Applicant has the capacity to administer and manage the proposed development, demonstrated through previous experience either by the applicant, cooperating entity, or key staff (including other contracted service providers), in program management, property management, acquisition, rehabilitation, construction, real estate finance counseling and training, or other activities relevant to the proposed program and the extent to which applicant has the capability to manage financial resources, as evidenced by previous experience, documentation of the applicant or key staff, and existing financial control procedures.
Tie Breakers
Pursuant to 10 TAC §53.59(c)(4), in the event that two or more Applications were received on the same day and receive the same number of points and are both practicable and economically feasible, the Department will utilize the factors in this paragraph in the order they are presented to determine which development will receive a preference in consideration for an award. The Department may also recommend a partial funding recommendation.
The Number of Jobs Created. The number of new full-time paid positions created will be used as the first tie breaker criteria. The Applicant with the highest number of new jobs created will win the tie breaker.
Long-term Feasibility. The second tie breaker criteria will be average debt coverage ratio calculated on the Applicant’s originally submitted proforma. The Applicant with the highest average debt coverage ratio over the period of time represented in the proforma will win the tie breaker.
Submission and Review Process
All applications submitted under this NOFA must be received on or before 5:00 p.m. on October 1, 2007. The Department will accept applications from 8:00 a.m. to 5:00 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department’s web site until the deadline. Applications will be reviewed for Applicant and Activity Eligibility, Threshold Criteria, Scoring, and Financial Feasibility as described in this NOFA.
All applications must be submitted and provide all documentation as described in this NOFA and associated application materials.
Pursuant to the QAP 49.5(a)(9) if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, it may be terminated. If an application is determined ineligible pursuant to this section, the Application will be terminated without being processed as an Administrative Deficiency.
Pursuant to 10 TAC §53.59(3), a site visit will be conducted as part of the HOME Program development feasibility review.
Applicants must receive recommendation for approval from the Department to be considered for HOME funding by the Board.
The Department may decline to consider any Application if the proposed activities do not, in the Department’s sole determination, represent a prudent use of the Department’s funds. The Department is not obligated to proceed with any action pertaining to any Applications which are received and may decide it is in the Department’s best interest to refrain from pursuing any selection process. The Department strives, through its loan terms, to securitize its funding while ensuring the financial feasibility of a Development. The Department reserves the right to negotiate individual elements of any Application.
In accordance with §2306.082, Texas Government Code and 10 TAC §53.58(d), it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.
Pursuant to §2306.1112 and §2306.6731 of the Texas Government Code, after eligible Applications have been evaluated, ranked, and underwritten in accordance with this NOFA, the Department staff shall make its recommendations to the Executive Award and Review Advisory Committee. The Committee will develop funding priorities and shall make commitment recommendations to the Board. Such recommendations and supporting documentation shall be made in advance of the meeting at which the issuance of Commitment is discussed. The Committee will provide written, documented recommendations to the Board which will address at a minimum the financial or programmatic viability of each Application and a list of all submitted Applications which enumerates the reason(s) for the Development's proposed selection or denial.
An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.
Application Submission
Application materials must be organized and submitted in the manner detailed in the 2007 Final ASPM for rental housing developments.
The application consists of three parts: bound items, unbound items, and electronic submission. A complete application for each proposed development must be submitted. Incomplete applications or improperly bound applications will not be accepted. The bound volumes of the application must be bound using red pressboard binders. Each volume must be submitted in a separate red pressboard binder. If the required documentation for a volume exceeds the capacity of one binder, a second binder may be used to subdivide the volume. Applicants must submit one complete printed copy of all application materials and one complete scanned copy stored on compact disc of the application materials as detailed in the 2007 Final ASPM. All scanned copies must be scanned in accordance with the guidance provided in the 2007 Final ASPM.
All application materials including manuals, NOFA, program guidelines, and QAP and all applicable HOME rules, will be available on the Department’s website at www.tdhca.state.tx.us. Applications will be required to adhere to the HOME Rule and threshold and applicable portions of the QAP requirements in effect at the time of the application submission. Applications must be on forms provided by the Department and cannot be altered or modified and must be in final form before submitting them to the Department.
Applicants are required to remit a non-refundable application fee payable to the Texas Department of Housing and Community Affairs in the amount of $500.00 per application. Payment must be in the form of a check, cashier’s check, or money order. Do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the application fee. The application fee is not an allowable or reimbursable cost under the HOME Program.
Applications received after 5:00 p.m. on October 1, 2007 will not be accepted. The deadline is strictly adhered to; therefore, the Department strongly encourages you to consider traffic and travel delays when planning your submission. For questions regarding this NOFA please contact Skip Beaird at (512) 475-0908 or via e-mail at skip.beaird@tdhca.state.tx.us or Barbara Skinner at (512) 475-1643 or via e-mail at barbara.skinner@tdhca.state.tx.us.
Applications must be sent via overnight delivery to:
Texas Department of Housing and Community Affairs
HOME Division
221 East 11th Street
Austin, TX 78701-2410
Or via the U.S. Postal Service to:
Texas Department of Housing and Community Affairs
HOME Division
Post Office Box 13941
Austin, TX 78711-3941
NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME Rental Housing Development Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.
TRD-200701905
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 16, 2007
I. PURPOSE OF THE REQUEST
The Texas Department of Housing and Community Affairs ("the Department" or "TDHCA") is requesting proposals to provide market analysis relating to affordable housing in the Dallas-Plano-Irving Metropolitan Division ("the Dallas MD"). The Dallas MD contains the counties of Collin, Dallas, Delta, Denton, Ellis, Hunt, Kaufman and Rockwall as identified in Office of Management and Budget Bulletin No. 03-04. The market analysis report will be made available to the public and may be used by TDHCA to aid in decisions regarding its various programs.
II. SCOPE OF WORK
The selected proposal will evaluate the need for additional affordable rental housing in the Dallas MD and issue a user friendly report for TDHCA. The respondent will define and analyze submarkets within the Dallas MD as part of the overall report. Each submarket analysis will contain the following:
A. General and Demographic Information
1. Describe the submarket's general characteristics including a map and an explanation for the selection of the boundaries. Where applicable, proposed submarkets should consider submarket boundaries established by the local apartment association. Discuss the predominant form of local government and all local government jurisdictions including overlaps and shared responsibilities. Provide additional maps of the submarket clearly identifying major transportation linkages and significant area amenities including retail, medical and educational facilities. Submarket maps should be sufficiently detailed to allow the reader to identify specific sites within the boundaries. Include maps displaying population density.
2. Describe the current economy for the submarket including existing major industries and any new or anticipated major employment impacts including significant incentives offered for corporate relocation.
3. Provide 2000 US Census data, current year estimates and five year projections for population and households, citing current, commonly used and well documented data sources. Provide a breakdown of households by tenure, income, household size, and age of head of household. Provide an analysis of the trends and/or shocks indicated by the data.
4. Consider existing studies of housing demand for the Dallas MD conducted by other entities.
B. Housing Supply Analysis
1. Describe the existing housing supply including total number of units, occupancy, absorption, tenure, turnover, number of bedrooms, typical square footages, unit and development amenities and overall condition and quality of rental housing stock. Include information on population served (market rate, low income, and project-based assistance) and targeted population (family, independent senior and special needs populations). Provide occupancy rate for all Low Income Housing Tax Credit units by income group and number of bedrooms. Provide absorption information for all developments completed within the last two years.
2. Provide an analysis of the existing housing supply and its effect on the demand for new modern units. Include an inventory of all existing affordable housing, including Public Housing and location of Housing Choice Vouchers currently in use. Discuss waiting lists for affordable housing. Address condition and redevelopment plans for Public Housing Authority housing, and identify rental housing with significant reported code violations within each submarket.
3. Describe all rental developments with rents affordable to households earning up to 100% of the area median income including those approved by TDHCA, under construction or unstabilized (less than one year at 90% occupancy). Discuss planned properties in the submarket and provide an assessment of their impact on the market in relation to demographic trends. Include a property delivery timeline summarizing projected construction periods, placement in service, and lease-up periods.
4. Provide rental data including rental housing stock by population served (market rate, low income and project-based assistance) and type of occupancy (family, independent senior and special needs populations). Include current rents charged, typical concessions, market vacancy rates and absorption rates. Include a comparison of the market rents and the Low Income Housing Tax Credit program maximum rents. Submarket maps should provide location of individual market rate multifamily properties and location of individual subsidized affordable multifamily properties.
C. Analysis of Anticipated Demand
1. Provide detailed analysis of total demand by income group (less than 30%, 31% to 40%, 41% to 50%, 51% to 60% and 60% to 80%, 81% to 100% of AMFI), number of bedrooms, and targeted population (family, independent senior, and special needs populations).
2. Provide a clear identification of the demand calculation methodology. The demand calculation methodology may ultimately be developed collaboratively with the Department. The demand calculation should include population and household growth and other sources that will be defined and mutually agreed to by the Contractor and the Department. The demand calculation methodology will be consistent throughout the market study based on targeted population. The demand calculation is not limited to that required under Title 10 of the Texas Administrative Code Section 1.33. Two independent models of demand are required and are generally described below.
a. Demand based upon strict need, comprised from:
i. Household growth;
ii. Cost overburdened households;
iii. Overcrowding;
iv. Substandard housing; and,
v. Demand from other non-overlapping sources.
b. Demand based upon traditional transitory patterns, comprised from:
i. Household growth;
ii. Turnover; and,
iii. Demand from other non-overlapping sources.
3. The demand analysis should identify the demand for additional affordable housing units for the periods ending December 2007 (baseline), December 2008, December 2009, December 2010, and December 2011.
D. Summary and Conclusions
Present summary and conclusions for each submarket in tables that identify the net affordable housing need under both a strict need demand and transitory pattern demand described in C (2) (a) and (b) above by income group, number of bedrooms, and targeted population. The net affordable housing need equals the total demand less existing, approved, under construction and unstabilized supply.
E. Appendix
Include demographic data used to complete the analysis, any relevant third party information, and a list of references cited in the body of the report.
III. RESPONSE TIME FRAME AND OTHER INFORMATION
Response submission period: May 11 - June 15, 2007
TDHCA Notification: July 1, 2007
Draft Analysis: September 1, 2007
Final Analysis: October 1, 2007
Proposals must comply with rules and statutes relating to purchasing in the State of Texas. Late and/or unsigned proposals will not be considered. The person submitting the proposal must have the authority to bind the organization in a contract. Submissions received after 5:00 P.M. (CST) on June 15, 2007 will not be considered.
Three hard copies of the proposal should be delivered to the following address: (facsimiles will not be accepted)
Texas Department of Housing and Community Affairs
Attn: Tom Gouris, Real Estate Analysis
221 East 11th Street
P.O. Box 13941
Austin, TX 78711-3941
(512) 475-1470
All costs directly or indirectly related to the preparation of a response to this RFP shall be the sole responsibility of and shall be borne by the respondent.
It is the express policy of the Department that parties responding to this request refrain from initiating any direct contact or communication with members of the Board of Directors with regard to this Request for Proposals during the selection process. Any violation of this policy will be considered a basis for disqualification.
Additional information regarding this RFP may be obtained from Tom Gouris at TDHCA. All requests must be in writing to (512) 475-4420 (fax) or tom.gouris@tdhca.state.tx.us (email). All questions and responses will be made available to all applicants via the Department's website (www.tdhca.state.tx.us/rea/) and will be subject to disclosure under the Public Information Law.
TDHCA shall not be obligated to proceed with any action and may decide it is in the Department's best interest to refrain from pursuing any selection process.
IV. RESPONSE FORMAT
A. Each item in Section V of this Request for Proposals must be addressed.
B. Identify the item to be addressed in the introduction to each response.
C. Please limit your response to 20 pages of text with additional information such as sample work, additional resumes and references submitted in appendix form.
V. PROPOSAL CONTENT
A. General Information
Provide information regarding the applicant including, but not limited to:
1. Resumes of personnel assigned to the market analysis prepared under this RFP;
2. Number of market studies performed by the respondent for multifamily properties including those prepared according to the TDHCA Real Estate Analysis Rules and Guidelines; attach a descriptive list of types of assignments performed since 2000; a complete list of assignments performed is not necessary, but may be included in the appendix;
3. Description of market analysis similar in size and scope to that required by this RFP;
4. Description of familiarity with transactions involving federal and state housing programs;
5. Description of unique qualifications including experience specific to the Dallas MD area;
6. Certification that the respondent and its principals and key staff assigned to this proposal does not currently and is not anticipated to have an ownership interest in an entity that will apply for an allocation of funds or tax credits for affordable housing from the Department within twelve months of the due date; additional certification that the respondent and its principals and key staff assigned to this proposal does not currently and is not anticipated to have an ownership interest in an entity that will enter into contract to sell property associated with an allocation of funds or tax credits for affordable housing from the Department within twelve months; additional certification that the respondent has not been barred from receiving funds from the Department or has been removed from the Department's approved list of market analysts for failure to perform a market study with the Department's guidelines any time in the last 24 months.
B. Approach
1. Provide a list of the labeled submarkets with a description of the defined boundaries for each and the methodology used to determine the boundaries; include population of each;
2. Provide maps of the Dallas MD with each submarket clearly delineated and labeled;
3. Provide a description of the source data to be used and the methodology proposed for analysis;
4. Provide a detailed description of the proposed demand calculations.
C. Work Plan and Schedule
Provide a proposed work plan with specific dates for deliverables including market study outline, draft, and final draft. Identify resources to be dedicated to this assignment.
D. Fee Schedule
Provide a proposed itemized cost schedule for the market analysis.
E. Presentation of Proposal
Prepare a 20 to 30 minute presentation to be made in person by the top scoring respondents on June 27, 2007.
VI. SELECTION PROCEDURE
Proposals will be referred to a panel of TDHCA staff for evaluation and scoring. Staff will review proposals for compliance with the proposal content requirements and the potential for fulfillment of the scope of work criteria described herein. To assist in the preparation of the proposal, established criteria for review are provided below (weighted values in parentheses).
A. Evidence of respondent's experience in developing and conducting similar studies (20%).
B. Evidence that the conceptual framework - definition of submarkets, methods and analysis - is adequately developed and appropriate for the aims of the project (25%).
C. Submission of a realistic work plan, resources and timeline (20%).
D. A budget and explanation for the scope and quality needed for successful completion of the project. Emphasis placed on cost efficiency (25%).
E. Proposal presentation and in-person interview (10%) (Top 3 candidates only).
VII. WORK MADE FOR HIRE
All work performed pursuant to this agreement specifically including all deliverables developed or prepared for TDHCA is the exclusive property of the State of Texas. All right, title and interest in and to said property shall vest in the State of Texas and shall be deemed to be a work made for hire and made in the course of the services rendered pursuant to this agreement. To the extent that title to any work may not, by operation of law, vest in the State of Texas or such work that may not be considered a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to the State of Texas.
TDHCA and/or the State of Texas shall have the right to obtain and to hold in its own name, copyrights, registrations, or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor agrees to give TDHCA and/or the State of Texas and any person designated by TDHCA and/or the State of Texas, reasonable assistance required to assert the rights defined in this paragraph.
VIII. LICENSE AGREEMENT
TDHCA shall grant to the awarded contractor a non-exclusive, irrevocable, world-wide, royalty-free, license to use, reproduce, distribute and display the materials created pursuant to this agreement, subject to the following terms and conditions. The license granted shall terminate on December 31, 2009 unless renewed by the parties in writing, terminated sooner in accordance with its terms, or if the agreement of which this clause is a part, is terminated for cause.
Each copy of the materials that the contractor distributes shall indicate on the cover that the creation of the material was funded by the Texas Department of Housing and Community Affairs. The contractor agrees that it will not charge a fee for the distribution of the materials, except to recover actual duplication and mailing costs. Contractor shall not create derivatives of or modify the content of the materials except with the express written consent of TDHCA.
Failure to comply with the terms of this license may result in immediate termination of the license agreement by TDHCA. Upon termination of this license agreement, contractor shall return the remaining materials to TDHCA, or shall destroy or distribute them, in accordance with the instructions of TDHCA.
With the prior approval of the Department, the contractor may update the market analysis prepared under this RFP. In the 12-month period following the due date, the contractor is required to provide an explanation if a market analysis submitted to TDHCA contains conclusions that contradict the findings of the market analysis prepared under this RFP.
IX. OPEN RECORDS
Information submitted to TDHCA is public information and is available upon request in accordance with the Texas Public Information Act, chapter 552 of the Government Code (the "Act"). An applicant submitting any information it considers confidential as to trade secrets or commercial or financial information, which it desires not to be disclosed, must clearly identity all such information in its proposal. If information so identified by an applicant is requested from TDHCA, the applicant will be notified and given an opportunity to present its position to the Texas Attorney General, who shall make the final determination as to whether such information is excepted from disclosure under the Act. Information not clearly identified as confidential will be deemed to be non-confidential and will be made available by TDHCA upon request.
TRD-200701871
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 15, 2007
Application for admission to the State of Texas by QUALITY HEALTH PLANS INSURANCE COMPANY, INC., a foreign life, accident and/or health company. The home office is in Holiday, Florida.
Application to change the name of ATLANTIC TITLE INSURANCE COMPANY to TRANSUNION NATIONAL TITLE INSURANCE COMPANY, a foreign title company. The home office is in Columbia, South Carolina.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200701901
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 16, 2007
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of ARCHSTONE FINANCIAL, LLC, a DOMESTIC third party administrator. The home office is RICHARDSON, TEXAS.
Application of THOMAS H. COOPER & CO., INC., a FOREIGN third party administrator. The home office is CHARLESTON, SOUTH CAROLINA.
Application to change the name of KS MANAGEMENT SERVICES, L.L.P. (Doing Business As KELSEY-SEYBOLD CLINIC) to KS MANAGEMENT SERVICES, L.L.C., a DOMESTIC third party administrator. The home office is HOUSTON, TEXAS.
Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200701900
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 16, 2007
Instant Game Number 762 "Yahtzee"
1.0 Name and Style of Game.
A. The name of Instant Game No. 762 is "YAHTZEE." The play style for this game is "poker."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 762 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 762.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1 DICE SYMBOL, 2 DICE SYMBOL, 3 DICE SYMBOL, 4 DICE SYMBOL, 5 DICE SYMBOL and 6 DICE SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $250 or $500.
I. High-Tier Prize - A prize of $2,500 or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (762), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 762-0000001-001.
L. Pack - A pack of "YAHTZEE" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "YAHTZEE" Instant Game No. 762 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "YAHTZEE" Instant Game is determined once the latex on the ticket is scratched off to expose 50 (fifty) Play Symbols. If a player's ROLL across matches a WINNING COMBINATION in the LEGEND, the player wins PRIZE shown for that WINNING COMBINATION. Each ROLL is played separately. Only the highest prize paid per ROLL. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 50 (fifty) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 50 (fifty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 50 (fifty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 50 (fifty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. The dice play symbols will be approximately evenly distributed among their possible locations.
C. No duplicate non-winning ROLLS in the same order on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "YAHTZEE" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $250 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $250 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "YAHTZEE" Instant Game prize of $2,500 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "YAHTZEE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "YAHTZEE" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "YAHTZEE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 7,080,000 tickets in the Instant Game No. 762. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 762 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 762, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200701912
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 16, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 825 is "$1 MILLION EXTRAVAGANZA." The play style for Game 1 is "key number match." The play style for Game 2 is "three in a line." The play style for Game 3 is "key symbol match." The play style for game 4 is "key number match with auto win."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 825 shall be $20.00 per ticket.
1.2 Definitions in Instant Game No. 825.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $20.00, $30.00, $40.00, $50.00, $80.00, $100, $200, $400, $1,000, $10,000, $ONE MILL, CLOVER SYMBOL, STAR SYMBOL, BELL SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL SYMBOL, DOLLAR BILL SYMBOL, MONEY BAG SYMBOL, COIN SYMBOL, HORSE SHOE SYMBOL, DOLLAR SIGN SYMBOL, TOP HAT SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 10X SYMBOL.
D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low Tier Prize - A prize of $20.00
H. Mid-Tier Prize - A prize of $30.00, $40.00, $50.00, $80.00, $100, $200 or $400.
I. High-Tier Prize - A prize of $1,000, $10,000 or $1,000,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (825), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 025 within each pack. The format will be: 825-0000001-001.
L. Pack - A pack of "$1 MILLION EXTRAVAGANZA" Instant Game tickets contains 25 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 025 will both be exposed.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$1 MILLION EXTRAVAGANZA" Instant Game No. 825 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$1 MILLION EXTRAVAGANZA" Instant Game is determined once the latex on the ticket is scratched off to expose 55 (fifty-five) play symbols. In Game 1, if a player matches any of YOUR AMOUNTS play symbols to either of the LUCKY AMOUNT play symbol, the player wins that amount. In Game 2, if a player reveals 3 "star" play symbols in any one row, column or diagonal, the player wins prize shown in PRIZE box. In Game 3, if a player reveals 3 matching play symbols in the same PLAY, the player wins prize shown in legend. In Game 4, if a player matches any of YOUR NUMBERS play symbols to either of the WINNING NUMBERS play symbols, the player wins prize shown for that number. If a player reveals a "10X" play symbol, the player wins 10 times the prize shown instantly. No portion of the display printing or any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 55 (fifty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 55 (fifty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 55 (fifty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 55 (fifty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. The $10,000 and $1,000,000 prize levels will always appear on non-winning tickets and will each appear on $1,000 and lower winning tickets when prize structure permits.
C. Game 1: No duplicate non-winning play symbols.
D. Game 2: Only the star play symbol will appear 3 (three) times in a row, column or diagonal.
E. Game 2: There will be a minimum of 4 (four) star play symbols.
F. Game 3: No duplicate non-winning PLAYs in any order.
G. Game 3: There will be many near wins (2 (two) matching symbols within a PLAY).
H. Game 3: There will be no three matching non-winning play symbols in a horizontal row which consists of two PLAYS.
I. Game 4: No duplicate WINNING NUMBERS play symbols.
J. Game 4: No duplicate non-winning YOUR NUMBERS play symbols.
K. Game 4: No duplicate non-winning prize symbols in this game.
L. Game 4: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).
M. Game 4: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.
N. Game 4: The "10X" symbol (win 10 times) will only appear as dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "$1 MILLION EXTRAVAGANZA" Instant Game prize of $20.00, $30.00, $40.00, $50.00, $80.00, $100, $200 or $400, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $40.00, $50.00, $80.00, $100, $200 or $400 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$1 MILLION EXTRAVAGANZA" Instant Game prize of $1,000 or $10,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. To claim a "$1 MILLION EXTRAVAGANZA" top level prize of $1,000,000, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. As an alternative method of claiming a "$1 MILLION EXTRAVAGANZA" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$1 MILLION EXTRAVAGANZA" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$1 MILLION EXTRAVAGANZA" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,840,000 tickets in the Instant Game No. 825. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 825 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 825, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200701913
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 16, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 839 is "MONTHLY BONUS." The play style is "key number match with auto win."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 839 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 839.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, DOLLAR BILL SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $200, $2,000, $10,000 and $20,000.
D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $60.00 or $200.
I. High-Tier Prize - A prize of $2,000, $20,000 or $10,000/MO ($10,000 per month for 20 years).
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (839), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 839-0000001-001.
L. Pack - A pack of "MONTHLY BONUS" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MONTHLY BONUS" Instant Game No. 839 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "MONTHLY BONUS" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a dollar bill play symbol, the player wins $10,000 per month for 20 years. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
C. No duplicate LUCKY NUMBERS play symbols on a ticket.
D. No more than four like non-winning prize symbols on a ticket.
E. A non-winning prize symbol will never be the same as a winning prize symbol.
F. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
G. The "dollar bill" and $10,000 prize symbol will only appear on intended winning tickets as dictated by the prize structure and will only appear with each other.
H. The $20,000 prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "MONTHLY BONUS" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $60.00 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $25.00, $50.00, $60.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "MONTHLY BONUS" Instant Game prize of $2,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "MONTHLY BONUS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. To claim a "MONTHLY BONUS" top level prize of $10,000/MO for 20 years, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
E. When claiming a "MONTHLY BONUS" Instant Game prize of $10,000 per month for 20 years, the claimant must choose one of two (2) payment options for receiving his prize:
1. Monthly via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $10,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made each month on the first business day of the month for a combined total of $120,000 per year. Monthly payments will be made for a period of 20 years or a total of 240 monthly payments to reach the total maximum payment of "$2,400, 000."
2. Annually via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $120,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 20 years or a total of 20 annual to reach the total maximum payment of $2,400,000.
3. If a payment falls on a holiday or weekend, the payment will be made on the following business day.
F. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
G. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MONTHLY BONUS" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "MONTHLY BONUS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 15,000,000 tickets in the Instant Game No. 839. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 839 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 839, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200701914
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 16, 2007
Request for Qualifications, Hidalgo County Regional Mobility Authority, Southern Loop Project
The Hidalgo County Regional Mobility Authority (the "HCRMA") located at 311 N. 15th Street, McAllen, Texas; hereby requests Sealed Request for Qualifications for the following title:
Plan and Develop The Hidalgo County Regional Mobility Authority Southern Loop Project.
Request for Qualifications packets may be obtained at the "HCRMA" offices located at the address indicated above or can be downloaded from the web site lrgvdc.org/procurement. RFQ response must be received on or before 3:00 p.m. (CST) Friday, July 06, 2007 at the address above. The envelope must be clearly marked with the RFQ Title and 'Request for Qualifications'.
It will also be published on the following website: www.lrgvdc.org.
Any informational questions for the Request for Qualifications may be directed to LRGVDC Procurement Officer at (956) 682-3481.
The "HCRMA" reserves the right to reject any and all proposals submitted, and reserves the right to seek new proposals if it is in the best interest of the "HCRMA." The "HCRMA" reserves the right to conduct interviews with any and all firms prior to selection. Request for Qualifications submitted past the date and time mentioned above will not be accepted.
PART A
BACKGROUND AND INSTRUCTIONS
I. INTRODUCTION
The Hidalgo County Regional Mobility Authority (the "Authority"), a regional mobility authority created pursuant to Chapter 370, Texas Transportation Code, hereby requests the sealed submittal of responses (each a "Response") from entities ("Proposers") desiring to plan and develop all or portions of the Authority's Southern Loop Project (the "Project", attached hereto as Exhibit A) pursuant to the delivery mechanisms and financing tools available for such Project under the Texas Transportation Code (the "Code"), Chapters 370 and 222, and Title 43, Texas Administrative Code (the "Rules").
Selection of a winning Proposer(s) may occur in a two-step process, including written responses to this RFQ and interviews of those Proposers included in a "short list" of preferred candidates. The Authority is issuing this RFQ in accordance with the provisions of Chapter 370 and 222 of the Code and Title 43 of the Rules and other applicable provisions of law. Proposers short-listed in Response to this Request for Competing Proposals and Qualifications (the "RFQ") will be invited to present their qualifications and proposals at an interview.
The Authority has provided a summary of the Project (the "Project Summary"), included in Exhibit A attached hereto.
II. DESCRIPTION OF PROCUREMENT PROCESS GENERAL
The Authority reserves the right to modify the procurement process in its sole discretion to address applicable law, including changes to the law adopted during the 80th Legislative Session, and/or the best interests of the Authority and Hidalgo County.
The Authority will evaluate the Responses it receives in response to this RFQ and will establish, according to criteria generally outlined herein, a short list of Proposers.
If only one responsive Response is received, the Authority may either (a) proceed with the procurement and pursue negotiations with the sole Proposer or (b) terminate this procurement. Following the short listing of Proposers, the Authority will schedule interviews and may solicit additional information and/or statements of intent from such short-listed Proposers (collectively, the Response, the interview, and any additional information required comprise the "Proposal").
Following receipt and evaluation of Proposals, the Authority may select a Proposer for negotiations, based on a determination of apparent best value, to finalize an agreement based on the applicable delivery method(s). If negotiations are not successful with the apparent best value Proposer, the Authority may negotiate with the next highest rated Proposer. Alternatively, the Authority may terminate the procurement.
This Procurement Process may result in the negotiation of a project development agreement, design-build agreement, other such agreement or combination of agreements permitted under applicable State law. It is not anticipated that this procurement will result in a private equity contribution toward the project. A response that incorporates a private equity component will be deemed to be non-responsive to this RFQ and, rather, will be considered an "unsolicited proposal" as provided for under Chapter 223 and 370 of the Code and the Rules. Similarly, it is not anticipated that this procurement will result in only the design component of the project. A response that only provides for the design component of the project will be deemed non-responsive to the RFQ.
The Authority anticipates that the Environmental Assessment and Environmental Impact Statement, if any, for the Project will be conducted under a separate procurement or in partnership with a local political subdivision and may be conducted in phases. The successful Proposer, if any, will be expected to insure that all "Environmental Permits, Issues, and Commitments" (as defined in 43 Texas Administrative Code, §26.2) are addressed in project design and construction.
PROCUREMENT SCHEDULE
The Authority anticipates carrying out the first phase of the procurement process contemplated hereby in accordance with the following schedule:
Issue Request for Qualifications--May 20, 2007
Pre-Bid Conference--May 30, 2007
Deadline for questions regarding the RFQ--June 06, 2007
Response Due Date--July 06, 2007, 3:00 pm
Selection of Short Listed Proposers--July 12, 2007
This schedule is subject to modification at the sole discretion of the Authority. Any change to this RFQ schedule will be posted as an addendum on the Website (defined below).
Interested parties should monitor the Website (lrgvdc.org) for the time and location of this conference.
QUESTIONS AND REQUESTS FOR CLARIFICATION; ADDENDA
In order to facilitate receipt, processing, and Response, Proposers must submit all questions and requests for clarification in writing to Victor Morales as follows:
Victor Morales
Lower Rio Grande Valley Development Council
311 N. 15th Street
McAllen, Texas 78501-4705
vmorales@lrgvdc.org
phone: 956-682-3481
Proposers are responsible for ensuring that any written communications clearly indicate on the first page or in the subject line, as applicable, that the material relates to the "HCRMA RFQ." The Authority will provide Responses to Proposer clarification requests within a reasonable time following receipt, subject to published deadlines. The Authority will post Responses to those questions of general application and requests for clarification which the Authority deems to be material and not adequately addressed in previously provided documents on the following website: www.lrgvdc.org (the "Website")
The Authority reserves the right to revise this RFQ by issuing addenda to this RFQ at any time before the Response due date. The Authority will post any addenda to this RFQ on the Website.
Proposers are responsible for monitoring the Website identified above for information concerning this procurement as teams responding to the this RFQ will be required to acknowledge in the transmission letter that they have received and reviewed all materials posted thereon.
FEDERAL REQUIREMENTS
Proposers are advised that assuming the Project and the Plan of Cost and Finance (if applicable) will remain eligible for federal-aid funds, the procurement documents must conform to the requirements of applicable federal law and FHWA regulations, including, but not limited to Title VI of the Civil Rights Act of 1964, as amended, regarding Equal Employment Opportunity ("EEO") and Title 49, Code of Federal Regulations Part 26, as amended, regarding Disadvantaged Business Enterprises ("DBEs").
DBE REQUIREMENTS
The Authority intends that DBEs will be used to plan, design, and construct the Project at least to the extent required for contracts issued by the Texas Department of Transportation ("TxDOT"), under Title 43 of the Rules, §§9.50 et seq., and the Federal Highway Administration ("FHWA"), under 49 Code of Federal Regulations §26.5.
III. RESPONSE CONTENT AND SUBMITTAL REQUIREMENTS
GENERAL
The Authority expects Responses submitted in response to this RFQ to provide enough information about the requested items to allow the Authority to evaluate and competitively rank and short list the Proposers based on the criteria set forth herein. There is no page requirement or limitation.
RESPONSE SUBMITTAL REQUIREMENTS
Each Proposer shall submit 10 copies of its Response. All packages constituting the Response shall be labeled as follows:
Response to the Request for Competing Proposals and Qualifications for the Hidalgo County Regional Mobility Authority
Responses shall be delivered to:
Victor Morales
Lower Rio Grande Valley Development Council
311 N. 15th Street
McAllen, Texas 78501-4705
The Authority will not accept facsimile or other electronically submitted Responses. Responses must be received by 3:00 pm on July 06, 2007. Responses received after that date and time will be rejected and returned to the sender unopened.
TRANSMITTAL LETTER
Each Response must include an original, executed transmittal letter stating the following:
(a) The Proposer is capable of obtaining adequate payment and performance bonds from a surety rated in the top two categories by two nationally recognized rating agencies or at least an "A-" or better and "Class VIII" or better by A.M. Best and Company;
(b) The Proposer has not been disqualified, removed, debarred, or suspended from performing or bidding on work for the federal government, or any state or local government where such disqualification, removal, debarment, or suspension would preclude selection and award under the Texas Department of Transportation's ("TxDOT"s") Contractor Sanction Rules (43 Texas Administrative Code, Sections 9.100 et seq.);
(c) The Proposer has the resources and financial capability to carry out the Project responsibilities potentially allocated to it under the delivery mechanism(s) and scope of the Project included in its proposal; and
(d) The Proposer has received and reviewed all addenda to the RFQ posted on the Website as of the date of its Response.
RESPONSE
(a) General Experience
i. The Proposer's General Experience should include:
a. An overview of Proposer and individual team members, including respective qualifications and experience;
b. Proposer's and individual team members' experience with comparable projects, including resumes for key personnel and management staff;
c. With respect to each comparable project specifically identified by the Proposer, the project name, owner's name, address, contact name and current email address and phone and fax numbers, dates of work performed, project description, description of work and percentage actually performed by Proposer, and project outcome or current status;
d. A list and brief description of all instances during the last five years involving transportation projects in which the Proposer (or any other organization that is under common ownership with the Proposer) was (i) determined, pursuant to a final determination in a court of law, arbitration proceeding, or other dispute resolution proceeding, to be liable for a material breach of contract or (ii) terminated for cause. For each instance, identify an owner's representative with current phone and fax number and, if available, email address; and
e. A list and brief description (including resolution) of each arbitration, litigation, dispute review board, and other dispute resolution proceeding occurring during the last five years involving a Proposer (or any other organization that is under common ownership with the Proposer) and involving an amount in excess of $250,000, related to performance in transportation projects.
ii. The Proposer's General Experience will be evaluated in accordance with the following criteria:
a. The extent and depth of the Proposer's and individual team members' experience with comparable projects;
b. The Proposer's and its individual team members' success in carrying out comparable projects and responsibilities, independently, with each other, and in combination with other firms; and
c. The extent and depth of experience of the management team and key personnel assigned to the Project.
(b) Project Plan
i. The Proposer's conceptual Project Plan should include:
a. A description of the Proposer's general approach to advancing Project planning and development, assignment of risk, the expected results from implementation of the Proposer's plan and the critical factors for the Project's success;
b. A synopsis of the Proposer's plan to engineer, design, and/or construct the improvements, including discussion of life cycle costs for alternatives, commitment of resources, and use of subcontractors and suppliers;
c. Conceptual development and implementation schedule based upon current levels of information, including, as applicable, cost of finance, start of construction, substantial completion, revenue source, final acceptance, project phasing, and/or other major milestones;
d. Approach of key Project functions, including safety, permit procurement, utility relocation and adjustment services, environmental protection, connecting facilities, ITS capabilities, and public relations;
e. Description of key assumptions used in developing the conceptual Project Plan; and
f. Materials, equipment, and qualified personnel resources available to the Proposer which it can and will commit to the planning and/or development of the Project.
ii. The conceptual Project Plan will be evaluated in accordance with the following criteria.
a. The extent to which the conceptual Project Plan is technically feasible, including a scheduling approach for project planning and/or development delineating any proposed phasing of the work and important milestone activities; and
b. The extent to which the conceptual Project Plan demonstrates the Proposer's understanding of the Project, the Authority's needs, risk associated with the Project, and the commitment of materials, equipment, and qualified personnel resources necessary to develop the Project.
(c) Conceptual Costs and Financing Plan
i. The conceptual Costs should include:
a. Cost estimates broken down, as applicable, into planning, design, construction, maintenance, major rehabilitation, and financing (using additional subcategories, such as utility adjustments, property relocation expenses, etc.), to the extent they are available;
b. Explanation of the methodology used to estimate costs and revenues (if applicable) and all supporting assumptions;
c. Identification of potential financing approaches the Proposer considers relevant to the Project, including a proposed financing strategy which presents the most efficient and effective way to finance the Project, including, if applicable, fee income related to the Project; and
d. A discussion of the risk allocation related to the Project under the conceptual Costs and Financing plan, including the following categories of risk, as applicable: (i) revenues; (ii) financing; (iii) competing facilities; (iv) existing improvements; (v) third party construction; (vi) site conditions; (vii) hazardous materials; (viii) utility relocations; (ix) technology enhancements; (x) insurance; (xi) compensation events; and (xii) relief events.
ii. The conceptual Costs and Financing plan will be evaluated in accordance with the following criteria, taking into account the level of currently available Project information, the wide variety of potential financial and funding solutions and options available for the Project, and the time period provided in this RFQ for submission of a Response, to include:
a. The reasonableness of any estimated revenues and/or other funding sources and capital costs and the approach in developing these estimates; and
b. The effectiveness and feasibility of the conceptual Costs and Financing Plan including the use of various types of financing through various available tools available under State and federal law and the timing of proposed financing.
RESPONSE EVALUATION PROCEDURE
The Authority anticipates using a committee to review and evaluate the Response in accordance with the above criteria and to make recommendations to the full Board of Directors of the Authority (the "Board") based on such analysis. At various times during the deliberations, the Authority may issue requests for written clarification to respective Proposers. The Authority will schedule interviews with the short-listed Proposers, for the purpose of enhancing the Authority's understanding of the Responses, obtaining clarifications of the information and terms contained in the Responses, and, perhaps, requesting additional information.
Evaluations and rankings of Responses are subject to the sole discretion of the Authority, Authority staff, and such professional and other advisors as the Authority may designate. The Authority will make the final determinations of the Proposers to be short-listed, as it deems appropriate, in its sole discretion, and in the best interests of Hidalgo County.
Responses will be evaluated based on the following criteria:
(a) The conceptual Project Plan--35%
(b) The conceptual Costs and Financing Plan--40%
(c) Experience of Proposer with similar projects--25%
CHANGES IN THE CONCEPTUAL PROJECT PLAN AND THE CONCEPTUAL COSTS AND FINANCING PLAN
The Authority understands that as Proposers and the Authority continue their respective and collective efforts to analyze and develop optimal development and financing plans for the Project, it is likely that the conceptual Project Plans and the conceptual Costs and Financing Plans proposed by the Proposers will change and evolve. The Authority wishes to encourage such evolution and continued focus by Proposers. Accordingly, it is the Authority's intention to use the conceptual Project Plan and the conceptual Costs and Financing Plan only for the purposes of evaluating the Responses. Proposers may modify, alter, and enhance their respective Project Plan notions and the Cost and Financing plans in conjunction with their Proposals, including changing, adding, and deleting conceptual sources of revenue and cost estimates. Such changes should not cast doubt on the validity of the plans and concepts presented in the Response and render the Response a misrepresentation of the Proposer's intentions and capabilities.
IV. COMMUNICATIONS, PUBLIC INFORMATION, AND ORGANIZATIONAL CONFLICTS OF INTEREST
IMPROPER COMMUNICATIONS AND CONTACT The following rules of contact shall apply during the procurement for the Project, which began on the date of issuance of this RFQ and will be completed with the execution of a project development agreement or other agreement the Authority and the selected Proposer agree to. These rules are designed to promote a fair and unbiased procurement process. Contact includes face-to-face, telephone, facsimile, electronic (e-mail), or formal written communication.
The specific rules of contact are as follows:
(a) The Proposers shall correspond with the Authority regarding the RFQ only through the Authority's and Proposer's designated representatives;
(b) Commencing with the issuance of this RFQ and continuing until the earliest of (i) execution of a project development agreement(s) or other such agreement; (ii) rejection of all Proposals by the Authority; or (iii) cancellation of the procurement, no Proposer or representative thereof shall have any ex parte communications regarding the RFQ, the Proposal, or the procurement described herein with any member of the Board or Authority staff, advisors, contractors, or consultants involved with the procurement, including attorneys and financial advisory, except for communications expressly permitted herein. This restriction shall not preclude or restrict communications with regard to matters unrelated to this RFQ or the procurement or from participating in public meetings of the Authority or any public or Proposer workshop related to this RFQ. Any Proposer engaging in such prohibited communications may be disqualified at the sole discretion of the Authority.
PUBLIC INFORMATION ACT
Subject to Chapter 552 of the Texas Government Code (the "Public Information Act") and the terms of this RFQ, Responses will not be publicly opened or evaluated.
All written correspondence, exhibits, reports, printed material, photographs, tapes, electronic discs, and other graphic and visual aids submitted to the Authority during this procurement process, including as part of the Response to this RFQ, become the property of the Authority and will not be returned to the submitting parties. Except as otherwise provided by law, Responses are subject to the Public Information Act.
V. AUTHORITY RESERVED RIGHTS
In connection with this procurement, the Authority reserves to itself all rights (which rights shall be exercisable by the Authority in its sole discretion) available to it under the Code, the Rules, and applicable law, including without limitation, with or without cause and with or without notice, the right to:
a. Develop the Project in any manner that it, in its sole discretion, deems necessary;
b. Cancel this RFQ in whole or in part at any time prior to the execution by the Authority of a project development agreement(s) or other such agreement, without incurring any cost obligations or liabilities;
c. Issue a new request for qualifications after withdrawal of this RFQ;
d. Reject any and all submittals, Responses, and Proposals received at any time;
e. Modify all dates set or projected in this RFQ;
f. Terminate evaluations of Responses received at any time;
g. Suspend and terminate negotiations at any time, elect not to commence negotiations with any responding Proposer, and engage in negotiations with other than the highest ranking Proposer;
h. Issue addenda, supplements, and modifications to this RFQ;
i. Appoint evaluation committees to review Responses, make recommendations to the Board, and seek the assistance of outside technical experts and consultants in Response evaluation;
j. Require confirmation of information furnished by a Proposer, require additional information from a Proposer concerning its Response, and require additional evidence of qualifications to perform the work described in this RFQ;
k. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the Response to this RFQ;
l. Add or delete Proposer responsibilities from the information contained in this RFQ;
m. Negotiate with a Proposer without being bound by any provision in its proposal; and
n. Waive deficiencies in a Response, accept and review a non-conforming Response, or permit clarifications or supplements to a Response.
This RFQ does not commit the Authority to enter into a contract or proceed with the procurement described herein.
EXHIBIT A
DESCRIPTION OF THE PROJECT
The Southern Loop Project is the south most segment of the Hidalgo County Loop. The limits are from approximately Military Highway and US 83 in Penitas, Texas to approximately FM 1015 and US 83 in Weslaco, Texas. The project should also consist of a north/south, limited access facility connecting Military Highway to US 83; the facility should be located in the area between Salinas and I Roads. The Hidalgo County Metropolitan Planning Organization has identified an estimate of $27,000,000 for the north/south segment of the project. No substantive environmental work has been done on this Southern Loop Project. This procurement process exempts current TxDOT projects along US 281.
TRD-200701902
Victor Morales
Procurement Officer
Lower Rio Grande Valley Development Council
Filed: May 16, 2007
Corrected Notice of Petition for Waiver of Denial of Request for Additional Resources
Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on May 8, 2007, for waiver of denial by the Pooling Administrator (PA) of Guadalupe Valley Telephone Cooperative, Inc.'s (GVTC) request for the assignment of one growth block in the Hancock rate center.
Docket Title and Number: Petition of Guadalupe Valley Telephone Cooperative, Inc. for Waiver of Denial of Numbering Resources in the Hancock Rate Center. Docket Number 34271.
The Application: GVTC requires additional numbering resources to meet the customers' demand.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 30, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34271.
TRD-200701850
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2007
On May 10, 2007, Capital Telecommunications, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60020. Applicant intends to reflect a change in ownership/control.
The Application: Application of Capital Telecommunications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34284.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 30, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34284.
TRD-200701859
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 15, 2007, for a certificate of convenience and necessity for a proposed transmission line in Collin County, Texas
Docket Style and Number: Application of Brazos Electric Power Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for a 138-kV Double Circuit Transmission Line and Substation in Collin County, Texas. Docket Number 34276.
The Application: The project is designated the Craig Ranch Transmission and Substation Line Project. Brazos Electric stated that the proposed transmission line is needed to provide adequate service to the rapidly increasing residential and small commercial load in the area. The miles of right-of-way for this project will be approximately 2.0 miles (preferred route). The estimated date to energize facilities is January 2010.
Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. The deadline for intervention in this proceeding is June 29, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 34276.
TRD-200701885
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 15, 2007
Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 9, 2007, for designation as an eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.417.
Docket Title and Number: Application of WESTEX Telecom for Designation as an Eligible Telecommunications Provider (ETP). Docket Number 34281.
The Application: The company is requesting ETP designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as an ETP for service areas set forth by the commission. WESTEX Telecom seeks ETP designation in the wire center of Big Spring, which is within the service area of AT&T Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 14, 2007. 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 Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 34281.
TRD-200701844
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2007
Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 9, 2007, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of WESTEX Telecom for Designation as an Eligible Telecommunications Carrier (ETC). Docket Number 34279.
The Application: The company is requesting ETC designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as an ETC for service areas set forth by the commission. WESTEX Telecom seeks ETC designation in the wire center of Big Spring, which is within the service area of AT&T Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 14, 2007. 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 Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 34279.
TRD-200701843
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2007
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 10, 2007, for designation as an eligible resale telecommunications provider.
Project Title and Number: Application of dPi Teleconnect, LLC for Designation as an Eligible Resale Telecommunications Provider (Resale ETP). Docket Number 34286.
The Application: dPi Teleconnect, LLC provides services solely through the resale of an incumbent local exchange carrier's services. dPi Teleconnect, LLC currently offers Lifeline Services and assumes the obligation to offer Lifeline services to any customer in its certificated service area.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 14, 2007. 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 Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 34286.
TRD-200701860
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 10, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Pelzer Communications Corporation for a Service Provider Certificate of Operating Authority, Docket Number 34283 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, frame relay, fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of Texas currently served by all incumbent local exchange companies.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 30, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34283.
TRD-200701861
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 14, 2007
On May 8, 2007, Cap Rock Telcom filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60545. Applicant intends to relinquish its certificate.
The Application: Application of Cap Rock Telcom to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 34275.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 30, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34275.
TRD-200701842
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2007
The staff of the Public Utility Commission of Texas (staff) will hold a workshop to gather information regarding cost models in connection with P.U.C. Substantive Rule §26.403 - Texas High Cost Universal Service Plan on Tuesday, June 19, 2007, at 9:00 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 34293 has been established for this proceeding.
P.U.C. Substantive Rule §26.403 states that, regarding calculating the forward-looking economic cost of service, the monthly cost per-line of providing the basic local telecommunications services and other services included in a benchmark shall be calculated using a forward-looking economic cost methodology. The purpose of this project is for the commission staff to gather information regarding such forward-looking economic cost methodologies.
By Thursday, May 31, 2007, all parties that want to propose a particular forward-looking cost model to be considered by the staff in this project and workshop must file, in this project, their intent to propose such a model and all legal documents they would propose be signed by parties interested in access to and/or use of their model. Parties also should include an explanation of what parts or aspects of their model call for legal protection and why they believe such protection is needed.
By Monday, June 4, 2007, parties that have filed by May 31st that they have a model they intend to have discussed and evaluated in this project must provide access to a usable version of such model to the commission staff. Models submitted should be fully functional and capable of being tested through adjustments to inputs and/or operating parameters. Public data or hypothetical data should be submitted in the models for purposes of the workshop. All algorithms and formulae used by the model to calculate costs should be open to inspection. If any algorithms or formulae are claimed to be proprietary, a statement identifying such algorithms and formulae should be submitted, along with an explanation of why these are considered proprietary.
Also, by Monday, June 4, 2007, all parties that want access to the models considered in this project must file notice of that intent in this project.
On or about Tuesday, June 5, 2007, staff will file in this project, instructions regarding distribution of, or access to, submitted models.
Requests should be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, at 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All filings should reference Project Number 34293.
The format of the workshop will be maximum half-hour presentations by each party with a cost model, followed by a question and answer period on each model.
The commission staff requests that persons planning to attend the workshop register by phone with Isabel Herrera, Communications Industry Oversight Division, at (512) 936-7205.
Questions concerning the workshop or this notice should be directed to Mark Bryant, Communications Industry Oversight Division, at (512) 936-7204.
TRD-200701897
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 16, 2007
Notice of Application for Designation as a "Texas Star Builder"
The Texas Residential Construction Commission (commission) adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective Sept. 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.
10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The "Texas Star Builder" designation requires that a builder or remodeler demonstrate that its education, experience, and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.
Pursuant to 10 TAC §303.300(i)(2), the commission hereby notices the application(s) for designation as a "Texas Star Builder" of:
Schultz Construction, 105 Elizabeth Drive, Horseshoe Bay, Texas 78657; TRCC builder registration certificate # 1829; and the registered agent is Joseph L. Schultz.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, Texas Residential Construction Commission, P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one (21) days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.
TRD-200701829
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: May 11, 2007
The commission adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective Sept. 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission’s website at www.trcc.state.tx.us
Pursuant to 10 TAC §303.300(i)(2) the commission is required to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The Texas Star Builder designation requires that a builder or remodeler demonstrate that its education, experience and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.
Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the application for designation as a "Texas Star Builder" of:
Khalifa, Inc. doing business as Pyramid Homes, 5704 Churchill Drive, Tyler, TX 75703; TRCC builder registration certificate # 1475; and the registered agent is Anwar Khalifa.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.
TRD-200701862
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: May 15, 2007
Pursuant to Property Code §430.001 the Texas Residential Construction Commission adopted limited statutory warranties and building and performance standards. The section further required that the adopted warranty periods shall be one year for workmanship and materials; two years for plumbing, electrical, heating, and air-conditioning delivery systems; and 10 years for major structural components of the home. The Texas Residential Construction Commission (commission) has adopted the limited statutory warranties as required by Property Code §430.001, with the warranty periods as stated.
Furthermore, Property Code §430.006 states that the warranties adopted by the commission supersede all implied warranties. The only warranties that exist for residential construction are warranties created by chapter 430 or by other statutes expressly referring to residential construction or residential improvements, or any express, written warranty acknowledged by the homeowner and the builder.
Property Code §430.009 allows a builder to "elect to provide a warranty through a third-party warranty company approved by the commission." It further states that a transfer of liability under §430.009 is not effective unless the company providing the warranty agrees to perform the builder's warranty obligations that are covered by the warranty provided through the third-party warranty company; and actually pays for or corrects any construction defect covered by the warranty provided through the third-party warranty company.
The commission adopted 10 Texas Administrative Code §303.251, regarding the assumption of builder's warranty obligations by a third-party warranty company certified by the commission to implement Property Code §430.009. The commission's rule states that to effectively transfer a builder's liability under one of the warranties set forth in Chapter 304 of this title to an approved third-party warranty company, "the third-party warranty company must agree to fully assume, without reservation, a builder's warranty obligations created by the Act; and make full payment for or repair any construction defect determined in an action to be covered by those warranties."
Considering the above information, please consider and provide comment on the following questions. Please submit comments to Susan K. Durso, General Counsel, Texas Residential Construction Commission, P.O. Box 13144, Austin, Texas 78711-3144 or by fax to (512) 475.2453. Comments may also be submitted electronically to comments@trcc.state.tx.us. For comments submitted electronically, please include "Third-party warranties" in the subject line. Please submit your comments by June 8, 2007. Your comments may be utilized to develop commission rules or policies related to the assumption of a builder's obligations by a third-party warranty company.
Does Property Code §430.009 require a certified third-party warranty company to fully assume the warranty obligations for all three warranty periods subject to the extent of the builder's work? For example, may a builder of a new home, who is obligated for the one, two and ten year warranty periods, elect to transfer only his ten year warranty obligations to a third-party warranty company and retain his obligations for the one and two year warranty periods?
Do the separate warranty periods adopted by the commission created a single warranty obligation for up to ten years or separate warranty obligations for each period? Does the answer to this question depend upon whether the construction project includes work subject to each warranty period?
TRD-200701911
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: May 16, 2007
Notice of Consultant Contract Availability
This request for consulting services is filed under the provisions of the Government Code, Chapter 2254.
PURPOSE: Stephen F. Austin State University is seeking consulting services to provide testing, adjusting, and balancing of the chilled water loops for Power Plant #1. The same service is to be performed for Power Plant #2 and the Village as phases 2 and 3 at a time to be mutually agreed. Service to be performed includes:
• Research and ascertain GPM requirement for each air handler coil and each building total GPM.
• Test and determine if main venture is measuring accurately for each building.
• Visual inspection to determine if provision exist to enter water stream on each air handler coil and verify ports are not plugged.
• Test and determine if chill water coil venturies are functional and measuring accurately.
• Verify control valves are functioning properly where they exist.
• Visual inspection to confirm balance valves are present and operational.
• When flow is found to be low, measure pressure drop across strainer and determine whether screen needs to be pulled and cleaned.
• Develop strategy as to how the system will be operated while adjusting and balancing is being performed.
• Generate report of deficiencies to be repaired by the University.
• After chilled water system is ready, test adjust and balance system, marking all valve positions and generating a report of all findings to the University.
SELECTION CRITERIA: Evaluation will be made by the Mechanical Maintenance Supervisor and the Director of the Physical Plant based on evidence of the applicant's knowledge and experience in performing the specified services and costs. Interested parties must submit proposal with the following information: NEBB certification, experience, qualifications, cost for services to be provided for the Power Plant 1 evaluation with subsequent systems to be negotiated later, the name, address and phone of the individual assigned to the account.
CONTRACT COST: The contract amount is not to exceed $50,000 total for the three phases.
DEADLINES AND CONTACT INFORMATION: Proposals must be received in the Office of the Director of Purchasing, P.O. Box 13030, 2124 Wilson Drive, Nacogdoches, TX 75962 by June 1, 2007. For further information contact Mitch Johnson, (936) 468-4421, johnsonms1@sfasu.edu.
TRD-200701797
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: May 9, 2007
Pursuant to the Texas Water Code, §6.195, the Texas Water Development Board provides notice of the following applications received by the Board:
Trinity River Authority, 5300 South Collins Street, Arlington, Texas 76018, received April 18, 2007, application for financial assistance in the amount of $300,000,000 from the Clean Water State Revolving Fund.
Zapata County, 7th and Hidalgo, Zapata, Texas 78076, received March 13, 2007, application for financial assistance in the amount of $6,415,000 from the Clean Water State Revolving Fund - Disadvantaged Community Program.
Harris County Water Control and Improvement District No. 36, 903 Hollywood, Houston, Texas 77015, received March 30, 2007, application for financial assistance in the amount of $5,000,000 from the Drinking Water State Revolving Fund.
City of Commerce, 1119 Alamo Street, Commerce, Texas 75428, received December 1, 2006, application for financial assistance in the amount of $2,300,000 from the Drinking Water State Revolving Fund.
TRD-200701870
Wendall Corrigan Braniff
General Counsel
Texas Water Development Board
Filed: May 15, 2007