IN ADDITION

Office of the Attorney General

Notice of Contract Award for RFP Number 302-18-LBC004, OAG Contract #302-18-1729

Pursuant to Texas Government Code, Chapter 2254, Subchapter B, the Office of the Attorney General (OAG) has awarded OAG Contract #302-18-1729 for RFP No. 302-18-LBC004, Indirect Cost Allocation Plan and Legal Billing Rates Consultant Services, which was posted on the following Electronic State Business Daily website on December 4, 2017:

http://www.txsmartbuy.com/sp/302-18-LBC004

Pursuant to Texas Government Code §2254.030, the following information is provided:

Contract #302-18-1729 was awarded to MGT Consulting Group (Consultant) in the amount of $80,000.00 for the period of February 13, 2018, through August 31, 2019. Consultant's business address is 3800 Esplanade Way, Suite 210, Tallahassee, Florida 32311-6103. Consultant will prepare an Indirect Cost Allocation Plan based upon actual expenditures as presented in the OAG's Annual Financial Report (AFR) for FY 2017 and resulting in federally approved fixed FY 2019 Indirect Cost Allocation Rates. Consultant will prepare an Indirect Cost Allocation Plan based upon actual expenditures as presented in the OAG's AFR for FY 2018 and resulting in federally approved fixed FY 2020 Indirect Cost Allocation Rates. Consultant will prepare FY 2019 billing rates for legal services and reconcile FY 2017 legal billing rates with actual costs of legal services. Consultant will prepare FY 2020 billing rates for legal services and reconcile FY 2018 legal billing rates with actual costs of legal services. The FY 2019 and the FY 2020 billing rates for legal services will be used to directly bill state agencies and other users of the legal services of the OAG.

The schedule for performance of services and deliverables by Consultant is as follows:

Schedule for Performance of Services and Deliverables (.pdf)

TRD-201800866

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: February 28, 2018


Texas Water Code and Texas Health and Safety Code Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and the Texas Health & Safety Code. Before the State may settle a judicial enforcement action under the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code and the Texas Health & Safety Code.

Case Title and Court: Harris County, Texas, and the State of Texas v. ALS Associates, Inc. d/b/a ALS Industrial Services, Inc.; Cause No. 2016-50494, in the 333rd Judicial District Court of Harris County, Texas.

Nature of Defendant's Operations: Defendant ALS Associates, Inc. ("ALS") operates an industrial coatings company specializing in industrial blasting, painting and related processes at 9602 New Decade Drive, Pasadena, Harris County, Texas (the "Site"). Harris County filed suit alleging that since 2015, ALS has caused unauthorized air emissions by engaging in dry abrasive blasting outdoors, failed to determine hazardous industrial waste and classify nonhazardous waste, failed to properly handle and store solid waste, failed to conduct employee training and take grab samples of its effluents, in violation of the Texas Clean Air Act, the Texas Solid Waste Disposal Act, and the general permit issued under the Texas Pollutant Discharge Elimination System (TPDES). The State of Texas is a statutory necessary and indispensable party to the suit.

Proposed Agreed Judgment: The Agreed Final Judgment and Permanent Injunction orders ALS to, among others, conduct all sandblasting operations indoors, store all coatings, solvents, and wastes in closed containers, inspect and maintain the air filtration system and monitor for emissions, and to comply with the terms of its stormwater permit. ALS is liable for $60,000 in civil penalties, $20,000 of which will be permanently deferred upon timely compliance with the injunctive provisions; the penalty amount will be divided equally between Harris County and the State. In addition, ALS will pay Harris County and the State $5,000 each in attorney's fees.

For a complete description of the proposed settlement, the proposed judgment should be reviewed in its entirety. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Jake K. Brown, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-201800843

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: February 26, 2018


Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period January 2018 is $40.10 per barrel for the three-month period beginning on October 1, 2017, and ending December 31, 2017. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of January 2018, from a qualified low-producing oil lease, is not eligible for a credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period January 2018 is $2.23 per mcf for the three-month period beginning on October 1, 2017, and ending December 31, 2017. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of January 2018, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of January 2018 is $63.56 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of January 2018, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of January 2018 is $3.13 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of January 2018, from a qualified low-producing gas well.

Inquiries should be submitted to Teresa G. Bostick, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-201800792

William Hamner

Special Counsel for Tax Administration

Comptroller of Public Accounts

Filed: February 26, 2018


List of State with Bidder Preferences

The list of state preference statutes and regulations below is published pursuant to Texas Government Code, §2252.003. This list is current as of June 30, 2017, and may be used by Texas purchasing personnel in applying the "reciprocal preference" to bidders from other states--see Texas Government Code, §2252.002 and §2252.003(b). A "reciprocal preference" is a purchasing preference under which a purchasing entity gives a preference to its in-state bidders equivalent to what another state would give to its in-state bidders against a bidder from another state.

In compiling the list of other states' preference laws and regulations, citations to "in state" preference programs similar to Texas Human Resource Code, Chapter 122 (Texas Council on Purchasing from People with Disabilities) and Texas Government Code, Chapter 497 (Texas Correctional Industries) have been omitted. Although these preferences theoretically favor "in state" bidders, there is no basis for applying reciprocal preference based on those state statutes since Texas has similar provisions. Citations to other preferences which do not discriminate based upon state of origin, such as recycled products preferences, have also been omitted.

If state purchasers, agency counsel, or other staff have questions or concerns regarding the list or its application, please contact the Statewide Procurement Division of the comptroller at (512) 463-3034.

ALABAMA

ALABAMA RESIDENT BIDDER PREFERENCE

Alabama Code, §41-16-57. In the purchase of or contract for goods or services, preference is given to commodities produced in Alabama or sold by Alabama persons, firms, or corporations provided there is no sacrifice or loss in price or quality.

Alabama Code, §41-16-27. In the purchase of or contract for personal property or contractual services, preference is given to commodities produced in Alabama or sold by Alabama persons, firms, or corporations provided there is no sacrifice or loss in price or quality. Preference is given to an Alabama business entity (defined as any sole proprietorship, partnership, or corporation organized in the State of Alabama) in contractual services and purchases of personal property regarding the athletic department, food services, and transit services negotiated on behalf of two-year and four-year colleges and universities awarded without competitive bidding, unless the product or service supplied by a foreign corporation is substantially different or superior to the product or service supplied by the Alabama business entity.

Alabama Code, §23-1-51. All motor fuels, oils, greases and lubricants bought by or for the State Department of Transportation for use in the construction, maintenance and repair of the county roads and bridges in counties in which the construction, maintenance and repair of the county roads and bridges have been transferred to the State Department of Transportation shall be purchased from vendors and suppliers residing in the county where such motor fuels, oils, greases, and lubricants are to be used.

Alabama Code, §41-16-50. If a bid is received for personal property to be purchased or contracted for from a person, firm, or corporation deemed to be a responsible bidder, having a place of business within a "local preference zone" where a county, a municipality, or an instrumentality thereof is the awarding authority, and the bid is no more than 5.0% greater than the bid of the lowest responsible bidder, the awarding authority may award the contract to the resident responsible bidder.

Alabama Code, §41-16-20. If a bid is received for labor, services, work, or for the purchase or lease of materials, equipment, supplies, other personal property or other nonprofessional services involving $15,000 or more from a person, firm, or corporation deemed to be a responsible bidder and a preferred vendor where any state higher education institution, department, board, bureau, commission, committee, institution, corporation, authority, or office is the awarding authority and the bid is no more than 5.0% greater than the bid of the lowest responsible bidder, the awarding authority may award the contract to the preferred vendor. Preferred vendors are prioritized, as to the product, by producing or manufacturing within Alabama, having an assembly or distribution facility in Alabama, and having a certain organizational structure organized under Alabama law and maintaining a retail outlet or service center in Alabama for at least a year. Notwithstanding the above, in the event the lowest bid for an item of personal property or services to be purchased or contracted for is received from a foreign entity, where the county, a municipality, or an instrumentality thereof is the awarding authority, the awarding authority may award the contract to responsible bidder whose bid is no more than 10% greater than that of an entity that does not have a place of business in the state if the bidder has a place of business within the local preference zone or is a responsible bidder from a business within the state that is a woman-owned enterprise, an enterprise of small business, a minority-owned business enterprise, a veteran-owned business enterprise, or a disadvantaged-owned business enterprise.

ALABAMA RECIPROCAL PREFERENCE

Alabama Code, §39-3-5. Reciprocal preference provided in public contracts in which state, county, or municipal funds are utilized, except contracts funded in whole or in part with funds received from a federal agency.

ALASKA

ALASKA RESIDENT BIDDER PREFERENCE

Alaska Statutes, §35.27.020. Use of state cultural resources and selection of Alaska resident artists for commission of art works for public buildings and facilities is encouraged.

Alaska Statutes, §36.30.321. "Alaska bidder" is defined (in A.S. 36.30.990(25)) as a person who holds a current Alaska business license; submits a bid for goods, services, or construction under the name on the Alaska business license; has maintained a place of business in the state for at least six months prior to the bid; and is incorporated or qualified to do business in Alaska, is an Alaska resident if a sole proprietor, is organized under specific Alaska law and all members are Alaska residents if a LLC, is a partnership under specific Alaska law and all partners are Alaska residents; and, if a joint venture, is composed entirely of ventures that otherwise qualify. A 5.0% preference is applied to the price in the bid of an Alaska bidder. Except as to preferences provided in this section regarding persons with disabilities, a 15% preference is applied to the price in the bid of an Alaska bidder offering services through an employment program. A 5.0% preference is applied to the price in the bid of an Alaska bidder that is also an Alaska domestic insurer if the procurement is for an insurance-related contract. A 10% preference is applied to a price in the bid of an Alaska bidder that is owned by persons with disabilities (the sole proprietor, each partner of an partnership under Alaska law, each member of an LLC organized under Alaska law, each individual owner of corporation wholly owned by individuals, or a joint venture composed of ventures that otherwise qualify). A 5.0% preference not to exceed $5,000 is applied to the price in the bid of an Alaska bidder that is also a "qualifying entity," which is defined as a sole proprietorship owned by an Alaska veteran, a partnership or LLC under Alaska law if a majority of partners or members, respectively, are Alaska veterans, or a corporation wholly owned by individuals of whom a majority of Alaska veterans. This section does not apply to solicitations or contracts for lease space under Alaska Statute, §36.30.080, to procurements under Alaska Statute, §§36.30.305 - 36.30.310 (limited competition procurements, innovative procurements, and emergency procurements) or, except as provided otherwise by regulation under Alaska Statute, §36.30.320, to small procurements under Alaska Statute, §36.30.320 (supplies or services of $100,000 or less, construction of $200,000 or less, and lease of space of 7,000 square feet or less).

Alaska Statutes, §36.15.010. Whenever practicable, only timber, lumber, and manufactured lumber products originating in Alaska from local forests shall be used when such products are required in a project financed by state money.

Alaska Statutes, §36.15.050. Agricultural products harvested in the state receive a 7.0% price preference when purchased by the state or by a school district that receives state money. Fisheries products harvested or processed within the jurisdiction of the state receive a 7.0% price preference when purchased by the state or by a school district that receives state money.

Alaska Statutes, §36.30.322. Only timber, lumber, and manufactured lumber products originating in Alaska from Alaska forests may be procured by an agency or used in construction projects of an agency unless the manufacturers and suppliers who have notified the commissioner of commerce, community, and economic development of their willingness to manufacture or supply Alaska forest products have been given reasonable notice of the forest product procurement needs and no such manufacturer or supplier is the low bidder after all applicable preferences have been applied to the price of the forest product.

Alaska Statutes, §36.30.324. Alaska products shall be used whenever practicable in procurements for an agency. Recycled Alaska products shall be used when they are of comparable quality, of equivalent price, and appropriate for the intended use. Alaska Statutes, §36.30.337. Bids that include the use of recycled products that meet the specifications in a solicitation and the minimum recycled content set by the state receive a 5% preference.

Alaska Statutes, §36.30.328. In bid evaluation, a bid designating use of Alaska products identified in specifications and designated as Class I, Class II, or Class III state products under Alaska Statutes, §36.30.322 is decreased by the corresponding percentage of value under Alaska Statutes, §36.30.322.

Alaska Statutes, §36.30.332. Materials and supplies with value added in Alaska that are more than 25% and less than 50% produced or manufactured in Alaska are Class I products, which are given a 3.0% preference in bid evaluation. Those that are 50% or more and less than 75% produced and manufactured in Alaska are Class II products, which are given a 5.0% preference in bid evaluation. Those that are 75% or more produced and manufactured in Alaska are Class III products, which are given a 7.0% preference in bid evaluation.

Alaska Statutes, §36.30.336. Except as provided in AS 36.15.050(g) and AS 36.30.321(g), the preferences provided in AS 36.15.050 and AS 36.30.321 - 36.30.338 are cumulative. A bidder who would otherwise qualify for preferences under AS 36.30.321 may not be given a preference over another bidder who qualifies for the same preferences. Notwithstanding the other provisions of this chapter, AS 36.30.321 - 36.30.338 apply to all procurements subject to this chapter, except as provided in AS 36.15.050(h) and AS 36.30.322(b).

Alaska Administrative Code, Title 2, §12.260. Except for solicitations or contracts for lease space under Alaska Statutes, §36.30.080, in evaluating price, the proposed price of an Alaska bidder is reduced by 5.0% and all other applicable preferences are applied. Except for solicitations or contracts for lease space under Alaska Statutes, §36.30.080, if a numerical rating system is used, an Alaska offeror's preference of at least 10% of the total possible rating system value must be assigned to an Alaska bidder's proposal.

ARIZONA

ARIZONA RESIDENT BIDDER PREFERENCE

Arizona Revised Statutes, §34-242. Preference is given to bidders on contracts paid for from public funds who furnish materials produced or manufactured in Arizona to construct a building or structure, or additions to or alterations of existing buildings or structures, to any political subdivision of Arizona, as long as the bid of a competing bidder is less than 5.0% lower. Bidders cannot claim a preference pursuant to both §34-242 and §34-243 and may not receive more than 5.0% total preference.

Arizona Revised Statutes, §34-243. Preference is given to bidders on contracts paid for from public funds who furnish materials supplied by a dealer who is a resident of Arizona and who paid property taxes for no fewer than the preceding two years to construct a building or structure, or additions to or alterations of existing buildings or structures, for any political subdivision of Arizona, whenever the bid of a competing bidder is less than 5.0% lower than that of the resident dealer.

ARKANSAS

ARKANSAS RESIDENT BIDDER PREFERENCE

Arkansas Code, §13-8-206. If all factors are equivalent, preference is given to purchase or commission of works of art by Arkansas artists for state building sites.

Arkansas Code, §19-11-259. For projects designed to provide utility needs of a county or municipality, counties, municipalities and political subdivisions of Arkansas must accept the lowest qualified bid from a "firm resident in Arkansas," which is an individual, partnership, association, or corporation, domestic or foreign, who maintains at least one staffed office in Arkansas and has paid certain Arkansas taxes for not fewer than the two preceding years. The preference applies only if the bid does not exceed the lowest qualified nonresident firm bid by more than 5.0% and one or more "firms resident in Arkansas" made a written claim for preference. The preference is calculated by deducting 5.0% from the total of each bid of the Arkansas dealers who claimed the preference. If the resulting bid of any Arkansas bidder is lower than the nonresident firm, the award must be made to the Arkansas firm with the lowers bid, regardless of whether that firm claimed the preference.

Arkansas Code, §19-11-260. A preference is mandated for recycled paper products under certain conditions. A bidder receiving the preference is not entitled to an additional preference under Arkansas Code, §19-11-259.

Arkansas Code, §19-11-304. In bidding for the sale of products for use by the state, preference is given to private industries located within Arkansas and employing Arkansas taxpayers over out-of-state penal institutions employing convict labor.

Arkansas Code, §19-11-305. In all bidding procedures involving a bid by at least one out-of-state penal institution and a bid by at least one private industry located within Arkansas, a preference is given to the sole or lowest Arkansas bidder if not underbid by more than 5.0%, as provided in Arkansas Code, §19-11-259, by a nonresident private industry bidder or not by more than 15% by an out-of-state correctional institution.

Arkansas Code, §19-11-803. In evaluating qualifications of firms for professional services, each firm's proximity to, and familiarity with, the area in which the project is located shall be considered.

CALIFORNIA

CALIFORNIA RESIDENT BIDDER PREFERENCE

California Government Code, §4361. Preference is given in contracts and purchases for any public use to agricultural aircraft operators who are California residents if their bids do not exceed by more than 5.0% the lowest bids of nonresident agricultural aircraft operators.

California Government Code, §15813.3. In making contracts for the purchase, lease, or creation of works of art for California state buildings, preference may be given to artists who are California residents.

California Government Code, §§14835-14843. In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to small business and microbusiness is 5.0% to the lowest responsible bidder meeting specifications. Definition of "small business" includes requirement that the principal office of the business is located in California, and that the businesses' officers are domiciled in California. The preference to non-small business bidders that provide for small business or microbusiness subcontractor participation is subject to rules and regulations of the Department of General Services and limited to a maximum of 5.0% to the lowest responsible bidder meeting specifications. In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small business or microbusiness is 5.0% of the highest responsible bidder's total score. The preference to non-small business bidders that provide for small business or microbusiness subcontractor participation is subject to rules and regulations of the Department of General Services and limited to a maximum 5.0% of the highest responsible bidder's total score. The maximum small business preference shall not exceed $50,000 for any bid and the combined cost for preferences granted by law shall not exceed $100,000.

California Government Code, §4530-4535.3. Preferences are provided for California based companies submitting bids or proposals for state contracts to be performed at worksites in distressed areas by persons with a high risk of unemployment when the contract is for goods or services in excess of $100,000. Sections are discussed in more detail below.

California Government Code, §4533. When the state prepares a solicitation for contracts for goods in excess of $100,000, except a contract in which the worksite is fixed by the provisions of the contract, a preference of 5.0% is awarded to California-based companies for which at least 50% of the labor hours required to manufacture the goods and perform the contract shall be accomplished at a worksite or worksites located in a distressed area.

California Government Code, §4533.1. Where a bidder complies with §4533 or the worksite(s) where at least 50% of the labor required for contract performance is within commuting distance of a distressed area, percentage preferences are awarded for bidders that agree to hire persons with high risk of unemployment. The preference percentage is based on the percentage of such persons the bidder agrees to hire as a percentage of its work force during the period of contract performance: 1.0% preference for hiring of 5.0% to 9.0% of the bidder's workforce, 2.0% preference for hiring of 10% to 14% of the bidder's workforce, 3.0% for hiring of 15% to 19% of the bidder's workforce, and 4% preference for hiring of 20% or more of the bidder's workforce.

California Government Code, §4534. In evaluating proposals for contracts for services in excess of $100,000, except if the worksite is fixed by the provisions of the contract, a preference of 5.0% is awarded to California based companies for which no less than 90% of the total labor hours required for the contract is performed at a worksite or worksites located in a distressed area. Bidders complying with §4534 are awarded additional preferences as set forth in §4533.1.

California Government Code, §4535.2. The maximum preference a bidder may be awarded is 15%, not to exceed $50,000 or, if combined with other preferences and provisions of law, not to exceed $100,000. Small business bidders qualified in accordance with §14838 shall have precedence over non-small business bidders such that application of bidder preferences for non-small business bidders shall not result in denial of award to a small business bidder when the small business bidder is the lowest responsible bidder or when the small business bidder is eligible for the award due to the 5.0% small business bidder preference.

California Code of Regulations, Title 2, §1896.101. When a state agency prepares an invitation for bid (IFB) for a contract for the purchase of goods exceeding $100,000, except a contract where the worksite will be fixed by the terms of the contract, the IFB must provide for a preference of 5.0% for California-based companies for which no less than 50% of the labor required to perform the contract shall be accomplished at a worksite or worksites located in a program area.

California Code of Regulations, Title 2, §1896.102. Additional preferences awarded to bidder complying with §1896.71 (Commercially Useful Function) from 1.0% to 4.0% in accordance with California Government Code, §7095(b) if bidder to hire the specified percentage of persons living in a high intensity unemployment area or enterprise zone qualified employees during term of contract performance.

California Code of Regulations, Title 2, §1896.104. When a state agency prepares an IFB or RFP for a contract for services exceeding $100,000, except an IFB or RFP where the worksite will be fixed by the terms of the contract, the IFB or RFP must provide for a 5.0% preference for California-based companies that shall perform the contract at a worksite or worksites located in a program area.

California Code of Regulations, Title 2, §1896.105. Additional preferences awarded to bidder complying with §1896.74 (Disabled Veteran Business Enterprise Participation) from 1.0% to 4.0% in accordance with California Government Code, §7095(b) if bidder to hire the specified percentage of persons living in a high intensity unemployment area or enterprise zone qualified employees during term of contract performance.

California Code of Regulations, Title 2, §1896.6. Small businesses granted the 5.0% small business preference when non-small business has submitted lowest-priced, highest scored bid ranked pursuant to §1896.8. Non-small businesses granted a 5.0% preference when non-small business has submitted lowest-priced, highest scored bid ranked pursuant to §1896.8 and the non-small business has included in its bid a commitment to subcontract at least 25% of its net bid price with one or more small business(es).

California Code of Regulations, Title 2, §1896.8. When awarding to lowest responsible bidder, the 5.0% small business or non-small business subcontractor preference is computed from the lowest responsive and responsible non-small or non-small subcontractor business bidders bid and subtracted from the bid amount of the small business or non-small business subcontractor, as applicable. When awarding based on highest scored proposal with evaluation weighing factors other than price, the 5.0% small business or non-small subcontractor business preference is limited to bids deemed responsive and of acceptable quality and is computed as a number that represents preference point as specified in the solicitation. The amount of small business or non-small business subcontractor preferences awarded on a single bid shall not exceed $50,000 and the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to other law shall not exceed $100,000.

California Code Register, Title 2, §1896.12. Eligibility for certification as small business includes requirements that the principal office be located in California and that officers, managers and/or owners be domiciled in California.

California Code Register, Title 2, §1896.31. When a state agency prepares an IFB for a contract for purchase of goods in excess of $100,000, except a contract where the worksite will be fixed by the terms of the contract, the IFB shall provide for a 5.0% preference for California based companies for which no less than 50% of labor shall be accomplished at a worksite or worksites located in a distressed area.

California Code Register, Title 2, §1896.32. Additional preferences from 1.0% to 4.0% in accordance with California Government Code, §4533.1 shall be awarded where a bidder complies with rule 1896.31 if the bidder will hire the specified percentage of persons with high risk of unemployment during the period of contract performance.

California Code Register, Title 2, §1896.34. When a state agency prepares an IFB or RFP for a contract for services in excess of $100,000, except an IFB or RFP where the worksite will be fixed by the terms of the contract, the IFB or RFP shall provide for a 5.0% price preference for California based companies that will perform the contract at a worksite or worksites located in a distressed area.

California Code Register, Title 2, §1896.35. Additional preferences from one to four percent in accordance with California Government Code, §4534.1 shall be awarded where a bidder complies with rule 1896.34 if the bidder will hire the specified percentage of persons with high risk of unemployment during the period of contract performance.

CALIFORNIA RECIPROCAL PREFERENCE

California Public Contract Code, §6107. When awarding contracts for construction, a state agency shall grant a California company a reciprocal preference as against a nonresident contractor from any state that gives or requires a preference to be given contractors from that state on its public entity construction contracts. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the state of the nonresident contractor with the lowest responsive bid, except where the resident contractor is eligible for a California small business preference, in which case the preference applied shall be the greater of the two, but not both. If the contractor submitting the lowest responsive bid is not a California company and has its principal place of business in any state that gives or requires the giving of a preference on its public entity construction contracts to contractors from that state, and if a California company has also submitted a responsive bid, and, with the benefit of the reciprocal preference, the California company's bid is equal to or less than the original lowest responsive bid, the public entity shall award the contract to the California company at its submitted bid price.

COLORADO

COLORADO RESIDENT BIDDER PREFERENCE

Colorado Revised Statutes, §8-18-103. When purchasing agricultural products, contract shall be awarded to resident bidder as defined in §8-19-102 (person, partnership, corporation, or joint venture authorized to transact business in Colorado and maintains its principal place of business in Colorado or person, partnership, corporation, or joint venture authorized to transact business in Colorado, maintains place of business in Colorado, and has paid Colorado unemployment compensation for at least six of eight quarters prior to bidding on construction contract for public project) who produces products in Colorado if of equal quality, suitable for required use, sufficient in quantity, and bid or quoted price either does not exceed or reasonably exceeds lowest bid or price quoted for products produced outside Colorado. Whether a bid or quoted price "reasonably exceeds" a lowest bid or price quoted is determined based on the existing budget without further supplemental or additional appropriation.

Colorado Revised Statutes, §8-18-101. When an IFB for a commodities contract results in a low tie bid, a resident bidder is given preference over a nonresident bidder.

Colorado Revised Statutes, §43-1-1406. In awarding a transportation project adjusted score design-build contract, greater value is assigned to a proposal in proportion to the extent the proposal commits to using Colorado residents to perform work on the transportation project. However, the preference is suspended to the extent necessary to prevent denial of federal moneys or to eliminate inconsistency with federal law resulting from application of the preference.

Colorado Revised Statutes, §24-30-1403. In the selection process for professionals required on projects to furnish professional services for which fees equal to or exceed $25,000, Colorado firms are given preference when qualifications appear to be equal. This preference does not apply to the state board of land commissioners in connection with contract expenditures from the board's investment and development fund or the commercial real property operating fund.

Colorado Revised Statutes, §24-103-202.5. When low tie bids are received in response to an IFB for a supply contract from a resident bidder and a nonresident bidder, the resident bidder is given preference. The preference is suspended to the extent necessary to prevent denial of federal moneys or to eliminate inconsistency with federal law resulting from application of the preference.

1 Code of Colorado Regulations, Article 111, R-24-111-102-02. In event of tie bids for commodities, preference is given to resident bidder.

COLORADO RECIPROCAL PREFERENCE

Colorado Revised Statutes, §8-18-101. Except as provided in §8-18-103 or when an IFB for commodities results in a low tie bid, in contracts for commodities or services awarded to a bidder, a Colorado resident bidder is allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident. If an IFB for commodities results in a low tie bid, §24-103-202.5 applies.

Colorado Revised Statutes, §8-19-101. When awarding a construction contract for a public project, a Colorado resident bidder is given a preference against a nonresident bidder from another state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. This section is suspended to the extent necessary to prevent denial of federal moneys or to eliminate inconsistency with federal law resulting from application of the preference.

CONNECTICUT

CONNECTICUT RESIDENT BIDDER PREFERENCE

Connecticut General Statutes, §4a-59. All other factors being equal, preference is given to supplies, materials and equipment produced, assembled or manufactured in the state, and services originating and provided in the state.

Connecticut General Statutes, §4a-51. When purchasing dairy products, poultry, eggs, beef, pork, lamb, farm-raised fish, fruits, or vegetables, the Commissioner of Administrative Services shall give preference to those items grown or produced in Connecticut when comparable in cost to those that have not been grown or produced in Connecticut.

CONNECTICUT RECIPROCAL PREFERENCE

Connecticut General Statutes, §4e-48. State contracting agencies shall add a percent increase to the original bid of a nonresident bidder equal to the percent, if any, of the preference given to such nonresident bidder in the state in which such nonresident bidder resides. If, after application of such percent increase, the bidder that submits the lowest responsible qualified bid is a resident bidder, the state contracting agency shall award the contract to the resident bidder provided the resident bidder agrees to meet the original lowest responsible qualified bid. A "nonresident bidder" means a business that is not a Connecticut resident and a "resident bidder" means a business that has paid unemployment or income taxes in Connecticut during the 12 calendar months immediately preceding bid submission and has a business address in Connecticut.

DELAWARE

DELAWARE RESIDENT BIDDER PREFERENCE

Delaware Code, Title 29, §6962. Preference in employment is given for Delaware laborers, workers or mechanics who are bona fide legal citizens of the State with established citizenship by residence of at least 90 days in the State in the construction of all public works for the State of Delaware or any political subdivision thereof, or by firms contracting with the State or any political subdivision thereof. Each public works contract for the construction of public works for the State of Delaware or any political subdivision thereof shall contain a stipulation that any person, company or corporation who violates this section shall pay a penalty equal to the amount of compensation paid to any person in violation of this section.

FLORIDA

FLORIDA RESIDENT BIDDER PREFERENCE

Florida Statutes, §287.082. Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, such commodities are given preference.

Florida Statutes, §287.092. Any foreign manufacturing company with a factory in Florida employing over 200 employees working in Florida shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured.

Florida Statutes, §255.04. Every official board in Florida charged with erecting or constructing any public administrative or institutional building shall give preference in purchase of material and in letting of contracts for construction to material men, contractors, builders, architects, and laborers who reside in Florida when such material can be purchased or services employed at no greater expense than purchasing from, letting contract to, or employing a person residing outside of Florida.

Florida Statutes, §283.35. In awarding a contract to have materials printed, preference is given to the lowest responsible and responsive vendor with a principal place of business in Florida. The preference is 5.0% if the lowest bid is submitted by a vendor with a principal place of business outside of Florida and the printing can be performed in Florida at a quality level comparable to that from the vendor submitting the lowest bid located outside Florida.

Florida Administrative Code, §60A-1.011. When confronted with identical pricing or scoring from multiple vendors, agencies shall determine the order of award in the following order of preference: response from a Florida-domiciled entity, response relating to manufactured commodities provides for manufacturing in Florida, response relating to manufactured commodities provides for a foreign manufacturer that has at least 200 employees working in Florida, and response with certification that a drug-free workplace has been implemented.

Florida Statutes, §295.187. When considering two or more bids for commodities or services which are equal with respect to all relevant considerations, a state agency shall award such procurement or contract to a certified veteran business enterprise, status which requires domicile in Florida. If a veteran business enterprise entitled to a preference under this section and one or more businesses entitled to this or another vendor preference submit bids, proposals, or replies for procurement of commodities or contractual services which are equal with respect to all relevant considerations, a state agency shall award to the business with the smallest net worth.

Florida Administrative Code, §25-25.009. Preference is given to bidders located within Florida if when awarding contracts, whenever commodities bid can be purchased at no greater expense and of comparable quality level to those by a bidder located outside of Florida. This is only applicable to the Florida Public Service Commission.

FLORIDA RECIPROCAL PREFERENCE

Florida Statutes, §287.084. When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then preference is awarded to the lowest responsible and responsive vendor having a principal place of business within Florida, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside Florida and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in Florida shall be 5.0%.

GEORGIA

GEORGIA RESIDENT BIDDER PREFERENCE

Georgia Code, §8-5-5. In purchases, leases, or commissioning of works of art in state buildings, preference may be given to artists who are Georgia residents.

Georgia Code, §50-5-60. When contracting for or purchasing supplies, materials, equipment, or agricultural products, excluding beverages for immediate consumption, preference is given as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in Georgia, but the preference shall not sacrifice quality. In determining the reasonableness of such preference where the value of such a contract exceeds $100,000, consideration shall be given to information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods.

Georgia Code, §50-5-60.4. Entities responsible for public land maintenance must give preference to the use of compost and mulch in all road building, land maintenance, and land development activities. Preference is given to compost and mulch made in the State of Georgia from organics which are source separated from the state's nonhazardous solid waste stream.

Georgia Code, §50-5-61. State and local authorities shall give preference in purchasing and contracting, as far as may be reasonable and practicable, to supplies, materials, equipment, and agricultural products, excluding beverages for immediate consumption, manufactured or produced in Georgia, but the preference shall not sacrifice quality. In determining the reasonableness of such preference where the value of such a contract exceeds $100,000, consideration shall be given to information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods.

Georgia Code, §50-5-63. Contracts for the publicly funded construction of, addition to, or repair of any facility shall not be let unless the contract contains a stipulation providing that the contractor or any subcontractor shall use exclusively Georgia forest products when forest products are to be used if Georgia forest products are available.

GEORGIA RECIPROCAL PREFERENCE

Georgia Code, §50-5-60. Resident Georgia vendors are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state, or by any local government of such state, to vendors resident therein over resident Georgia vendors.

HAWAII

HAWAII RESIDENT BIDDER PREFERENCE

Hawaii Revised Statutes, §201-4. The department of business, economic development and tourism may contract with qualified private and public agencies, associations, firms, or individuals within or without Hawaii provided that preference is given to contractors within Hawaii and that preference is given to qualified parties who agree to match funds as provided by statute and rules.

Hawaii Revised Statutes, §103D-1002. Where a bid or proposal contains both Hawaii and non-Hawaii products, for the purpose of selecting the lowest bid or purchase price only, the price or bid offered for a Hawaii product item shall be decreased by subtracting 10% for Class I Hawaii product items bid or offered, or 15% for Class II Hawaii product items bid or offered. The lowest total bid or proposal, taking the preference into consideration, shall be awarded the contract unless the bid or offer provides for additional award criteria. The contract amount of any contract awarded, however, shall be the amount of the bid or price offered, exclusive of the preferences. "Hawaii products" is defined in §103D-1001 as products that are mined, excavated, produced, manufactured, raised, or grown in Hawaii and where the cost of the Hawaii input towards the product exceeds 50% of the total cost of the product, provided that where the value of the Hawaii materials input exceeds 50% of the total cost, the product is classified as Class I and where any agricultural, aquacultural, horticultural, silvicultural, floricultural, or livestock product is raised, grown, or harvested in Hawaii, the product is classified as Class II.

Hawaii Revised Statutes, §103D-1003. All bids submitted for printing, binding, or stationery in which all work will be performed in-state shall receive a 15% preference for purposes of bid evaluation. Where bids are for work performed in-state and out-of-state, for the purpose of selecting the lowest bid submitted only, the bid amount for work performed out-of-state shall be increased by 15%.

Hawaii Revised Statutes, §103D-1006. In any expenditure of public funds for software development, the use of Hawaii software development businesses shall be preferred. For the purpose of selecting the lowest bid or purchase price only, the bid or offer by a non-Hawaii software development business shall be increased by a preference percentage pursuant to rules adopted by the policy board.

Code of Hawaii Rules, §3-124-5. With regard to the preference for Hawaii products, should more than one preference allowed by statute apply, the evaluated price shall be based on application of applicable preferences in the order specified with preferences applied to the original prices: (1) Hawaii products list, pursuant to section 103D-1002, HRS; (2) Tax adjustment for tax exempt offerors, pursuant to section 103D-1008, HRS; (3) Preferred use of Hawaii software development businesses, pursuant to section 103D-1006, HRS; (4) Recycled products, pursuant to section 103D-1005, HRS; (5) Reciprocal preference, pursuant to section 103D-1004, HRS; (6) Printing, binding, and stationery work within the State, pursuant to section 103D-1003, HRS; (7) Preference for persons with disabilities, pursuant to section 103D-1009, HRS. The sum of the preferences, where applicable, shall be added to the original price, except that preferences (1) and (4) shall be subtracted from the Hawaii products or recycled products price.

Code of Hawaii Rules, §3-124-12. With regard to application of the preference for printing, binding, and stationery work, should more than one preference allowed by statute apply, the evaluated price shall be based on application of applicable preferences in the order specified with preferences applied to the original prices: (1) Hawaii products list, pursuant to section 103D-1002, HRS; (2) Tax adjustment for tax exempt offerors, pursuant to section 103D-1008, HRS; (3) Preferred use of Hawaii software development businesses, pursuant to section 103D-1006, HRS; (4) Recycled products, pursuant to section 103D-1005, HRS; (5) Reciprocal preference, pursuant to section 103D-1004, HRS; (6) Printing, binding, and stationery work within the State, pursuant to section 103D-1003, HRS; (7) Preference for persons with disabilities, pursuant to section 103D-1009, HRS. The sum of the preferences, where applicable, shall be added to the original price, except that preferences (1) and (4) shall be subtracted from the Hawaii products or recycled products price.

Code of Hawaii Rules, §3-124-18. With regard to the application of the reciprocal preference, should more than one preference allowed by statute apply, the evaluated price shall be based on application of applicable preferences in the order specified with preferences applied to the original prices: (1) Hawaii products list, pursuant to section 103D-1002, HRS; (2) Tax adjustment for tax exempt offerors, pursuant to section 103D-1008, HRS; (3) Preferred use of Hawaii software development businesses, pursuant to section 103D-1006, HRS; (4) Recycled products, pursuant to section 103D-1005, HRS; (5) Reciprocal preference, pursuant to section 103D-1004, HRS; (6) Printing, binding, and stationery work within the State, pursuant to section 103D-1003, HRS; (7) Preference for persons with disabilities, pursuant to section 103D-1009, HRS. The sum of the preferences, where applicable, shall be added to the original price, except that preferences (1) and (4) shall be subtracted from the Hawaii products or recycled products price.

Code of Hawaii Rules, §3-124-34. With regard to the application of the software development business preference, a price preference will be given to Hawaii software development businesses in the amount of 10% of the price, and will be used for evaluation. When a solicitation specifies that because of federal requirements, the Hawaii software development business preference will not be considered, the price preference shall not apply.

Code of Hawaii Rules, §3-124-35. With regard to the application of the software development business preference, should more than one preference allowed by statute apply, the evaluated price shall be based on application of applicable preferences in the order specified with preferences applied to the original prices: (1) Hawaii products list, pursuant to section 103D-1002, HRS; (2) Tax adjustment for tax exempt offerors, pursuant to section 103D-1008, HRS; (3) Preferred use of Hawaii software development businesses, pursuant to section 103D-1006, HRS; (4) Recycled products, pursuant to section 103D-1005, HRS; (5) Reciprocal preference, pursuant to section 103D-1004, HRS; (6) Printing, binding, and stationery work within the State, pursuant to section 103D-1003, HRS; (7) Preference for persons with disabilities, pursuant to section 103D-1009, HRS. The sum of the preferences, where applicable, shall be added to the original price, except that preferences (1) and (4) shall be subtracted from the Hawaii products or recycled products price.

Code of Hawaii Rules, §3-124-55. With regard to the application of the tax exempt bidder preference, should more than one preference allowed by statute apply, the evaluated price shall be based on application of applicable preferences in the order specified with preferences applied to the original prices: (1) Hawaii products list, pursuant to section 103D-1002, HRS; (2) Tax adjustment for tax exempt offerors, pursuant to section 103D-1008, HRS; (3) Preferred use of Hawaii software development businesses, pursuant to section 103D-1006, HRS; (4) Recycled products, pursuant to section 103D-1005, HRS; (5) Reciprocal preference, pursuant to section 103D-1004, HRS; (6) Printing, binding, and stationery work within the state, pursuant to section 103D-1003, HRS; (7) Preference for persons with disabilities, pursuant to section 103D-1009, HRS. The sum of the preferences, where applicable, shall be added to the original price, except that preferences (1) and (4) shall be subtracted from the Hawaii products or recycled products price.

Code of Hawaii Rules, §3-124-64. With regard to the application of the qualified community rehabilitation program preference, should more than one preference allowed by statute apply, the evaluated price shall be based on application of applicable preferences in the order specified with preferences applied to the original prices: (1) Hawaii products list, pursuant to section 103D-1002, HRS; (2) Tax adjustment for tax exempt offerors, pursuant to section 103D-1008, HRS; (3) Preferred use of Hawaii software development businesses, pursuant to section 103D-1006, HRS; (4) Recycled products, pursuant to section 103D-1005, HRS; (5) Reciprocal preference, pursuant to section 103D-1004, HRS; (6) Printing, binding, and stationery work within the state, pursuant to section 103D-1003, HRS; (7) Preference for persons with disabilities, pursuant to section 103D-1009, HRS. The sum of the preferences, where applicable, shall be added to the original price, except that preferences (1) and (4) shall be subtracted from the Hawaii products or recycled products price.

HAWAII RECIPROCAL PREFERENCE

Hawaii Revised Statutes, §103D-1004. The chief procurement officer may impose a reciprocal preference against bidders from other states which apply preferences. The amount of the reciprocal preference shall be equal to the amount by which the non-resident preference exceeds any preference applied by Hawaii. In determining whether a bidder qualifies as a resident bidder, the definition used by the other state in applying a preference shall apply.

Code of Hawaii Rules, §3-124-17. In the absence of any conflict with federal laws, a reciprocal preference may be imposed against bidders from states that apply preferences. In competitive sealed bidding proposals, a Hawaii resident bidder may be given a reciprocal preference equal to the preference the out-of-state bidder would be given in its own state, which must be equal to the amount the out-of-state preference exceeds Hawaii's preference if the two states' preferences are comparable.

IDAHO

IDAHO RESIDENT BIDDER PREFERENCE

Idaho Code, §67-9210. With regard to bids for acquisition of property, preference is given to bidders having a significant Idaho economic presence when both bids and quality of property offered are the same.

Idaho Code Ann., §60-103. All printing, binding (excluding binding for state supported libraries), engraving and stationery for which the state contracts shall be executed within Idaho except as to compilations, publications or codifications of Idaho laws. However, work may be executed outside of Idaho under certain circumstances, including those in which the lowest bid proposing to execute the work within Idaho is more than 10% more than the lowest bid proposing to execute the work outside of Idaho.

Idaho Administrative Code, §38.05.01.082. To discourage tie bid, may award to an Idaho resident or an Idaho domiciled bidder.

IDAHO RECIPROCAL PREFERENCE

Idaho Code, §67-2349. In the letting of bids for contracts for the purchase of any materials, supplies, services, or equipment, bidders domiciled outside of Idaho are required to submit a bid the same percent less than the lowest bid submitted by an Idaho-domiciled responsible bidder as would be required for the latter to succeed in the out-of-state bidder's domiciliary state. A bidder domiciled outside of Idaho may be considered an Idaho domiciled bidder if it has a significant Idaho economic presence for one year preceding the date of the bid.

Idaho Code, §67-2348. In the letting of bids for public contracts, contractors domiciled outside of Idaho are required to submit a bid the same percent less than the lowest bid submitted by an Idaho-domiciled responsible contractor as would be required for the latter to succeed in the out-of-state contractor's domiciliary state.

ILLINOIS

ILLINOIS RESIDENT BIDDER PREFERENCE

30 Illinois Compiled Statutes, §520/2. In purchasing commodities from vendors in another state, preference is given to vendors in states whose preference laws do not prohibit the purchase of commodities grown or produced in Illinois.

30 Illinois Compiled Statutes, §500/45 50. In awarding contracts requiring procurement of agricultural products, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of agricultural products grown in Illinois.

30 Illinois Compiled Statutes, §555/1. Institutions authorized and required to purchase coal for fuel purposes that are state-funded or owned by a municipal corporation or political subdivision of Illinois must purchase and use coal mined in Illinois if the cost, including the cost of transportation, is not more than 10% greater than the cost of coal mined in any other state or states.

44 Illinois Administrative Code, §1.4510. In breaking a tie bid or proposal, the award is given to an Illinois resident vendor, which means a person authorized to transact business in Illinois (including a foreign corporation authorized to transact business in Illinois) that has a bona fide establishment for transacting business in Illinois at which it was transacting business on the date the competitive solicitation was first advertised. An Illinois resident vendor is allowed a preference over a non-resident equal to any in-state vendor preference given or required by the state of the non-resident.

ILLINOIS RECIPROCAL PREFERENCE

30 Illinois Compiled Statutes, §500/45-10. When awarding a contract to the lowest responsible bidder, a resident bidder is allowed a preference against a non-resident bidder from any state that gives or requires a preference to bidders from that state, with the preference being equal to that of the non-resident's state. A resident bidder is a person authorized to transact business in Illinois (including a foreign corporation authorized to transact business in Illinois) that has a bona fide establishment for transacting business in Illinois at which it was transacting business on the date the competitive solicitation was first advertised.

44 Illinois Administrative Code, §500.1110. When awarding a contract to the lowest responsible bidder, a resident bidder is allowed a preference against a non-resident bidder from any state that gives or requires a preference to bidders from that state, with the preference being equal to that of the non-resident's state.

INDIANA

INDIANA RESIDENT BIDDER PREFERENCE

Indiana Code, §5-22-15-20. A governmental body, except the Indiana state lottery commission, may adopt rules to give preference to Indiana businesses submitting offers for purchase if an out-of-state business submits and offer and the out-of-state business is from a state that gives purchase preferences unfavorable to Indiana businesses. The rules may not give preference that is more favorable to Indiana business than the other state's preference to that same state's businesses. The rules must also provide that a contract must be awarded to lowest responsive and responsible offeror, regardless of these preferences, if the offeror is Indiana business or is a business from a state bordering Indiana that does not provide a preference to its own businesses that is more favorable than is provided by Indiana law to Indiana businesses.

Indiana Code, §5-22-15-20.5. Price preferences are provided by state agencies for supplies purchased from Indiana businesses as follows: 5.0% for a purchase expected to be less than $500,000, 3.0% for a purchase expected to be at least $500,000 but less than $1,000,000, and 1.0% for a purchase expected to be at least 1,000,000. In addition to this price preference, if an Indiana business offers to provide supplies manufactured, assembled, or produced in Indiana and two or more bids are the same, the following price preference is available to the Indiana business: 3.0% for a purchase expected to be less than $500,000, 2.0% for a purchase expected to be at least $500,000 but less than $1,000,000, and 1.0% for a purchase expected to be at least 1,000,000. For these preferences, an "Indiana business" is one whose principal place of business is in Indiana, one that pays a majority of its payroll to Indiana residents, one that employs a majority of Indiana residents, one that makes significant capital investments in Indiana, or one that has a "substantial positive economic impact on Indiana" as defined by criteria established by the Indiana department of administration. Businesses must take certain specified actions to claim these preferences.

Indiana Code, §5-22-15-22. Whenever a purchasing agent purchases coal for use as fuel, the purchasing agent shall give an absolute preference to coal mined in Indiana except under circumstances in which federal law requires the use of low sulphur coal.

Indiana Code, §5-22-15-23. Governmental body must give a 15% preference for supplies to Indiana small businesses (defined as independently owned and operated, not dominant in the field, and satisfying other criteria relating to size or veteran ownership).

State Policy: Establishment of the "Buy Indiana" presumption, Indiana Executive Order No. 05-05 (January 10, 2005). State procurement is subject to a "Buy Indiana" presumption requiring state agencies to buy their supplies and services from "Indiana businesses." The Department of Administration is required to undertake efforts to increase the percentage of state procurement from Indiana businesses to 90% of state's total procurement volume. The Department of Administration utilizes five guidelines for a company to qualify as an Indiana business: one whose principal place of business is in Indiana, one that pays a majority of its payroll to Indiana residents, one that employs a majority of Indiana residents, one that makes significant capital investments in Indiana, or one that has a "substantial positive economic impact on Indiana" (is in the top 500 companies for number of employees, unemployment taxes, payroll withholding taxes, corporate income taxes, or other impact as determined by the Department of Administration). Bids are subject to Indiana Code 5-22-15-20.5. Requests for proposals and professional services use a revised scoring system for determining the award as follows: 40 points for management assessment/quality, 35 points for price, 5 points for "Buy Indiana Indiana Company," 5 points for Indiana economic impact, 5 points for veteran's business enterprise, and 10 points for minority and/or women-owned business enterprise (MWBE) (five points each for women and minority participation).

Indiana Executive Order No. 13-04 (January 14, 2013). The Department of Administration is required to undertake efforts to increase contracting opportunities for Indiana veteran-owned businesses by setting a goal to procure 3.0% of state contracts with Indiana veteran-owned businesses. Program eligibility requires, among other things, that a business be an Indiana firm with its principal place of business located in Indiana.

INDIANA RECIPROCAL PREFERENCE

Indiana Code, §4-13.6-6-2.5. The Indiana Department of Administration may adopt rules giving a preference in public works contracts to an Indiana business that submits a bid if an out-of-state business submits a bid and the out-of-state business is from a state that gives public works preferences unfavorable to Indiana businesses. The preference may not be more favorable to Indiana businesses than the other state's preference is to the other state's businesses.

IOWA

IOWA RESIDENT BIDDER PREFERENCE

Iowa Code, §304A.13. Preference is given to selection of fine arts works of living or deceased Iowa artists for fine arts projects in state buildings.

Iowa Code, §8A.311(1). In procuring by competitive bidding equipment, supplies, or services, the Department of Administrative Services must give a preference to purchasing Iowa products and purchases from Iowa-based businesses if the Iowa-based business bids are comparable in price to bids submitted by out-of-state businesses and otherwise meet specifications. If another state mandates a percentage preference for businesses or products from that state resulting in low and responsive Iowa bids not being selected in that state, the same percentage preference shall be applied to Iowa businesses and products when businesses or products from the other state are bid to supply Iowa requirements.

Iowa Code, §8A.311(12). The state and political subdivisions are required to give preference to purchasing Iowa products and purchasing from Iowa-based businesses if the bids meet specifications and are comparable in price to bids submitted by other bidders.

Iowa Code, §8A.311(22). Preference is given through the Department of Administrative Services to purchasing equipment, supplies, and services from and awarding public improvement contracts to an Iowa-based business if the bid is comparable in price to bids submitted by other bidders and meets specifications. This preference is subject to the Iowa-based business having adopted certain policies to support employees in the national guard and organized reserves of the United States armed forces.

Iowa Code, §73.1. Governmental bodies, other than school districts purchasing food while participating in the federal school lunch or breakfast program, must use products and provisions grown and coal produced in Iowa when found in Iowa in marketable quantities and are of a quality reasonably suited to the intended purpose and can be secured without additional costs over out-of-state products.

Iowa Code, §73.6. Governmental bodies must purchase and use coal mined or produced in Iowa by producers complying with all Iowa workers' compensation and mining laws except when coal produced in Iowa cannot be procured in a quantity or quality reasonably suited to the purchaser's needs; the equipment is not reasonably adapted to the use of coal produced in Iowa; or the use of coal produced in Iowa would materially lessen the efficiency or increase the cost of operating the purchaser's heating or power plant. There is also an exception as to mines employing workers not covered by workers' compensation plans or who permit the miners to work in individual units in their own rooms.

11 Iowa Administrative Code, 11-117.5. The Department of Administrative Services and state agencies are required to make every effort to support Iowa products and Iowa-based businesses when making a purchase. Tied responses to solicitations are decided in favor of Iowa products and Iowa-based businesses.

761 Iowa Administrative Code, 20.4. In procuring equipment, materials, supplies, and services, the Iowa Department of Transportation must resolve tie bids by giving first preference to an Iowa bidder.

IOWA RECIPROCAL PREFERENCE

Iowa Code, §8A.311. With regard to equipment, supplies, or services procured through competitive bidding by the Department of Administrative Services, if another state mandates a percentage preference for businesses or products from that state resulting in low and responsive Iowa bids not being selected in that state, the same percentage preference shall be applied to Iowa businesses and products when businesses or products from the other state are bid to supply Iowa requirements.

Iowa Code, §73A.21. When a contract for a public improvement is to be awarded to the lowest responsible bidder, a resident bidder is allowed a preference as against a nonresident bidder if the non-resident bidder's state or country gives or requires any preference to bidders from that state or country, any imposition of labor force preference, or any other preferential treatment to bidders or laborers from that state or country. The Iowa resident bidder preference allowed must be equal to the preference of the non-resident bidder's state or country of residence. With regard to a resident labor force preference, a nonresident bidder is required to apply the same resident labor force preference to a public improvement in Iowa as would be required in the non-resident's state or country of residence.

KANSAS

KANSAS RESIDENT BIDDER PREFERENCE

Kansas Statutes, §75-3740. Contracts must be awarded to certified businesses that are responsible bidders and whose total cost is not more than 10% higher than the lowest competitive bid. A responsible bidder that purchases from a certified business the dollar amount of such purchases made during the prior fiscal year must be deducted from the original bid, not to exceed 10% of the original bid received from that bidder. A "certified business" includes requirements of domicile in Kansas and conducting business primarily in Kansas or production substantially all in Kansas. In the state agency purchase of passenger motor vehicles, 3.0% of the bid amount is subtracted from bids of responsible bidders offering motor vehicles assemble in Kansas which match the exact specifications of the agency.

KANSAS RECIPROCAL PREFERENCE

Kansas Statutes, §75-3740. If the dollar amount of a bid received from the lowest responsible resident bidder is identical to the dollar amount of a bid from the lowest responsible out-of-state bidder must be awarded to the resident bidder.

Kansas Statutes, §75-3740a. The state, any agency, department, bureau, or division thereof and any municipality (including counties, school districts, improvement districts, and other public bodies), in letting contracts for the erection, construction, alteration, or repair of any public building or structure or any addition thereto or for any public work or improvement, or for any purchase of goods, merchandise, materials, supplies, or equipment, a contractor domiciled outside Kansas, to be successful, must submit a bid the same percent less than the lowest bid of a responsible Kansas contractor as would be required of the Kansas-domiciled contractor in the out-of-state contractor's state of domicile.

KENTUCKY

KENTUCKY RESIDENT BIDDER PREFERENCE

Kentucky Revised Statutes, §45A.645. State agencies shall purchase Kentucky-grown agricultural products if they meet the agency's quality standards and pricing requirements.

Kentucky Revised Statutes, §45A.494. If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference is given to the resident bidder. A resident bidder is an individual, partnership, association, corporation or other business entity that is authorized to transact business in Kentucky and has, for one year prior to and through the date of advertisement of the contract for bidding, has filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund, and maintained a Kentucky workers' compensation policy.

KENTUCKY RECIPROCAL PREFERENCE

Kentucky Revised Statutes, §45A.494. Prior to a contract award to the lowest responsible and responsive bidder on a contract by a public agency, a Kentucky resident bidder is given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference must be equal to the state of the nonresident bidder.

LOUISIANA

[NOTE: Louisiana Revised Statutes, §38:2211 et seq. constitutes the Louisiana Public Bid Law (governs public works and the purchase of materials and supplies by most public entities) and §39:1551 et seq. constitutes the Louisiana Procurement Code (governs purchase of certain services, materials and supplies, and major repairs by most state agencies).]

LOUISIANA RESIDENT BIDDER PREFERENCE

Louisiana Revised Statutes, §27:246. Casino gaming operators and the Louisiana Economic Development and Gaming Corporation, in purchasing or contracting for goods and services, must give preference and priority to Louisiana residents, laborers, vendors, and suppliers if reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency. In selecting a casino operator, the Louisiana Economic Development and Gaming Corporation must give preference to an operator who demonstrates a willingness and ability to purchase and contract for goods and services from or with Louisiana residents, laborers, vendors, and suppliers.

Louisiana Revised Statutes, §38:2251 and §39:1595. Preferences are given to bidders whose Louisiana business workforce is comprised of a minimum of 50% Louisiana residents for all types of products produced, manufactured, assembled, grown, or harvested in Louisiana, Pursuant to §39:1554 and §38:2251 governs the procurement of construction by governmental bodies of Louisiana, but does not apply to any procurement of supplies, services, or major repairs by the state. Pursuant to §39:1554 and §39:1595 applies to every expenditure of public funds by Louisiana, irrespective of source, under any contract for supplies, services, or major repairs except grants or contracts between the state and political subdivisions or other governments except as otherwise provided by law. [NOTE: Except as noted below, §38:2251 and §39:1595 are substantially identical.]

* With regard to agricultural or forestry products, including meat, seafood, produce, eggs, paper or paper products, Louisiana products must be procured or purchased as long as the product meets Louisiana product criteria, the product is equal to or better in quality to other products, and the cost does not exceed by more than 10% the cost of other products.

* Meat and meat products which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry must be procured or purchased if equal in quality to other meat and meat products and the cost does not exceed by more than 7.0% the cost of other products.

* Domesticated or wild catfish which are processed in Louisiana but grown outside Louisiana must be procured or purchased if equal in quality and the cost does not exceed by more than 7.0% the cost of catfish processed outside Louisiana.

* Produce processed in Louisiana but grown outside Louisiana must be procured or purchased if equal in quality and the cost does not exceed by more than 7.0% the cost of produce processed outside Louisiana.

* Under §39:1595, eggs or crawfish which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry must be procured or purchased if equal in quality to other meat and meat products and the cost does not exceed by more than 7.0% the cost of other products.

* Except as otherwise provided in §38:2251 or §39:1595, as applicable, materials, supplies, or equipment which are Louisiana products equal in quality to other products may be purchased if the cost of such items does not exceed the cost by more than 10% the cost of other items manufactured, processed, produced, or assembled outside the state and the Louisiana product vendor agrees to a sale price equal to the lowest bid offered.

* These preferences do not apply to Louisiana products whose source is a clay which is mined or originates in Louisiana, and which is manufactured, processed, or refined in Louisiana for sale as an expanded clay aggregate form different than its original state, do not affect preferences applicable to brick manufacturers, do not apply to firefighting or rescue equipment, and do not apply to treated wood poles and pilings.

* The provisions of §38:2251 do not apply to a drainage district or sewerage and water board located in New Orleans wherein the cost of products produced or manufactured in the Louisiana does not exceed by more than 5.0% the cost of products which are equal in quality to products produced or manufactured outside Louisiana in purchases of one million dollars or more.

Louisiana Revised Statutes, §38:2253. All things being equal, preference is given to firms doing business in Louisiana. Preference is inferior to and superseded where conflicting with Louisiana Revised Statutes, §38:2251.

Louisiana Revised Statutes, §38:2255. Printing, lithographing, embossing, engraving, binding, record books, printed supplies, stationery and office supplies, and equipment must be purchased from Louisiana firms and all printing, lithographing, embossing, engraving, and binding in connection therewith must be done in Louisiana by Louisiana firms and by Louisiana labor unless the bid submitted by a firm outside Louisiana is 3.0% lower than the lowest bid submitted by a Louisiana firm. This section does not apply to specialized forms and printing, such as continuous forms, margin punched forms, football tickets, 24 sheet poster, music printing, steel dye and lithographed bonds, decalcomanias, revenue stamps, lithographing and bronzing on acetate, college annuals, fine edition binding, and books.

Louisiana Revised Statutes, §38:2256. It is permissible to purchase supplies not ordinarily obtainable from Louisiana firms from non-resident firms authorized and otherwise qualified to do business in Louisiana that maintain an office in Louisiana where payment may be made; however, Louisiana firms shall first be given opportunity to furnish supplies and be given preference.

Louisiana Revised Statutes Ann., §38:2184. Cost and quality being equal, preference is given to supplies, material, or equipment produced or offered by Louisiana citizens.

Louisiana Revised Statutes, §39:1594. In state contracts awarded by competitive sealed bidding, Louisiana resident businesses are given preference against nonresident businesses in tie bids if there will be no sacrifice or loss in quality.

Louisiana Revised Statutes, §39:1595.5. When purchasing items at retail, purchases must be from a retail dealer located in Louisiana as long as the items are equal in quality and the cost does not exceed by more than 10% the cost of items from a retail dealer located outside Louisiana.

Louisiana Revised Statutes, §39:1595.3. For services to organize or administer rodeos and livestock shows, where state-owned facilities are used to house or contain such activities, preference is given to Louisiana vendors if services equal in quality and do not exceed the cost by more than 10% the cost of services available from outside Louisiana.

Louisiana Revised Statutes, §38:2251.1. Milk and dairy produced or processed in Louisiana must be purchased when equal in quality and the cost does not exceed by more than 10% the cost of milk from outside Louisiana.

Louisiana Revised Statutes, §38:2251.2 and §39:1595.6. Steel rolled in Louisiana must be purchase when equal in quality, the cost does not exceed by more than 10% the cost of steel rolled outside Louisiana, and sufficient quantities of steel rolled in Louisiana are available.

Louisiana Administrative Code, Title 34, §529. In state contracts awarded by competitive sealed bidding, preference is given to resident businesses in a tie bid if there is no sacrifice or loss of quality. A resident business is one that is authorized to do and is doing business under the laws of Louisiana that either maintains its principal place of business in Louisiana or employs at least two employees who are Louisiana residents.

Louisiana Executive Order No. BJ 2010-16 (August 27, 2010). Louisiana businesses should be utilized to the greatest extent possible when soliciting prices in the procurement of small purchases.

LOUISIANA RECIPROCAL PREFERENCE

Louisiana Revised Statutes, §38:2225. Louisiana-domiciled contractors bidding on public work in Louisiana must be granted the same preference over contractors domiciled in other states that the other states grant over Louisiana-domiciled contractors.

Louisiana Revised Statutes, §39:1595.1. Except for contracts for the construction, maintenance, or repair of highways and streets and contracts financed in whole or in part by federal contributions or loans, Louisiana vendors are given preference over out-of-state vendors in the same manner that the other states grant preference over Louisiana vendors.

Louisiana Revised Statutes, §39:1595.2. Except as to contracts financed in whole or in part by federal contributions or loans, in contracts for public work, Louisiana-domiciled contractors must be granted the same preference over contractors domiciled in other states in the same manner, on the same basis, and to the same extent to which the other states grant preference over Louisiana-domiciled contractors.

Louisiana Revised Statutes, §39:1595.5. Louisiana-domiciled retailers must be granted the same preference over retailers domiciled in other states in the same manner, on the same basis, and to the same extent to which the other states grant preference over Louisiana-domiciled retailers.

Louisiana Revised Statutes, §48:255.6. Regarding projects of Department of Transportation and Development, Louisiana resident contractors must be granted the same preference over contractors domiciled in other states that the other states grant over Louisiana resident contractors.

MAINE

MAINE RESIDENT BIDDER PREFERENCE

Maine Revised Statutes, Title 26, §1301. Preference is given to workmen and bidders who are residents of Maine for contracts for constructing, altering, repairing, furnishing or equipping buildings or public works if the bids are equally favorable with bids submitted by non-resident contractors.

Maine Revised Statutes, Title 5, §1825-B. Tie bids are awarded to Maine bidders or to bidders offering commodities produced or manufactured in Maine if price, quality, availability, and other factors are equal.

MAINE RECIPROCAL PREFERENCE

Maine Revised Statutes, Title 5, §1825-B. In determining the best-value bidder, a percent increase is added to the bid of a nonresident bidder equal to the percent of preference given to that bidder in its resident state.

MARYLAND

MARYLAND RESIDENT BIDDER PREFERENCE

Maryland State Finance and Procurement Code, §14-407. State schools and facilities shall give a purchasing price preference of not more than 5.0% to bidders providing food grown in Maryland which is consistent with bid specifications.

MARYLAND RECIPROCAL PREFERENCE

Maryland State Finance and Procurement Code, §14-401; Maryland State Procurement Regulations, Title 21, §21.05.01.04. Preferences are permitted for resident bidders under certain circumstances, including submission of low bid or proposal by nonresident bidder from a state that applies preferences to resident bidders.

MASSACHUSETTS

MASSACHUSETTS RESIDENT BIDDER PREFERENCE

Massachusetts General Laws, Part I, Title II, Chapter 7, §22 - Preference is given in tie bids for supplies and materials manufactured and sold within Massachusetts. An additional preference may be applied for supplies and materials manufactured and sold in cities and towns of Massachusetts that are designated as depressed areas.

Massachusetts General Laws, Part I, Title II, Chapter 7 §23B -- In the purchase of agricultural products including, but not limited to, fruits, vegetables, eggs, dairy products, meats, crops, horticultural products, or products processed into value added products as part of a Massachusetts farm operation, preference is given to the purchase of products grown in Massachusetts or products produced using products grown in Massachusetts as well as fish, seafood, and other aquatic products. Unless the price exceeds by more than 10% the price of products of agriculture grown or produced using products grown outside Massachusetts, state purchasing agents must purchase the products of agriculture grown or produced using products grown in Massachusetts.

Massachusetts Executive Order No. 523, (June 29, 2010). Executive Order No. 523 establishes the Small Business Purchasing Program that is administered by the Massachusetts Operational Services Division. Contracts from $10,000 to $150,000, unless otherwise excepted, must be awarded to registered small business bidders participating in Massachusetts Small Business Purchasing Program if best value criteria is met to be eligible, a business entity must be one that has its principal place of business in Massachusetts, has been in business for at least one year, employs a combined total of 50 or fewer full time equivalents in all locations, and has gross revenues of $15 million or less based on a three-year average.

MICHIGAN

MICHIGAN RESIDENT BIDDER PREFERENCE

Michigan Compiled Laws, §45.85. Other things being equal, supplies offered by bidders with established local business in the county have preference in contracting for the maintenance and operation of each county office, department, and institution.

Michigan Compiled Laws, §18.1261. All other things being equal, in all purchases made by the Department of Management and Budget, preference is given to products manufactured or services offered by Michigan-based firms or by facilities with respect to which the operator is designated as a clean corporate citizen (the definition of which incorporates, pursuant to §324.1401, being "situated in Michigan").

Michigan Compiled Laws, §24.61. For all printing paid for in whole or in part with state funds, except that which is printed for primary school districts, counties, townships, cities, villages, or legal publications ordered for or by elective state officers, all other things being equal, preference shall be given for printing offered by Michigan-based firms or by facilities with respect to which the operator is designated as a clean corporate citizen under Part 14 of the Natural Resources and Environmental Protection Act.

MICHIGAN RECIPROCAL PREFERENCE

Michigan Compiled Laws, §18.1268. If the low bid for a state procurement exceeds $100,000 and is from a business located in Michigan that applies for a preference, preference is given to the Michigan business in the same manner as would be applied in the state of the out-of-state bidder.

MINNESOTA

MINNESOTA RESIDENT BIDDER PREFERENCE

Minnesota Statutes, §16C.06. The reciprocal preference and the preferences pursuant to §16C.0725 (Recycled Materials) and §16C.16 (Small Businesses) are not cumulative.

Minnesota Statutes, §16C.16. For specified goods or services, the commissioner of administration may award up to a 6.0% preference to targeted group small businesses and veteran-owned small businesses, and may award up to 6.0% to small businesses located in economically disadvantaged areas. The definition of "small business" is limited to a business with its principal place of business in Minnesota.

Minnesota Statutes, §16B.16C.073. Whenever practicable, public entities shall purchase paper which has been made on a paper machine located in Minnesota.

Minnesota Statutes, §84.025. All all-terrain vehicles purchased by the commissioner of natural resources must be manufactured in Minnesota.

Minnesota Administrative Rules, 1230.0900. Preference is given to a Minnesota firm whenever a tie involves a Minnesota firm and one whose place of business is out of state.

Minnesota Administrative Rules, 1230.1810. For commodities and services, certified target group small businesses are awarded up to a 6.0% preference.

Minnesota Administrative Rules, 1230.1830. For commodities and services, economically disadvantaged small businesses are awarded up to 6% preference.

MINNESOTA RECIPROCAL PREFERENCE

Minnesota Statutes, §16C.06. A resident vendor is allowed a preference over a nonresident vendor equal to the preference given or required by the state of the nonresident vendor.

MISSISSIPPI

MISSISSIPPI RESIDENT BIDDER PREFERENCE

Mississippi Code, §31-3-21. Preference is given in public contracts to resident contractors (includes nonresident persons, firms, or corporations and their subsidiaries and affiliates that have been qualified to do business in Mississippi and have maintained a permanent full-time office in Mississippi for two years prior to submission of the bid).

Mississippi Code, §31-5-17. Every public officer, contractor, superintendent, or agent in construction of state or public buildings or any public works must employ only workmen and laborers who have resided in Mississippi for two years preceding such employment.

Mississippi Code, §31-5-19. Any out-of-state person(s), firm, or corporation that obtains a contract for public buildings or public works must comply with the provisions of §31-5-17 upon undertaking the contract or work. Notice and waiver procedure included where resident labor unavailable.

Mississippi Code, §31-5-23. In public works, only materials grown, produced, prepared, made, and/or manufactured in Mississippi should be used. Preference is not given to such materials when other materials of like quality produced out-of-state may be purchased at less cost or when materials of better quality produced out-of-state may be purchased at a reasonable cost.

Mississippi Code, §31-7-15. When two or more competitive bids are received, one or more of which relates to commodities grown, processed or manufactured in Mississippi, and price, quality, and service are equal, the commodities grown, processed or manufactured in Mississippi are given preference. Additionally, where both price and quality are the same, regardless of where the product is manufactured, a foreign manufacturing company with a factory in Mississippi and more than 50 employees working in Mississippi has preference over any other foreign company. Preference shall be given to commodities made from recovered materials where offered at a competitive price not greater than 10% above the lowest and best bidder. Where economically feasible, each agency is required to purchase products manufactured or sold by the Mississippi Industries for the Blind.

Mississippi Code, §31-7-18. Local governing authorities are given authorization to accept the lowest bid received from a motor vehicle dealer domiciled within county of the governing authority for motor vehicles with a gross weight rating less than 26,000 pounds and a price not greater than 3.0% over the price or cost the dealer pays the manufacturer. If a county does not have an authorized motor vehicle dealer, the governing authority may so accept such bids from motor vehicle dealers in an adjoining county.

Mississippi Code, §31-7-47. In public contracts, preference is given to resident contractors.

Mississippi Code, §19-13-111. Where bids equal in all respects between resident and nonresident bidders, county boards of supervisors shall give preference to citizens of Mississippi.

MISSISSIPPI RECIPROCAL PREFERENCE

Mississippi Code Ann., §73-13-45. In awarding public works contracts for professional engineering services, preference is given to resident professional engineers over nonresident professional engineers domiciled in a state with laws granting preference to in-state bidders only on the same basis as the nonresident bidder's state awards contracts to Mississippi professional engineers. Resident professional engineers domiciled in Mississippi are given preference over nonresidents in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident professional engineer. In this section, "resident professional engineer" includes nonresident persons, firms, or corporations and their subsidiaries and affiliates that have been qualified to do business in Mississippi and have maintained a permanent full-time office in Mississippi for two years prior to submitting a proposal.

Mississippi Code, §31-3-21. In public contracts, nonresident bidders domiciled in a state with laws giving preference to local contractors are awarded Mississippi public contracts only on the same basis as the nonresident bidder's state awards contracts to Mississippi contractors. Resident contractors domiciled in Mississippi are given preference over nonresidents in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident contractor.

Mississippi Code, §31-7-47. In public contracts, nonresident bidders domiciled in a state, city, county, parish, province, nation, or political subdivision with laws giving preference to local contractors are awarded Mississippi public contracts only on the same basis as the nonresident bidder's state, city, county, parish, province, nation, or political subdivision awards contracts to Mississippi contractors. Resident contractors domiciled in Mississippi are given preference over nonresidents in the same manner and to the same extent as provided by the laws of the state, city, county, parish, province, nation, or political subdivision of domicile of the nonresident contractor.

MISSOURI

MISSOURI RESIDENT BIDDER PREFERENCE

Missouri Revised Statutes, §34.070. Preference must be given to commodities and tangible personal property manufactured, mined, produced, processed, or grown in Missouri and to all firms, corporations, or individuals doing business as Missouri firms, corporations or individuals, when quality is equal or better and delivered price is the same or less. Such preference may also be given when competing bids, in their entirety, are comparable.

Missouri Revised Statutes, §34.073. In letting contracts for the performance of any job or service, preference must be given to all firms, corporations, or individuals doing business as Missouri firms, corporations or individuals, or that maintain Missouri offices or places of business when quality is equal to or better and price quoted is the same or less. Such preference may also be given when competing bids, in their entirety, are comparable. The commissioner of administration must give further preference pursuant to §34.076.

Missouri Revised Statutes, §34.074. In letting contracts for the performance of any job or service, all state agencies and political subdivisions shall give a three-point bonus preference to service-disabled veteran businesses doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business.

Missouri Revised Statutes, §34.080. Institutions in Missouri supported in whole or part by public funds (excluding municipal corporations, political subdivisions, or public schools) that are required to purchase coal for fuel must purchase and use coal mined in Missouri or an adjoining state if the cost is not greater than the cost of coal mined elsewhere, including the cost of transportation.

Missouri Revised Statutes, §50.780. Preference may be given to merchants and dealers within the county may be given by county commissioners, provided the price is not above that offered elsewhere.

Missouri Code of State Regulations, Title 6, §250-3.020. In the construction and repair of buildings and the making of purchases, preference is given by the Board of Curators of the University of Missouri to firms, corporations, or individuals doing business as Missouri firms, corporations, or individuals. Preference is also given by the Board to any commodities, products, materials, supplies, provisions, and other articles produced, manufactured, mined or grown in Missouri and to services when of suitable quality, with a requirement that quality and fitness or articles always be considered in determining the right to the preference; however, if not found in marketable quantities in Missouri, preference need not be given to Missouri products, materials, supplies, provisions, commodities, and other articles. Preference is also given by the Board to products of the mines, forests, and quarries of Missouri, and all materials, commodities, products, supplies, provisions, and other articles produced, manufactured, mined, or grown in Missouri when they can be secured without additional cost over foreign products or the products of other states. Corporations not incorporated under the laws of Missouri, firms whose members are not residents of Missouri, and individuals who are not residents of Missouri who have and maintain a regular place of business in Missouri for the transaction of their business are deemed as doing business as Missouri firms, corporations, or individuals in consideration of bids for the University of Missouri.

MISSOURI RECIPROCAL PREFERENCE

Missouri Revised Statutes, §34.076. In letting for bid any contract to a contractor for any public works or product, a contractor or bidder domiciled outside Missouri is required, to be successful, to bid the same percent less than the lowest bid submitted by a contractor or bidder domiciled in Missouri as would be required for the Missouri-domiciled contractor or bidder to succeed over the contractor or bidder domiciled outside Missouri in that contractor's or bidder's state.

MONTANA

MONTANA RECIPROCAL PREFERENCE

Montana Code, §18-1-102. In the purchase of goods and for construction, repair, and public works of all kinds a public agency must allow a preference to a resident bidder against the bid of a nonresident bidder that enforces a preference for resident bidders.

NEBRASKA

NEBRASKA RESIDENT BIDDER PREFERENCE

Nebraska Revised Statutes, §82-323. The Nebraska Arts Council shall give preference to regional artists in selection and commissioning of artists.

Nebraska Revised Statutes, §73-107. If all other factors are equal, a Nebraska resident disabled veteran or a business located in a designated enterprise zone shall be allowed a preference over any other resident or nonresident bidder.

9 Nebraska Administrative Code, §4-003. Nebraska vendors are given preference in tie bids.

NEBRASKA RECIPROCAL PREFERENCE

Nebraska Revised Statutes, §73-101.01. Unless the preference would result in federal funds being withheld, when awarding a public contract to the lowest responsible bidder, a resident bidder is given a preference over a nonresident bidder from a state that provides a resident bidder preference. The preference must be equal to that of the nonresident's state. A "resident bidder" is any person, partnership, domestic or foreign limited liability company, association or domestic or foreign corporation authorized to do business in Nebraska and that has met the residency requirement of the nonresident bidder's state required to receive that state's preference or has a bona fide establishment for doing business in Nebraska for the length of time necessary in the nonresident bidder's state to receive that state's preference.

9 Nebraska Administrative Code, §4-003. A resident bidder is allowed a preference against a nonresident bidder equal to the preference given or required by the nonresident bidder's state. A "resident bidder" is any person, partnership, domestic or foreign limited liability company, association or domestic or foreign corporation authorized to do business in Nebraska and that has met the residency requirement of the nonresident bidder's state required to receive that state's preference or has a bona fide establishment for doing business in Nebraska for the length of time necessary in the nonresident bidder's state to receive that state's preference.

NEVADA

NEVADA RESIDENT BIDDER PREFERENCE

Nevada Revised Statutes, §333.300. If two or more lowest bids are identical, and lowest bids are by bidders resident outside of Nevada, preference is given to bidders providing goods produced or manufactured in Nevada or supplied by a Nevada resident dealer.

Nevada Revised Statutes, §333.3366. When awarding a contract under §333.300(2) (for materials, supplies, and equipment with an estimated cost exceeding $50,000), if a local business owned by a veteran with a service-connected disability submits a bid or proposal and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5% lower than the bid or proposal actually submitted.

NEW HAMPSHIRE

NEW HAMPSHIRE RESIDENT BIDDER PREFERENCE

New Hampshire Statutes 21-I:11-b. In the case of tie bids, if one of the tied bidders is a New Hampshire business and the other(s) are from another state, the award will be made to the in-state bidder.

NEW JERSEY

NEW JERSEY RECIPROCAL PREFERENCE

New Jersey Statutes, §52:32-1.4; New Jersey Administrative, §17:12-2.13. A bidder with its principal place of business located in a state other than New Jersey that has laws, rules, or regulations causing disadvantage to nonresident bidders for public contracts for like goods, services, or both shall have like conditions applied to it in bidding for public contracts in New Jersey. These provisions may be waived if determined by the State Treasurer to be in the best interest of New Jersey.

NEW MEXICO

NEW MEXICO RESIDENT BIDDER PREFERENCE

New Mexico Statutes, §13-1-21. When making a purchase using a formal bid process (competitive sealed bid process), public bodies should deem a bid submitted by a New Mexico: (1) resident business to be 5.0% lower than the bid actually submitted; (2) resident veteran business with annual gross revenues of up to three million dollars in the preceding tax year to be 10% lower than the bid actually submitted. When a public body makes a purchase using a formal bid process and the bids are received for both recycled content goods and non-recycled content goods, the public body shall deem: (1) bids submitted for recycled content goods from any business, except a resident veteran business, to be 5.0% lower than the bids actually submitted; (2) bids submitted for recycled content goods from a resident veteran business with annual gross revenues of up to three million dollars in the preceding tax year to be 10% lower than the bids actually submitted. When a public body makes a purchase using a formal request for proposals process (competitive sealed proposal process), not including contracts awarded on a point-based system, the public body shall award an additional: (1) 5.0% of the total weight of all the factors used in evaluating the proposals to a resident business; (2) 10% of the total weight of all the factors used in evaluating the proposals to a resident veteran business that has annual gross revenues of up to three million dollars in the preceding tax year. When a public body makes a purchase using a formal request for proposals process, and the contract is awarded based on a point-based system, the public body shall award an additional percentage of the equivalent as follows: (1) 5.0% of the total possible points to a resident business; (2) 10% of the total possible points to a resident veteran business that has annual gross revenues of up to three million dollars in the preceding tax year. When a joint bid or joint proposal is submitted by a combination of resident veteran, resident or nonresident businesses, these preferences shall be calculated in proportion to the percentage of the contract, based on the dollar amount of the goods or services provided under the contract, that will be performed by each business as specified in the joint bid or proposal. A resident veteran business or owner of a resident veteran business shall not benefit from the preference for more than ten consecutive years. A person shall not benefit from the provisions of this section based on more than one business concurrently. A business shall not be awarded both a resident business preference and a resident veteran business preference.

New Mexico Statutes, §13-1-120. For each proposed state public works project, local public works project or construction management contract, the architect, engineer, landscape architect, construction management and surveyor selection committee, state highway and transportation department selection committee or local selection committee, as appropriate, must consider the following criteria, among others: the amount of design work that will be produced by a New Mexico business within this state and proximity to or familiarity with the area in which the project is located.

New Mexico Statutes, §13-4-1. All contracts for construction of public works or for repair, reconstruction, including highway reconstruction, demolition or alteration thereof, must be awarded to resident contractor whenever practicable.

New Mexico Statutes, §13-4-2. For the purpose of awarding a public works contract using a formal bid process, a public body shall deem a bid submitted by a: (1) resident contractor to be 5.0% lower than the bid actually submitted; (2) resident veteran contractor with annual gross revenues of up to three million dollars in the preceding tax year to be 10% lower than the bid actually submitted. When a public body awards a contract using a formal request for proposals process, not including contracts awarded on a point-based system, the public body shall award an additional: (1) 5.0% of the total weight of all the factors used in evaluating the proposals to a resident contractor; (2) 10% of the total weight of all the factors used in evaluating the proposals to a resident veteran contractor that has annual gross revenues of three million dollars in the preceding tax year. When a public body makes a purchase using a formal request for proposals process, and the contract is awarded based on a point-based system, the public body shall award an additional percentage of the equivalent as follows: (1) 5.0% of the total possible points to a resident contractor; (2) 10% of the total possible points to a resident veteran contractor that has annual gross revenues of up to three million dollars in the preceding tax year. When a joint bid or joint proposal is submitted by a combination of resident veteran, resident or nonresident contractors, these preferences shall be calculated in proportion to the percentage of the contract, based on the dollar amount of the goods or services provided under the contract, that will be performed by each contractor as specified in the joint bid or joint proposal. A resident veteran business or owner of a resident veteran business shall not benefit from the preference for more than ten consecutive years. A person shall not benefit from the provisions of this section based on more than one business concurrently. A contractor shall not be awarded both a resident contractor preference and a resident veteran contractor preference.

New Mexico Statutes, §63-9F-6. In the invitation for proposals or bids from telecommunications companies to design and implement a telecommunications relay system that enables impaired individuals to communicate with unimpaired individuals, New Mexico residency is given a weight of 5.0% of the total weight of all evaluation factors and any business that qualifies as a resident business shall receive a 5.0% preference.

New Mexico Administrative Code, §1.4.1.25. All statutory preferences to resident businesses, resident veteran businesses, resident contractors, and resident veteran contractors must be applied in regard to invitations for bids and requests for proposals in accordance with statute in determining the lowest bidder or offeror.

New Mexico Administrative Code, §1.4.2.8. When bids are received only from nonresident businesses and resident businesses or from nonresident businesses and resident manufacturers and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident business or, as applicable, resident manufacturer whose bid is nearest the bid price of the low nonresident business bidder if the bid price of the resident bidder or manufacturer is made lower than the nonresident's bid when multiplied by a factor of 0.95. When bids are received from nonresident businesses, resident businesses, and resident manufacturers and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident manufacturer, or to the resident business if no resident manufacturer is eligible for award, whose bid is nearest the bid price of the low nonresident business bidder if the bid price of the resident manufacturer is made lower than the nonresident's bid when multiplied by a factor of 0.95.

New Mexico Administrative Code, §1.4.3.8. In public works construction procurements, when bids are received only from nonresident contractors and resident contractors and the lowest responsible bid is from a nonresident contractor, the contract shall be awarded to the resident contractor whose bid is nearest the bid price of the low nonresident contractor if the bid price of the resident contractor is made lower than the nonresident's bid when multiplied by a factor of 0.95. The resident contractor preference is the only bidding preference that applies to public works construction contracts.

NEW YORK

NEW YORK RESIDENT BIDDER PREFERENCE

New York State Finance Law, §165. When letting contracts for purchase of food, solicitations may require provisions that mandate that all or some of the required food products are grown, produced or harvested in New York, or that any processing of such food products take place in facilities located within New York state based upon a list issued by the Commissioner of Agriculture and Markets identifying food products that are beneficial and available in sufficient quantities for competitive purchasing.

NEW YORK RECIPROCAL PREFERENCE

New York State Finance Law, §165. The Commissioner of Economic Development shall develop list of "discriminatory jurisdictions" that have employ preferences or price distorting mechanisms or otherwise discriminate against New York state businesses in the procurement of commodities and services. Neither the Commissioner of Economic Development nor any New York State agencies shall enter into contracts with any foreign business enterprise, except business enterprises that are New York state business enterprise, whose principal place of business is on the list of "discriminatory jurisdictions." "New York state business enterprise" is defined as a business enterprise that offers for sale, lease, or other form of exchange commodities that are substantially manufactured, produced, or assembled in New York, or services, other than construction services, which are substantially performed within New York. For purposes of construction services, a "New York state business enterprise" is defined as a business enterprise that has its principal place of business in New York. A "foreign business enterprise" is defined as a business enterprise that offers for sale, lease, or other form of exchange commodities that are substantially produced outside New York, or services, other than construction services, which are substantially performed outside New York. For purposes of construction services, a "foreign business enterprise" is defined as a business enterprise that has its principal place of business outside New York.

New York Public Authorities Law, §2879. Public authorities and public benefit corporations, a majority of the members of which consist of persons either appointed by the governor or who serve as members by virtue of holding a civil office of the state, or a combination thereof, shall not enter into contracts with any foreign business enterprise whose principal place of business is on the list of "discriminatory jurisdictions" created pursuant to New York State Finance Law, §165. "New York state business enterprise" is defined as a business enterprise that offers for sale, lease, or other form of exchange commodities that are substantially manufactured, produced, or assembled in New York, or services, other than construction services, which are substantially performed within New York. For purposes of construction services, a "New York state business enterprise" is defined as a business enterprise that has its principal place of business in New York. A "foreign business enterprise" is defined as a business enterprise that offers for sale, lease, or other form of exchange commodities that are substantially produced outside New York, or services, other than construction services, which are substantially performed outside New York. For purposes of construction services, a "foreign business enterprise" is defined as a business enterprise that has its principal place of business outside New York.

NORTH CAROLINA

NORTH CAROLINA RESIDENT BIDDER PREFERENCE

North Carolina General Statutes, §143-59. Preference is given as far as practicable to products or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina, provided there is no sacrifice or loss in price or quality and provided further, that preference in all cases shall be given to surplus products or articles produced and manufactured by other State departments, institutions, or agencies which are available for distribution.

North Carolina Governor's Executive Order No. 50 (February 17, 2010). On contracts for purchases of goods, the Secretary of Administration is directed to develop a "price matching" protocol for North Carolina resident bidders whose price is within 5.0% or $10,000 of the lowest bid (whichever is less).

NORTH CAROLINA RECIPROCAL PREFERENCE

North Carolina General Statutes, §143-59. For purposes only of determining the low bidder on contracts for equipment, materials, supplies, and services valued over $25,000, a percent increase is added to a bid of a nonresident bidder equal to the percent increase, if any, that the nonresident bidder's state adds to bids from bidders that do not reside in that state.

North Carolina General Statutes, §143-64.31. Resident firms providing architectural, engineering, surveying, or construction management at-risk services, design build services, or public-private partnership construction services are granted a preference over nonresident firms, in the same manner, on the same basis, and to the extent that a preference is granted in awarding contracts for these services by the other state to its resident firms over firms resident in North Carolina. "Resident firm" is defined as one that has paid unemployment taxes or income taxes in North Carolina and whose principal place of business is located in North Carolina.

NORTH DAKOTA

NORTH DAKOTA RESIDENT BIDDER PREFERENCE

North Dakota Century Code, §48-05-02.1. When purchasing coal for heating purposes, state agencies, political subdivisions, and public schools shall give preference to bidders supplying coal mined in North Dakota if it will provide the same British thermal units of heating value for an equivalent or lower total bid price than coal mined elsewhere and delivered.

North Dakota Century Code, §46-02-15. Where practicable, all state, county, and other political subdivision public printing, binding, and blank book manufacturing, blanks, and other printed stationery must be awarded to a resident North Dakota bidder (one who, pursuant to North Dakota Century Code, §44-08-02, has maintained a bona fide place of business in North Dakota for at least one year prior to the date of the contract award).

Senate Concurrent Resolution No. 4018. All publicly supported entities that purchase food are urged to support North Dakota producers and processors by purchasing food products grown or produced and processed in North Dakota.

NORTH DAKOTA RECIPROCAL PREFERENCE

North Dakota Century Code, §44-08-01. In purchasing goods, merchandise, supplies, or equipment of any kind, or contracting to build or repair any building, structure, road, or other real property, the office of management and budget, any other state entity, and the governing body of any political subdivision shall give preference to bidders, sellers, or contractors resident in North Dakota equal to the preference given or required by the state of a nonresident bidder, seller, or contractor. When accepting bids for the provision of professional services, including research and consulting services, a state entity shall give preference to North Dakota bidders equal to the preference given or required by the state of a nonresident bidder. After applying any reciprocal preference, if a tie occurs between two or more bidders with equal bid prices or offerors with identical evaluation scores, preference must first be given to bids submitted by North Dakota vendors.

North Dakota Administrative Code, §4-12-11-02. Preference given to North Dakota bidders must be equal to the preference given or required by a nonresident bidder's state in accordance with North Dakota Century Code, §44-08-01.

OHIO

OHIO RESIDENT BIDDER PREFERENCE

Ohio Revised Code, §125.56. All printing is to be executed in accordance with Ohio Revised Code, §125.11 except for printing contracts requiring special, security paper of a unique nature unless it will result in an excessive price (exceeds the lowest price submitted by a non-Ohio bidder by more than 5.0%) or acquiring a disproportionately inferior product. Ohio Revised Code, §125.11 provides for awarding a contract to the lowest responsive and responsible bid from among the bids that offer products that have been produced or mined in Ohio where sufficient competition can be generated in Ohio to ensure compliance does not result in an excessive price for a product or acquiring a disproportionately inferior product.

Ohio Administrative Code, §123:5-1-11. Preference is to be given to Ohio bids for products produced or mined in Ohio or a border state. Where preliminary analysis identifies the apparent low bid as one other than an Ohio bid or a border state bid, 5.0% is applied to the price if the apparent low bid is one other than an Ohio bid or border state bid offering a domestic source end product. If the apparent low bidder offers a foreign product, apply 6.0% to the price.

Ohio Administrative Code, §123:5-1-06. Any bid response that is not for a domestic source end product may be removed except where it is determined that compliance would result in an excessive price or acquiring an inferior product. After such determination, bids are evaluated such that preference is given to Ohio bids for products produced and mined in Ohio or a border state. Where preliminary analysis identifies the apparent low bid as one other than an Ohio bid or border state bid offering a domestic source end product, 5.0% is applied to the price. If the apparent low bidder offers a foreign product, apply 6.0% to the price. If selection of the lowest Ohio bid will not result in an excessive price or a disproportionately inferior product or service, contract award should be to the lowest responsible and responsive Ohio bid at the bid price quoted. Ohio bidders are identified as offering Ohio products or having a significant economic presence (the latter requiring payment of Ohio taxes, registration and license to do business in Ohio, and ten or more employees based in Ohio or 75% or more of employees based in Ohio). Border state bidders are identified as those located in Kentucky, Michigan, Pennsylvania, Indiana, and New York.

Ohio Department of Administrative Services, General Services Division, Domestic & In-State Preferences, PUR-003 (revised December 1, 2007). For mined products if sufficient competition exists, the following preference instructions are listed in the following order: award to lowest responsive and responsible bidder offering Ohio mined product; award to lowest responsive and responsible border state bidder offering same border state mined product (except Indiana); when lowest responsive and responsible Ohio bidder offering non-Ohio mined product, after application of 5.0% preference, award to lowest responsive and responsible Ohio/border state bidder offering Ohio/border state mined product if within 5.0% range; when lowest responsive and responsible border state bidder offering non-border state mined product, after application of 5.0% preference, award to lowest responsive and responsible Ohio/border state bidder offering Ohio/border state mined product if within 5.0% range; and, when lowest responsive and responsible non-Ohio/border state bidder offering non-Ohio/border state mined product, after application of 5.0% preference, award to lowest responsive and responsible Ohio/border state bidder offering Ohio/border state mined product if within 5.0% range. For products if sufficient competition exists, the following preference instructions are listed in the following order: award to any lowest responsive and responsible bidder offering Ohio product; award to lowest responsive and responsible bidder with significant Ohio economic presence offering domestic/Canada/Mexico product; award to lowest responsive and responsible border state bidder offering domestic/Canada/Mexico product; when lowest responsive and responsible non-Ohio/non-border state bidder offering domestic/Canada/Mexico product, after application of 5.0% preference, award to lowest responsive and responsible Ohio/border state bidder if within 5.0% range; when lowest responsive and responsible bidder offering foreign product, after application of 6.0% preference, award to foreign product if greater than 6.0% less costly than lowest responsive and responsible bidder offering Ohio/domestic/Canada/Mexico product.

OHIO RECIPROCAL PREFERENCE

Ohio Revised Code, §153.012. Regarding any contract for the construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration of a public improvement, including any highway improvement, made by the state or in whole or in part supported by the state, except for a contract for products produced or mined in Ohio or for a contract financed in whole or in part by contributions or loans from any agency of the United States government, preference is given to contractors with their principal place of business in Ohio over contractors with their principal place of business in a state which provides a preference in favor of contractors of that state for the same type of work. Where a preference is provided by another state for contractors of that state, contractors having their principal place of business in Ohio are to be granted in Ohio the same preference over them in the same manner and on the same basis and to the same extent as the preference is granted in letting contracts for the same type of work by the other state. If one party to a joint venture is a contractor having its principal place of business in Ohio, the joint venture shall be considered as having its principal place of business in Ohio.

OKLAHOMA

OKLAHOMA RESIDENT BIDDER PREFERENCE

Oklahoma Statutes, Title 19, §788. When quality and prices equal, preference is given in contracts for county hospital construction work, alteration, additions, and repairs to materials produced in Oklahoma and to construction contractors domiciled, having and maintaining offices in and being citizen taxpayers of Oklahoma.

Oklahoma Statutes, Title 61, §9. In construction or repair of state institutions pursuant to Section 31 of Article X of the State Constitution, contracts must contain a provision requiring employment of Oklahoma labor and use of Oklahoma materials if available and if the quality meets the standards available from outside Oklahoma and can be procured at no greater expense than the same quality of labor or material from outside Oklahoma.

Oklahoma Statutes, Title 61, §10. In the construction or repair of institutions pursuant to Section 33 of Article X of the State Constitution, contracts must contain a provision requiring employment of Oklahoma labor and use of Oklahoma materials if available and if the quality meets the standards available from outside Oklahoma and can be procured at no greater expense than the same quality of labor or material from outside Oklahoma.

Oklahoma Statutes, Title 74, §85.44D. The State Purchasing Division of the Office of Management and Enterprise Services shall give preference to suppliers of wood products made from or products manufactured utilizing materials from trees harvested in Oklahoma if the price for the products and materials is not substantially higher than the price for other wood products and materials and the quality and grade requirements are otherwise comparable.

Oklahoma Statutes, Title 74, §85.44E. In awarding contracts for the performance of any job or service, a three-point bonus preference shall be given to service disabled veteran businesses doing business as Oklahoma firms, corporations or individuals, or which maintain Oklahoma offices or places of business.

OKLAHOMA RECIPROCAL PREFERENCE

Oklahoma Statutes, Title 61, §14. To be successful, contractors domiciled outside Oklahoma are required to submit a bid the same percent less than the lowest bid submitted by a responsible contractor domiciled in Oklahoma as would be required for such Oklahoma domiciled contractor to succeed over the nonresident bidder in the nonresident bidder's state.

Oklahoma Statutes, Title 74, §85.17A. State agencies shall reciprocate the bidding preference given by other states for acquisitions pursuant to The Oklahoma Central Purchasing Act.

OREGON

OREGON RESIDENT BIDDER PREFERENCE

Oregon Revised Statutes, §279A.120. In awarding a public contract, preference is given to goods or services manufactured or produced in Oregon if price, fitness, availability, and quality are equal.

Oregon Revised Statutes, §279A.128. A contracting agency that uses public funds to procure goods or services for public use under Oregon Revised Statutes Chapter 279B (Public Contracting -- Public Procurements) may give preference to procuring goods that are fabricated or processed, or services that are performed, entirely within Oregon if they cost not more than 10% more than other goods or services. If more than one bidder qualifies for the preference, further preference may be given to a bidder that resides in or is headquartered in Oregon.

Oregon Administrative Rules, §137-046-0300. Identical offers for goods or services, or both, and personal services under Oregon Revised Statutes, §279A.120 are awarded to those manufactured, produced, or to be performed in Oregon. Under Oregon Revised Statutes, §279A.128, a percentage of not more than 10% for goods fabricated or processed entirely in Oregon or services or personal services performed entirely in Oregon and, if more than one offeror so qualifies, an additional preference may be given to a qualifying offeror that resides in or is headquartered in Oregon.

Oregon Administrative Rules, §731-005-0660. With regard to projects for highway and bridge projects, if no federal funds are involved, preference is given to bidders whose principal offices or headquarters are located in Oregon.

OREGON RECIPROCAL PREFERENCE

Oregon Revised Statutes, §279A.120. In awarding a public contract, a contracting agency must add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the nonresident bidder in the state in which that bidder resides.

Oregon Administrative Rules, §137-049-0390. In determining the lowest responsive bid, the contracting agency must, in accordance with Oregon Administrative Rules, §137-046-0310 (applying reciprocal preference of Oregon Revised Statutes, §279A.120), add a percentage increase to a nonresident bidder's bid equal to the percentage, if any, of the preference given to the nonresident bidder in the nonresident bidder's resident state.

Oregon Administrative Rules, §125-246-0310. A percentage increase is added to the offer of a nonresident bidder equal to the percentage, if any, of the preference that would be given to the nonresident bidder in the nonresident bidder's resident state.

Oregon Administrative Rules, §731-005-0650. In contracts for highway and bridge projects, a percentage increase is added to the offer of a nonresident bidder equal to the percentage, if any, of the preference that would be given to the nonresident bidder in the nonresident bidder's resident state.

PENNSYLVANIA

PENNSYLVANIA RESIDENT BIDDER PREFERENCE

Pennsylvania Statutes, Title 71, §650. Any heating system or heating unit installed in a facility owned by the state must be fueled by coal produced from mines in Pennsylvania unless the Secretary of General services exempts the heating system from the act based upon enumerated exemptions.

PENNSYLVANIA RECIPROCAL PREFERENCE

Pennsylvania Consolidated Statues, Tile 62, §107. Preference is given in procurement of supplies to bidders offering supplies produced, manufactured, mined, grown, or performed in Pennsylvania as against bidders offering supplies produced, manufactured, mined, grown, or performed in another state that gives or requires a preference to such in-state supplies. The amount of the preference is equal to the amount of the preference applied by the other state. When a contract for construction or supplies is to be awarded, preference is given to resident bidders against nonresident bidders from states that give or require preferences to resident bidders. The amount of the preference is equal to the amount of the preference applied by the other state. This section applies to the procurement of supplies in excess of $10,000.

RHODE ISLAND

RHODE ISLAND RESIDENT BIDDER PREFERENCE

Rhode Island General Laws, §37-2-8. When available, foodstuffs grown or produced in Rhode Island by Rhode Island farmers are to be purchased at prevailing market prices when any of those foodstuffs are required by state institutions.

Rhode Island General Laws, §37-2-59.1 For contracts entirely supported by state funds, all other things being equal, preference is given to Rhode Island architectural, engineering, and consulting firms or secondly those professionals who propose a joint venture with a Rhode Island firm.

Rhode Island General Laws, §37-2-80. Where contracts are entirely supported by state funds and two or more bidders respond and are equal on all other factors, the chief purchasing officer shall select a vendor or service provider whose headquarters or primary place of business is in Rhode Island first and those who propose a joint venture with such an in-state business second.

SOUTH CAROLINA

SOUTH CAROLINA RESIDENT BIDDER PREFERENCE

South Carolina Code, §11-35-3215. When qualifications are equal, South Carolina resident design service (architect-engineer, construction management, or land surveying service) provider must be selected if a resident and nonresident firm are otherwise equally qualified. This section does not apply to a procurement if either the procurement does not involve construction or the design services are a minor accompaniment to a contract for nondesign services.

South Carolina Code, §11-35-1524 (B) - (C). The price of any offer for a product made, manufactured, or grown in South Carolina is decreased by 7.0%. The price of a bidder's price is decreased by 7.0% if the bidder maintains an office in South Carolina and either (i) maintains at a location in South Carolina at the time of the bid an inventory of expendable items which are representative of the general type of commodities on which the award will be made and which have a minimum total value, based on the bid price, equal to the lesser of fifty thousand dollars or the annual amount of the contract; (ii) is a manufacturer headquartered and having an annual payroll of at least one million dollars in South Carolina and the end product is made or processed from raw materials into a finished end product by that manufacturer or its affiliate (as defined in Section 1563 of the Internal Revenue Code); or (iii) at the time of bidding, directly employs or has a documented commitment with individuals domiciled in South Carolina that will perform services expressly required by the solicitation and the total direct labor cost to bidder for those individuals to provide those services exceeds 50% of the bidder's total bid price. Whether award is to be made by item or lot, the preferences must be applied to the price of each line item of end product or work, as applicable. These provisions do not apply to a single unit of an item with a price in excess of fifty thousand dollars or a single award with a total potential value in excess of five hundred thousand dollars. This section does not apply to competitive sealed proposals, motor vehicle purchases, acquisition of supplies or services relating to construction, procurements valued at $10,000 or less.

South Carolina Code, §11-35-1524 (D). A bidder's price is decreased by 2.0% if the bidder has a documented commitment from a single, proposed first-tier subcontractor to perform some portion of the services expressly required by the solicitation; and at the time of the bidding, the subcontractor directly employs or has a documented commitment with individuals domiciled in South Carolina that will perform services expressly required by the solicitation and the total direct labor cost to the subcontractor for those individuals to provide those services exceeds 20% of bidder's total bid price. A bidder's price is decreased by 4.0% if the bidder has a documented commitment from a single proposed first-tier subcontractor to perform some portion of the services expressly required by the solicitation; and at the time of the bidding, the subcontractor directly employs or has a documented commitment with individuals domiciled in South Carolina that will perform services expressly required by the solicitation and the total direct labor cost to the subcontractor for those individuals to provide those services exceeds 40% of bidder's total bid price. Whether award is to be made by item or lot, the preferences must be applied to the price of each line item of work. The preferences do not apply to a bid for an item of work by the bidder if the annual price of the bidder's work exceeds fifty thousand dollars or the total potential price of the bidder's work exceeds five hundred thousand dollars. Subject to other limits in this section, an offeror may benefit from applying for more than one of, or from multiple applications of, the preferences above. The sum of all preferences allowed by items in this section when applied to the price of a line item of work, may not exceed 6.0% unless the bidder maintains an office in this State. Under no circumstances may the cumulative preferences applied to the price of a line item exceed 10%. This section does not apply to competitive sealed proposals, motor vehicle purchases, acquisition of supplies or services relating to construction, procurements valued at $10,000 or less.

SOUTH DAKOTA

SOUTH DAKOTA RESIDENT BIDDER PREFERENCE

South Dakota Codified Laws, §5-18A-25. If all things are equal, preference is given to a resident business if the low bid was submitted by a nonresident business, to a resident manufacturer if the low bid was submitted by a nonresident manufacturer, to a resident business whose principal place of business is in South Dakota if the low bid was submitted by a resident business whose principal place of business is not in South Dakota, and to a nonresident business providing or utilizing supplies or services found in South Dakota if the low bid was submitted by a nonresident business not providing or utilizing supplies or services found in South Dakota. In computing price, the cost of transportation, if any, including delivery, is considered.

SOUTH DAKOTA RECRIPROCAL PREFERENCE

South Dakota Codified Laws 5-18A-1 26. A resident bidder shall be allowed a preference on a contract against the bid or a bidder from any other state or foreign province that enforces or has a preference for resident bidders. The preference given to the resident bidder shall be equal to the preference in the other state or foreign province.

TENNESSEE

TENNESSEE RESIDENT BIDDER PREFERENCE

Tennessee Code, §12-3-1108. Preference is given in state purchasing of meat or meat by-products to meat producers located within Tennessee as long as terms, conditions, and quality are equal.

Tennessee Code, §12-3-1109. Preference is given in school purchasing of meat or meat by-products to meat producers located within Tennessee as long as terms, conditions and quality are equal.

Tennessee Code, §12-3-1113. Preference is given to goods, including agricultural goods, produced or grown in Tennessee or offered by Tennessee respondents. Goods produced in Tennessee are given equal preference if cost and quality are equal and, if cost and quality are equal, agricultural products grown in Tennessee are given first preference and agricultural products offered by Tennessee respondents are given second preference. Preference is given to Tennessee vegetation when making purchases for landscaping purposes, when cost and quality are equal. Preference is given to services offered by a Tennessee respondent if the services meet state requirements and expected quality and the cost does not exceed the cost of other similar services of similar quality that are not offered by a Tennessee respondent.

Tennessee Code, §12-3-1110. Preference is given in public purchasing to coal mined in Tennessee if such coal is available at a delivered price which is equal to or less than coal mined outside Tennessee.

Tennessee Code, §12-3-1111. Preference is given in public purchasing to natural gas produced from wells located in Tennessee if such gas is available at a price which is equal to or less than gas produced from wells outside Tennessee, with transportation costs taken into account.

TENNESSEE RECRIPROCAL PREFERENCE

Tenn. Code Ann. §12-4-802. Whenever the lowest responsible and responsive bidder on a public construction project in this state is a resident of another state which is contiguous to Tennessee and which allows a preference to a resident contractor of that state, a like reciprocal preference is allowed to the lowest responsible and responsive bidder on such project who is either a resident of this state or is a resident of another state which does not allow for a preference to a resident contractor of that state.

UTAH

UTAH RESIDENT BIDDER PREFERENCE

Utah Administrative Code, R33-6-111. In the event of tie bids, contracts are awarded to procurement items offered by Utah resident bidders.

UTAH RECIPROCAL PREFERENCE

Utah Code, §63G-6a-1002. A reciprocal preference is given to bidders offering items produced, manufactured, mined, grown, or performed in Utah over those bidders offering such items from any state that gives or requires a preference to such items from that state. The amount of the preference is equal to the amount of the preference applied by the other state for the procured item. If the bidder submitting the lowest bid offers items that are produced, manufactured, mined, grown, or performed in a state that gives or requires a preference, and if another bidder has submitted a responsive and responsible bid offering procurement items that are produced, manufactured, mined, grown, or performed in Utah, and with the benefit of the reciprocal preference, the bid of the other bidder is equal to or less than the original lowest bid, the issuing procurement unit shall: give notice to the bidder offering procurement items that are produced, manufactured, mined, grown, or performed in Utah that the bidder qualifies as a preferred bidder; and make the purchase from the preferred bidder if the bidder agrees, in writing, to meet the low bid within 72 hours after notification that the bidder is a preferred bidder.

Utah Code Ann., §63G-6a-1003. When awarding contracts for construction, a resident contractor is granted a reciprocal preference over a nonresident contractor from a state that gives or requires a preference to contractors from that state. The amount of the preference is equal to the amount of the preference applied by the other state. If the contractor submitting the lowest bid is not a resident contractor whose principal place of business is in a state that gives or requires a preference to contractors from that state, and if a resident contractor has also submitted a responsive and responsible bid, and, with the benefit of the reciprocal preference, the resident contractor's bid is equal to or less than the original lowest bid, the issuing procurement unit shall give notice to the resident contractor that the resident contractor qualifies as a preferred resident contractor; and issue the contract to the resident contractor if the resident contractor agrees, in writing, to meet the low bid within 72 hours after notification that the resident contractor is a preferred resident contractor. If there is more than one preferred resident contractor, the issuing procurement unit shall award the contract to the willing preferred resident contractor who was the lowest preferred resident contractor originally.

VERMONT

VERMONT RESIDENT BIDDER PREFERENCE

Administrative Bulletin No. 3.5. All other considerations being equal, preference will be given first to resident bidders of the state and/or to products raised or manufactured in the state.

Vermont Statutes, Title 29, §46. In acquisitions and commissions for art in public buildings, priority shall be given to Vermont artists.

VIRGINIA

VIRGINIA RESIDENT BIDDER PREFERENCE

Virginia Code, §2.2-4324. In the case of a tie bid, preference is given to goods produced in Virginia and goods or services or construction provided by Virginia persons, firms or corporations. A Virginia person, firm, or corporation is a resident of Virginia if organized pursuant to Virginia law or maintains a principal place of business within Virginia.

Virginia Code, §2.2-4325. In determining the award of any contract for coal to be purchased for use in state facilities with state funds, award shall be to the lowest responsive and responsible bidder offering coal mined in Virginia so long as the bid price is not more than 4.0% greater than the low responsive and responsible bidder offering coal mined elsewhere.

Virginia Code, §2.2-4328. The governing body of a county, city or town may, in the case of a tie bid, give preference to goods, services and construction produced locally or provided by persons, firms, or corporations with a principal place of business in the locality.

VIRGINIA RECIPROCAL PREFERENCE

Virginia Code, §2.2-4324. When the lowest responsive and responsible bidder is a resident of a state other than Virginia that allows a resident contractor a percentage preference, a like preference shall be allowed to the lowest responsive and responsible bidder that is a resident of Virginia and is the next lowest bidder. When the lowest responsive and responsible bidder is a resident of a state other than Virginia that allows a resident contractor a price-matching preference, a like preference shall be allowed to responsive and responsible bidders that are residents of Virginia. If the lowest bidder is a resident contractor from a state with an absolute preference, the bid will not be considered. A Virginia person, firm, or corporation is a resident of Virginia if organized pursuant to Virginia law or maintains a principal place of business within Virginia.

WASHINGTON

WASHINGTON RESIDENT BIDDER PREFERENCE

Washington Revised Code, §43.19.748. All printing, binding, and stationery work done for any state agency, county, city, town, port district, or school district in Washington shall be done within Washington, except the officers of any such public corporation may have the work done outside Washington if: such work cannot be executed in Washington, the lowest charge for which such work can be procured exceeds the charge usually and customarily made to private individuals and corporations for work of similar character and quality, or all bids for the work or any part thereof are excessive and not reasonably competitive.

WASHINGTON RECIPROCAL PREFERENCE

Washington Revised Code, §39.26.260. When appropriate, Washington is to exercise reciprocity with states having in-state preferences.

Washington Administrative Code, §200-300-075. Considering only the business address from which a bid was submitted, when evaluating bids for award, purchasing agencies are to add the appropriate percentage increase to each bid bearing the address from a state with an in-state preference rather than subtracting a like amount from Washington bidders.

WEST VIRGINIA

WEST VIRGINIA RESIDENT BIDDER PREFERENCE

West Virginia Code, §5A-3-37. For purchase of commodities or printing made on competitive bids, a successful bid shall be determined and accepted as follows: (1) from an individual resident vendor who has resided in West Virginia continuously for the four years immediately preceding the date on which the bid is submitted or from a partnership, association, corporation resident vendor, or from a corporation nonresident vendor which has an affiliate or subsidiary which employs a minimum of one hundred West Virginia residents and which has maintained its headquarters or principal place of business within West Virginia continuously for four years immediately preceding the date on which the bid is submitted, if the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 2.5% of the latter bid (for purposes of this subdivision, any partnership, association or corporation resident vendor of West Virginia which does not meet the requirements of this subdivision solely because of the continuous four-year residence requirement shall be considered to meet the requirement if at least 80% of the ownership interest of the resident vendor is held by another individual, partnership, association or corporation resident vendor who otherwise meets the requirements of this subdivision, including the continuous four-year residency requirement); or (2) from a resident vendor, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least 75% of the vendor's employees are residents of West Virginia who have resided in West Virginia continuously for the two immediately preceding years, and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 2.5% of the latter bid; or (3) from a nonresident vendor, which employs a minimum of one hundred West Virginia residents or a nonresident vendor which has an affiliate or subsidiary which maintains its headquarters or principal place of business within West Virginia and which employs a minimum of one hundred West Virginia residents, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least 75% of the vendor's employees or the vendor's affiliate's or subsidiary's employees are residents of West Virginia who have resided in West Virginia continuously for the two immediately preceding years and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 2.5% of the latter bid; or (4) from a vendor who meets either the requirements of both subdivisions (1) and (2) of this subsection or subdivisions (1) and (3) of this subsection, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than 5.0% of the latter bid; or (5) from an individual resident vendor who is a veteran of the United States Armed Forces, the Reserves or the National Guard and has resided in West Virginia continuously for the four years immediately preceding the date on which the bid is submitted, if the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 3.5% of the latter bid; or (6) from a resident vendor who is a veteran of the United States Armed Forces, the Reserves or the National Guard, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least 75% of the vendor's employees are residents of West Virginia who have resided in West Virginia continuously for the two immediately preceding years and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 3.5% of the latter bid; or (7) notwithstanding any provisions of subdivisions (1), (2), (3), (4), (5) or (6) of this subsection to the contrary, if any nonresident vendor that is bidding on the purchase of commodities or printing by the director or by a state department is also certified as a small, women or minority-owned business pursuant to section fifty-nine [§5A-3-59] of this article, the nonresident vendor shall be provided the same preference made available to any resident vendor under the provisions of this subsection.

WISCONSIN

WISCONSIN RESIDENT BIDDER PREFERENCE

Wisconsin Administrative Code AB, §4.05. Preference is given to Wisconsin artists in the purchase of commission of original works of visual art for buildings constructed by the state when no other basis exists for differentiating finalists.

Wisconsin Administrative Code ADM, §8.03. In the case of tie bids, an award shall be made to Wisconsin suppliers in preference to out-of-state suppliers as provided in Wisconsin Statutes, §16.75.

WISCONSIN RECIPROCAL PREFERENCE

Wisconsin Statutes, §16.75. If a vendor is not a Wisconsin producer, distributor, supplier or retailer and the department determines that the state, foreign nation or subdivision thereof in which the vendor is domiciled grants a preference to vendors domiciled in that state, nation or subdivision in making governmental purchases, the department and any agency making purchases under shall give a preference over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any, when awarding the order or contract. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subdivision.

Wisconsin Statutes, §16.855. The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $50,000, except for construction work otherwise specified. If factors other than dollar amounts are required to be evaluated for a project, the department shall specify a formula that will convert the other factors into a dollar value for comparison. If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

WYOMING

WYOMING RESIDENT BIDDER PREFERENCE

Wyoming Statutes, §16-6-803. Preference is given to Wyoming artists in acquisition of art for placement within public buildings.

Wyoming Statutes, §16-6-301. When contracts are let for public printing, except for compilation, codification, revision, or digest of the statutes or case law of Wyoming, they shall be let to the responsible resident making the lowest bid if the bid is not more than 10% higher than that of the lowest responsible nonresident bidder. "Resident" means any person or business entity who has been a bona fide resident of Wyoming as defined in Wyoming Statutes, §16-6-101(a)(i) for one year or more immediately prior to bidding and who has an established printing plant in actual operation in Wyoming immediately prior to bidding.

Wyoming Statutes, §16-6-102. If a contract is let for construction, major maintenance, or renovation of any public building or other public structure or for making any addition thereto or for any public work or improvements, the contract shall be let, if advertisement for bids is required, to the responsible certified resident making the lowest bid if it is not more than 5.0% higher than that of the lowest responsible nonresident bidder.

Wyoming Statutes, §16-6-104. Wyoming made materials and products, and Wyoming suppliers of products and materials of equal quality and desirability have preference over materials or products produced or supplied outside Wyoming. The preference shall be applied in the same manner as the preference in Wyoming Statutes, §16-6-102.

Wyoming Statutes, §16-6-105. As long as quality is equal, Preference by a differential not to exceed 5.0% shall be given in all purchases for supplies, material, agricultural products, equipment, machinery and provisions to be used in the construction, major maintenance and renovation of institutions, supplies, materials, agricultural products, equipment, machinery and provisions produced, manufactured, or grown in Wyoming, and supplies, materials, agricultural products, equipment, machinery, and provisions supplied by a resident of Wyoming, competent and capable to provide service for the supplies, materials, agricultural products, equipment, machinery, and provisions within the state of Wyoming.

TRD-201800801

Don Neal

Chief Counsel for Operations and Support

Comptroller of Public Accounts

Filed: February 26, 2018


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, 303.008, 303.009, 304.003, and 346.101, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/05/18 - 03/11/18 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/05/18 - 03/11/18 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.0053 for the period of 02/01/18 - 02/28/18 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 02/01/18 - 02/28/18 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 04/01/18 - 06/30/18 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 04/01/18 - 06/30/18 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by §303.0091 for the period of 04/01/18 - 06/30/18 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The lender credit card quarterly rate as prescribed by §346.1011 for the period of 04/01/18 - 06/30/18 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.0094 for the period of 04/01/18 - 06/30/18 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.009 for the period of 04/01/18 - 06/30/18 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by §303.0091 for the period of 04/01/18 - 06/30/18 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 03/01/18 - 03/31/18 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed §304.003 for the period of 03/01/18 - 03/31/18 is 5.00% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

4 Only for open-end credit as defined in §301.002(14), Texas Finance Code.

TRD-201800853

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 27, 2018


Texas Education Agency

Public Notice Announcing the Availability of the Proposed Texas Individuals with Disabilities Education Improvement Act of 2004 Eligibility Document: State Policies and Procedures

Purpose and Scope of the Part B Federal Fiscal Year (FFY) 2018 State Application and its Relation to Part B of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA Part B). The Texas Education Agency (TEA) is inviting public comment on its Proposed State Application under IDEA Part B. The annual grant application provides assurances that the state's policies and procedures in effect are consistent with the federal requirements to ensure that a free appropriate public education is made available to all children with a disability from 3 to 21 years of age, including children who have been suspended or expelled from school. 34 Code of Federal Regulations, §300.165, requires that states conduct public hearings, ensure adequate notice of those hearings, and provide an opportunity for public comment, including comment from individuals with disabilities and parents of children with disabilities, before adopting policies and procedures.

Availability of the State Application. The Proposed State Application is available on the TEA website at http://tea.texas.gov/Academics/Special_Student_Populations/Special_Education/Programs_and_Services/Annual_State_Application_under_IDEA_Part_B_and_IDEA_Eligibility_Documentation/. Instructions for submitting public comments are available from the same site. The Proposed State Application will also be available at the 20 regional education service centers and at the TEA Library (Ground Floor, Room G-102), William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed State Application at the William B. Travis location should contact the TEA Division of Special Education at (512) 463-9414.

Procedures for Submitting Written Comments. The TEA will accept written comments pertaining to the Proposed State Application by mail to the TEA, Division of Special Education, 1701 North Congress Avenue, Austin, Texas 78701-1494 or by email to spedrule@tea.texas.gov.

Timetable for Submitting the State Application. After review and consideration of all public comments, the TEA will make necessary or appropriate modifications and will submit the State Application to the U.S. Department of Education on or before May 18, 2018.

For more information, contact the TEA Division of Special Education by mail at 1701 North Congress Avenue, Austin, Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463-9560; or by email at spedrule@tea.texas.gov.

TRD-201800861

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: February 28, 2018


Texas Board of Professional Engineers

Engineering Advisory Opinion Request 43

Request:

The Texas Board of Professional Engineers (Board) received a request from John Turner, P.E. asking the following question:

Are licensed real estate inspectors following the Texas Real Estate Commission (TREC) Standards of Practice (SOPs) performing the work of Professional Engineers when "rendering an opinion as to the performance of the foundation"?

Background:

Foundation inspection and/or analysis is required for a variety of purposes. Analyzing the cause of a condition, recommendations for repair, or providing any other expert engineering opinion associated with a foundation would be considered the practice of engineering per the Texas Engineering Practice Act §1001.003(c)(1) and could warrant disciplinary action from the Texas Board of Professional Engineers if conducted by an individual unlicensed as a Professional Engineer (PE).

Texas Real Estate Commission (TREC) Rule 22 TAC §535.227 specifies the Standards of Practice for licensed TREC Inspectors. §535.227(a)(1)(C) states that a real estate inspection is "(A) a limited visual survey and basic performance evaluation of the systems and components of a building using normal controls that provides information regarding the general condition of a residence at the time of inspection"; and "(B) is not intended to be a comprehensive investigation or exploratory probe to determine the cause or effect of deficiencies noted by the inspector." It is important to note that "deficiency" noted by a TREC inspector on his or her Property Inspection Report is intended to only be an indicator of visible conditions or symptoms observed by an inspector that may warrant further evaluation by another qualified service professional.

A TREC licensed inspector is required to render an opinion on the performance of a foundation based on visible conditions or symptoms as noted in TREC rule §535.228(a)(1)(A); however, per the TREC Standards of Practice, a TREC licensed inspector is not required to analyze or determine the cause of a potential failure or recommend any required corrective action.

The TREC Standards of Practice, §535.227(d) annotates "General limitations" and specifies that the inspector is not required to determine:

• "the cause or source of a condition" (d)(3)(D); and

• "the cause or effect of deficiencies" (d)(3)(E);

And is not required to "recommend or provide engineering, architecture, appraisal, mitigation, physical surveying, realty, or other specialty services." (d)(7).

In addition, TREC licensed inspectors are not permitted to provide an engineering opinion on a foundation unless they also hold a PE license.

Analysis and Conclusion:

Analyzing the cause of a condition, recommendations for repair, or providing any other expert engineering opinion associated with a foundation, including the foundations systems and components, would be considered the practice of engineering per the Act §1001.003(c)(1) and could warrant disciplinary action from the Texas Board of Professional Engineers if conducted by an individual unlicensed as a Professional Engineer (PE). We conclude that a TREC licensed inspector who conducts a visual real estate inspection in conformance with the TREC Standards of Practice does not engage in the practice of engineering.

TRD-201800789

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers

Filed: February 26, 2018


Texas Commission on Environmental Quality

Agreed Orders

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. TWC, §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. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 9, 2018. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 9, 2018. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: 3 STARS AVALON REAL ESTATE HOLDING GP, INCORPORATED dba Avalon Mart; DOCKET NUMBER: 2017-1369-PST-E; IDENTIFIER: RN101886497; LOCATION: Humble, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $6,750; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: AAZ LLC dba Fair Ave Shell; DOCKET NUMBER: 2017-1579-PST-E; IDENTIFIER: RN102258993; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; and 30 TAC §334.602(b)(3)(B) and §334.605(a), by failing to ensure a Class C Operator was trained in both general and facility-specific emergency response procedures and, failing to ensure that a certified Class A and B Operator was retrained within three years of their last training date; PENALTY: $6,552; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: AMARILLO MHC, LLC; DOCKET NUMBER: 2017-1508-PWS-E; IDENTIFIER: RN101439917; LOCATION: Amarillo, Randall County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED); 30 TAC §290.117(c)(2)(B) and (C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data; and 30 TAC §290.272 and §290.274(a) and (c), by failing to meet the adequacy, availability, and/or content requirements for the CCR; PENALTY: $1,766; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(4) COMPANY: Bernardo Espinoza; DOCKET NUMBER: 2017-1332-MLM-E; IDENTIFIER: RN106170103; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: dimension stone quarry; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System Multi-Sector General Permit Number TXR05AG72, Part III, Section D.1.c, by failing to retain rain gauge records; 30 TAC §213.4(a)(1) and (j)(3) and Edwards Aquifer Protection Plan Number 11-11060703, Standard Conditions Number 6, by failing to obtain approval of a modification to an approved Water Pollution Abatement Plan prior to initiating a regulated activity over the Edwards Aquifer Recharge Zone; and 30 TAC §324.6 and 40 Code of Federal Regulations §279.22(c)(1), by failing to label or clearly mark all containers containing used oil with the words "Used Oil"; PENALTY: $4,663; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(5) COMPANY: Cavender Investment Properties F, Limited; DOCKET NUMBER: 2017-1686-EAQ-E; IDENTIFIER: RN109935437; LOCATION: Round Rock, Williamson County; TYPE OF FACILITY: retail store; RULE VIOLATED: 30 TAC §213.4(j)(3), by failing to obtain approval of a modification to an approved Water Pollution Abatement Plan prior to initiating a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $938; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(6) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2017-1328-AIR-E; IDENTIFIER: RN103919817; LOCATION: Baytown, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§116.115(b)(2), 116.116(a)(1), and 122.143(4), Texas Health and Safety Code (THSC), §382.085(b), Federal Operating Permit (FOP) Number O2114, Special Terms and Conditions (STC) Number 18, and New Source Review (NSR) Permit Number 37063, General Conditions Number 1, by failing to comply with the representations with regard to construction plans and operation procedures in an application for a permit; and 30 TAC §§116.115(b)(2)(F) and (c), 117.310(c)(1), and 122.143(4), THSC, §382.085(b), FOP Number O2115, STC Numbers 1.A and 16, and NSR Permit Number 2462C, Special Conditions Number 1, by failing to comply with the permitted emissions rates and concentration limit; PENALTY: $150,000; Supplemental Environmental Project offset amount of $60,000; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: Cinco Electronics Recycling, Incorporated; DOCKET NUMBER: 2017-1175-MLM-E; IDENTIFIER: RN109811257; LOCATION: Grand Prairie, Tarrant County; TYPE OF FACILITY: recycling business; RULES VIOLATED: 30 TAC §335.6(h), by failing to submit a written notice to the TCEQ which includes the type(s) of industrial solid waste or municipal hazardous waste to be recycled, the method of storage prior to recycling, and the nature of the recycling activity 90 days prior to engaging in such activities; 30 TAC §328.5(b), by failing to submit a Notice of Intent prior to the commencement of recycling activities; and 30 TAC §328.5(f)(2), by failing to maintain all records necessary to demonstrate compliance with the requirements of reasonable efforts to maintain source-separation of materials received at the facility; PENALTY: $12,189; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: City of Camp Wood; DOCKET NUMBER: 2017-0504-PWS-E; IDENTIFIER: RN101428381; LOCATION: Camp Wood, Real County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to timely report lead and copper tap samples; 30 TAC §290.117(i)(1) and §290.122(c)(2)(A) and (f), by failing to timely report lead and copper tap sample results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to timely report lead and copper tap sample results; 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a Surface Water Monthly Operating Report to the ED; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous water service to new construction, on any existing service when the water purveyor has reason to believe cross connections or other potential contamination hazards exist, or after any material improvement, correction, or addition to the private water distribution facilities; 30 TAC §290.46(s)(2)(B)(ii), by failing to check secondary standards each time a series of samples is tested for the calibration of the benchtop turbidimeter; 30 TAC §290.46(s)(2)(B)(i) and TCEQ Agreed Order Docket Number 2014-1549-PWS-E, Ordering Provision Number 2.a.iii, by failing to calibrate the facility's benchtop turbidimeter with primary standards at least once every 90 days; and 30 TAC §290.46(e)(6)(A) and TCEQ Agreed Order Docket Number 2014-1549-PWS-E, Ordering Provision Number 2.c, by failing to use a Class C or higher licensed individual at a surface water system serving no more than 1,000 connections to operate the water system while a part-time operator with a Class B or higher license is absent from the plant; PENALTY: $2,130; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(9) COMPANY: City of Rhome; DOCKET NUMBER: 2017-1632-PWS-E; IDENTIFIER: RN101406874; LOCATION: Rhome, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 15 picocuries per liter for gross alpha particle activity, based on the running annual average; PENALTY: $205; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: City of Wilmer; DOCKET NUMBER: 2017-0493-MLM-E; IDENTIFIER: RN101414332; LOCATION: Wilmer, Dallas County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; 30 TAC §290.45(f)(1) and (4) and Texas Health and Safety Code, §341.0315(c), by failing to provide a water purchase contract that authorizes a maximum daily purchase rate, or a uniform purchase rate in the absence of a specified daily purchase rate of at least 0.6 gallon per minute per connection; and 30 TAC §288.20(a) and §288.30(5)(B) and TWC, §11.1272(c), by failing to adopt a Drought Contingency Plan which includes all elements for municipal use by a retail public water supplier; PENALTY: $1,887; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: DALLAM-HARTLEY COUNTIES HOSPITAL DISTRICT dba Coon Memorial Hospital; DOCKET NUMBER: 2017-1595-PST-E; IDENTIFIER: RN101803542; LOCATION: Dalhart, Hartley County; TYPE OF FACILITY: emergency generator; RULES VIOLATED: 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 a delivery of regulated substance into the underground storage tank (UST); 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to 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; 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 a petroleum UST; 30 TAC §334.50(b)(1)(A) and (2)(B) and TWC, §26.3475(b) and (c)(1), by failing to monitor the UST for releases at a frequency of at least once every month and failing to provide release detection for the suction piping associated with the UST system; and 30 TAC §334.10(b)(2), by failing to assure that all UST record keeping requirements are met; PENALTY: $17,700; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(12) COMPANY: Dan Hines; DOCKET NUMBER: 2018-0109-WQ-E; IDENTIFIER: RN110031135; LOCATION: Lubbock, Hood County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Construction General Permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Future Telecom, LLC; DOCKET NUMBER: 2017-1518-WQ-E; IDENTIFIER: RN109896282; LOCATION: Plano, Collin County; TYPE OF FACILITY: construction site; RULE VIOLATED: TWC, §26.121(a)(2), by failing to prevent the unauthorized discharge of other waste into or adjacent to any water in the state; PENALTY: $18,295; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Huntsman Petrochemical LLC; DOCKET NUMBER: 2017-1219-AIR-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: petrochemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Numbers O1320, O2288, and O3056, General Terms and Conditions and Special Terms and Conditions Numbers 14, 17, and 19, and New Source Review Permit Numbers 20160, 29516, and 59724, Special Conditions Number 1, by failing to prevent unauthorized emissions; PENALTY: $22,500; Supplemental Environmental Project offset amount of $9,000; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(15) COMPANY: ISP TECHNOLOGIES INCORPORATED; DOCKET NUMBER: 2017-1114-AIR-E; IDENTIFIER: RN100825272; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), Federal Operating Permit (FOP) Number O1592, Special Terms and Conditions (STC) Number 17, and New Source Review Permit Number 22079, Special Conditions Number 1, by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O1592, STC Number 2.F, and THSC, §382.085(b), by failing to submit the initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; PENALTY: $3,903; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Loadcraft Industries, Limited; DOCKET NUMBER: 2017-1093-IHW-E; IDENTIFIER: RN101620748; LOCATION: Brady, McCulloch County; TYPE OF FACILITY: oil rig manufacturing facility; RULES VIOLATED: 30 TAC §335.4, by failing to cause, suffer, allow, or permit the unauthorized disposal of industrial solid waste (ISW) at the facility; 30 TAC §335.9(a)(1) and §335.513(a), by failing to maintain records of all hazardous and ISW activities; 30 TAC §§335.62, 335.503(a), and 335.504 and 40 Code of Federal Regulations (CFR) §262.11, by failing to conduct hazardous waste determinations and waste classifications; 30 TAC §335.262(c)(2)(A), by failing to keep universal waste containers closed except when adding or removing waste; 30 TAC §335.262(c)(1) and 40 CFR §268.50(c) and §273.35(a), by failing to ship universal waste for disposal within one year of the date of accumulation; 30 TAC §335.6(c), by failing to update the facility's Notice of Registration; and 30 TAC §335.9(a)(2), by failing to submit a complete and accurate Annual Waste Summary; PENALTY: $8,200; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(17) COMPANY: Pak-Mex, Incorporated dba Shady Oaks Food and Feed; DOCKET NUMBER: 2017-1348-PST-E; IDENTIFIER: RN101433852; LOCATION: Center, Shelby County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,574; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(18) COMPANY: SB Fleet-Lube, LLC; DOCKET NUMBER: 2017-1277-PST-E; IDENTIFIER: RN107949521; LOCATION: Celina, Collin County; TYPE OF FACILITY: common carrier; RULES VIOLATED: 30 TAC §334.5(b)(1)(A) and TWC, §26.3467(d), by failing to deposit a regulated substance into a regulated underground storage tank system that was covered by a valid, current TCEQ delivery certificate; PENALTY: $4,606; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2017-0609-EAQ-E; IDENTIFIER: RN109458919; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: highway/street construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $27,000; Supplemental Environmental Project offset amount of $21,600; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: TIRE DISTRIBUTORS BLACK GOLD INCORPORATED; DOCKET NUMBER: 2017-0165-MSW-E; IDENTIFIER: RN109572016; LOCATION: Alamo, Hidalgo County; TYPE OF FACILITY: tire shop; RULES VIOLATED: 30 TAC §328.57(c)(2) and §328.58(b), by failing to maintain records using a manifest system approved by the executive director; 30 TAC §328.54(d), by failing to properly label a vehicle used to transport used or scrap tires or tire pieces; 30 TAC §§328.55, 328.56(d)(2), 328.59(a), 328.60(a) and 328.63(c) and Texas Health and Safety Code, §361.112(a), by failing to obtain a scrap tire registration for the facility prior to generating and processing scrap tires, and storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in enclosed or lockable containers; and 30 TAC §328.56(d)(4), by failing to monitor tires stored outside for vectors and utilize appropriate vector control measures at least once every two weeks; PENALTY: $25,000; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-201800848

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 27, 2018


Correction of Error - Notice of Rate Change to the Low-Level Radioactive Waste Maximum Disposal Rates and Opportunity for a Contested Case Hearing

The Texas Commission on Environmental Quality (TCEQ) published a notice titled "Notice of Rate Change to the Low-Level Radioactive Waste Maximum Disposal Rates and Opportunity for a Contested Case Hearing" in the February 23, 2018, issue of the Texas Register (43 TexReg 1170). Due to errors submitted by TCEQ in the graphic, the following notice and graphic has been corrected. The text should have read as follows:

In letters dated September 22, 2017 and February 6, 2018, Waste Control Specialists LLC (WCS) submitted requests to the Texas Commission on Environmental Quality (TCEQ or commission) to conduct an annual volume adjustment for the disposal rates found in 30 Texas Administrative Code §336.1310 for commercial low-level radioactive waste (LLRW) at the Compact Waste Disposal Facility (CWF) in Andrews County, Texas. The CWF is owned by the State of Texas and operated by WCS. The land disposal facility for LLRW disposal is located at 9998 State Highway 176 West in Andrews County, Texas. The following link to an electronic map of the facility's general location is provided as a public courtesy: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.4425&lng=-103.063055&zoom=13&type.

WCS' volume adjustment proposes to reduce the number and price of surcharges with the expectation that this would increase the volume of waste received for disposal. Other changes in the rate schedule being requested are: clarifying the source line is only for Class A sources; removing the biological line item; and reducing the surcharge amounts for curies, C14, Special Nuclear Material, weight, dose rate and cask handling. In a February 2018 supplemental request, WCS proposes an additional reduction and clarification to have a single Class A waste rate. This proposed volume adjustment will benefit compact generators and is based upon market conditions, historical performance and operations experience.

The requested changes to the Disposal Rates are reflected in Figure 1. Note that in the figure language underlined designates new language and language struck through designates language to be removed.

Changes to Disposal Rates (.pdf)

OPPORTUNITY FOR A CONTESTED CASE HEARING (CCH). A CCH is a legal proceeding similar to a civil trial in a state district court. The TCEQ may grant a CCH on this request if a written hearing request is timely submitted by the licensee or a party state compact generator. If the commission receives a timely hearing request from the licensee or a party state compact generator, a public hearing will be scheduled to determine if the rate adjustments requested by WCS are fair, just, and reasonable.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, mailing address, phone number, a clear and concise statement that you are requesting a CCH, and if you are a compact generator, provide the generator's licensing numbers indicating the location or locations where the compact waste is generated. Written comments may be submitted to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All requests should reference Non-Rule Project Number 2018-013-OTH-NR. Requests must be received by March 26, 2018, which is at least 30 days after this notice was published in the Texas Register. Generators must initiate a request for a CCH by filing individual requests rather than joint requests. Following the close of all applicable request periods, if the executive director (ED) receives a hearing request, the ED will directly refer the application to the State Office of Administrative Hearings (SOAH) for a CCH.

EXECUTIVE DIRECTOR ACTION. Unless a hearing request is received from the licensee or an eligible generator, no hearing will be held and the ED will issue final approval of the ED's recommended rates. Upon the commissioners' approval for rulemaking, the final approved rates will be established by rule as the maximum disposal rates for disposal of compact LLRW. If a timely hearing request is filed, the ED will not adopt the revised rates and will forward the matter to SOAH for a hearing.

AGENCY CONTACTS AND INFORMATION. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record. Further information may also be obtained from TCEQ's Radioactive Materials Division, MC-233, P.O. Box 13087, Austin, Texas 78711-3087 or by calling Mr. Bobby Janecka, Radioactive Materials Section Manager, at (512) 239-6415.

TRD-201800741


Enforcement Orders

An agreed order was adopted regarding MOTIVATION, EDUCATION & TRAINING, INC., Docket No. 2016-0465-PWS-E on February 27, 2018, assessing $714 in administrative penalties with $142 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding GTF Energy, LLC dba The Railhead, Docket No. 2016-0626-PWS-E on February 27, 2018, assessing $577 in administrative penalties with $115 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Melissa Lee Carpenter dba Chaplines Mobile Home Park and Lynn Morren dba Chaplines Mobile Home Park, Docket No. 2016-0818-PWS-E on February 27, 2018, assessing $615 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Claudine Cooksey and John S. Jones, Docket No. 2016-0961-MLM-E on February 27, 2018, assessing $6,300 in administrative penalties with $1,260 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding AMIN ENTERPRISES, INC. dba Handi Stop 117, Docket No. 2017-0046-PST-E on February 27, 2018, assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Sam Sbini and Lisa Sbini dba AMA Food Store, Docket No. 2017-0221-PST-E on February 27, 2018, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding The Dow Chemical Company, Docket No. 2017-0378-AIR-E on February 27, 2018, assessing $5,626 in administrative penalties with $1,125 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Ranglers Group Inc, Docket No. 2017-0481-PST-E on February 27, 2018, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Billy D. Barnett, Docket No. 2017-0707-WOC-E on February 27, 2018, assessing $1,096 in administrative penalties with $219 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Tioga, Docket No. 2017-0758-MWD-E on February 27, 2018, assessing $3,000 in administrative penalties with $600 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding BADESHA ENTERPRISE LLC dba Grand Central, Docket No. 2017-0816-PST-E on February 27, 2018, assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Johnson City, Docket No. 2017-0832-MWD-E on February 27, 2018, assessing $6,250 in administrative penalties with $1,250 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Swift Energy Operating, LLC, Docket No. 2017-0854-AIR-E on February 27, 2018, assessing $2,188 in administrative penalties with $437 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Aqua Texas, Inc., Docket No. 2017-0874-PWS-E on February 27, 2018, assessing $905 in administrative penalties with $181 deferred. Information concerning any aspect of this order may be obtained by contacting Toni Red, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Owens Corning Composite Materials, LLC, Docket No. 2017-0878-AIR-E on February 27, 2018, assessing $2,513 in administrative penalties with $502 deferred. Information concerning any aspect of this order may be obtained by contacting Robyn Babyak, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding JOEL DURAN HOMES INC, Docket No. 2017-0959-WQ-E on February 27, 2018, assessing $3,075 in administrative penalties with $615 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding SAWANI GROUP, INC. dba J&N Mini Mart 2, Docket No. 2017-1020-PST-E on February 27, 2018, assessing $2,563 in administrative penalties with $512 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ESHAL ILF, INC. dba Amigo Food Market, Docket No. 2017-1029-PST-E on February 27, 2018, assessing $3,973 in administrative penalties with $794 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Waste Corporation of Texas, L.P. dba Ralston Road Landfill, Docket No. 2017-1034-MSW-E on February 27, 2018, assessing $1,138 in administrative penalties with $227 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Homes by Wade, L.L.C., Docket No. 2017-1059-WQ-E on February 27, 2018, assessing $2,188 in administrative penalties with $437 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Western Dairy Transport, L.L.C., Docket No. 2017-1117-AIR-E on February 27, 2018, assessing $876 in administrative penalties with $175 deferred. Information concerning any aspect of this order may be obtained by contacting Shelby Orme, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding OIL MASTERS OF KILGORE, INC., Docket No. 2017-1178-PST-E on February 27, 2018, assessing $1,626 in administrative penalties with $325 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Old Alton Estates Home Owners Association, Docket No. 2017-1207-PWS-E on February 27, 2018, assessing $834 in administrative penalties with $166 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Rayburn Country Redevelopment, LLC, Docket No. 2017-1273-MSW-E on February 27, 2018, assessing $1,312 in administrative penalties with $262 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201800857

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 28, 2018


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

The Texas Commission on Environmental Quality (TCEQ, agency, 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. TWC, §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. TWC, §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 April 9, 2018. TWC, §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 April 9, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: CIRCLE "R" RANCHETTES RECREATION AND COMMUNITY CORPORATION; DOCKET NUMBER: 2016-2126-PWS-E; TCEQ ID NUMBER: RN101256063; LOCATION: the corner of Circle R Road North and Circle R Road East, Fort Worth, Tarrant County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §§290.46(f)(4), 290.107(e), and 290.122(c)(2)(A) and (f), by failing to provide the results of synthetic organic chemical Group 5 (SOC5) contaminants sampling to the executive director (ED) for the second quarter of 2015, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to report the results of SOC5 contaminants sampling for the second quarter of 2015; 30 TAC §290.110(e)(4)(A) and (f)(3) and §290.122(c)(2)(A) and (f), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the ED each quarter by the tenth day of the month following the end of the quarter for the second, third, and fourth quarters of 2015 and the first quarter of 2016, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit DLQORs for the third and fourth quarters of 2015; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data for the calendar years 2012 - 2014; and 30 TAC §290.117(i)(6) and (j), by failing to mail consumer notification of lead tap water monitoring results to persons served at the location that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the customer notification has been distributed to the persons served at the location in a manner consistent with TCEQ requirements for the January 1, 2011 - December 31, 2013 monitoring period; PENALTY: $585; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: HealthSouth Rehabilitation Hospital of Midland/Odessa, LLC; DOCKET NUMBER: 2016-0870-PST-E; TCEQ ID NUMBER: RN101880730; LOCATION: 1800 Heritage Boulevard, Midland, Midland County; TYPE OF FACILITY: underground storage tank (UST) system; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; and TWC, §26.3475(b) and 30 TAC §334.50(b)(2), by failing to provide release detection for the suction piping associated with the UST system; PENALTY: $6,887; STAFF ATTORNEY: Joey Washburn, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Midland Regional Office, 9900 West Interstate Highway 20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(3) COMPANY: Impact Waste, LLC; DOCKET NUMBER: 2017-1136-MSW-E; TCEQ ID NUMBER: RN109710715; LOCATION: 6315 North Twin City Highway, Beaumont, Jefferson County; TYPE OF FACILITY: solid waste transportation and transfer facility; RULE VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the collection, storage, transportation, processing, or disposal of municipal solid waste; PENALTY: $1,250; STAFF ATTORNEY: Joey Washburn, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: Jorge Varela-Mar dba Magnolias Transmission; DOCKET NUMBER: 2015-1852-PST-E; TCEQ ID NUMBER: RN101890291; LOCATION: 702 East Main Street, Nacogdoches, Nacogdoches County; TYPE OF FACILITY: underground storage tank (UST) system; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; 30 TAC §334.602(a) and §334.603(b), by failing to identify and designate for the UST facility, including unmanned facilities, at least one named individual for each class of operator-Class A, B, and C; and 30 TAC §334.10(b), by failing to maintain UST system records and make them immediately available for inspection upon request by agency personnel; PENALTY: $16,875; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: Lai Nguyen dba Heights Super Cleaners; DOCKET NUMBER: 2017-0864-DCL-E; TCEQ ID NUMBER: RN103970562; LOCATION: 740 East 20th Street, Suite A, Houston, Harris County; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: Texas Health and Safety Code, §374.102, 30 TAC §337.11(e), and TCEQ AO Docket Number 2014-0326-DCL-E, Ordering Provision Number 3.b.i., 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; 30 TAC §337.10(b) and TCEQ AO Docket Number 2014-0326-DCL-E, Ordering Provision Number 3.b.i., by failing to provide written notice to the executive director of changes made at the facility within 30 days from the date of the occurrence of the changes; 30 TAC §337.20(e)(6)(B) and §337.70(a), and TCEQ AO Docket Number 2014-0326-DCL-E, Ordering Provision Number 3.a., by failing to maintain dry cleaning and/or drop station facility records and make them immediately available for inspection upon request by agency personnel; and TWC, §5.702, 30 TAC §337.14(a), and TCEQ AO Docket Number 2014-0326-DCL-E, Ordering Provision Number 3.b.ii., by failing to pay outstanding dry cleaner fees for TCEQ Financial Account Number 24003728 for Fiscal Years 2009 - 2013; PENALTY: $3,492; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: MLC Argyle LLC; DOCKET NUMBER: 2016-0142-MLM-E; TCEQ ID NUMBER: RN108843624; LOCATION: 2126 Hamilton Drive, Argyle, Denton County; TYPE OF FACILITY: commercial property with an on-site sewage facility; RULES VIOLATED: TWC, §26.121(a) and 30 TAC §335.4, by causing, suffering, allowing, or permitting the unauthorized disposal of industrial waste or municipal waste into or adjacent to waters in the state; PENALTY: $2,500; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: RSHELEVENELEVEN, Inc. fdba Worlds of Wow Inc.; DOCKET NUMBER: 2016-0142-MLM-E; TCEQ ID NUMBER: RN108843624; LOCATION: 2126 Hamilton Drive, Argyle, Denton County; TYPE OF FACILITY: manufacturing, painting, and design operation; RULES VIOLATED: TWC, §26.121(a) and 30 TAC §335.4, by causing, suffering, allowing, or permitting the unauthorized disposal of industrial waste or municipal waste into or adjacent to waters in the state; PENALTY: $2,500; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Thomas E. Click and Amanda M. Click; DOCKET NUMBER: 2016-1345-MSW-E; TCEQ ID NUMBER: RN106303886; LOCATION: 3105 Houston Highway, Victoria, Victoria County; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §330.15(c) and TCEQ AO Docket Number 2013-0057-MSW-E, Ordering Provision Number 2.b., by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $169,448; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(9) COMPANY: United States Department of the Navy; DOCKET NUMBER: 2017-1171-IWD-E; TCEQ ID NUMBER: RN101131332; LOCATION: 8851 Ocean Drive, at the Corpus Christi Naval Air Station, on the south side of Corpus Christi Bay between Oso Bay and Laguna Madre, on the north end of the Encinal Peninsula, and east of the Corpus Christi, Nueces County; TYPE OF FACILITY: aircraft service and repair facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0002317000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; SERVICE CHARGES/ADMINISTRATIVE COSTS: $695.94; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-201800846

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 27, 2018


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

The Texas Commission on Environmental Quality (TCEQ, agency, 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 the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; 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 April 9, 2018. 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 April 9, 2018. 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, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: AL BARI INC dba AYESHA FOODS; DOCKET NUMBER: 2016-1880-PST-E; TCEQ ID NUMBER: 101758423; LOCATION: 714 East Pine Street, Edgewood, Van Zandt County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $8,750; STAFF ATTORNEY: Amanda Patel, Litigation Division, MC 175, (512) 239-3990; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: David Lee Brown; DOCKET NUMBER: 2017-0462-WQ-E; TCEQ ID NUMBER: 109165258; LOCATION: 7314 Hickory Hollow Drive, Lumberton, Hardin County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: 30 TAC §342.25(b), by failing to register the site as an APO no later than the tenth business day before the beginning date of regulated activities and 40 Code of Federal Regulations §122.26(c), TWC, §26.121, and 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge storm water associated with industrial activities at the site under Texas Pollutant Discharge Elimination System Multi-Sector General Permit Number TXR05000; PENALTY: $6,312; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Linda W. Ball; DOCKET NUMBER: 2016-1160-PWS-E; TCEQ ID NUMBER: 102708153; LOCATION: 618 West Archer Road near Baytown, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(4) and §290.106(e), by failing to report the results of the cyanide sampling to the executive director (ED); 30 TAC §§290.46(f)(4), 290.106(e), and 290.107(e), by failing to report the results of the metals and Group 5 synthetic organic chemical contaminants to the ED; 30 TAC §290.46(f)(4) and §290.106(e), by failing to report the results of the nitrate sampling to the ED; 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit the Disinfectant Level Quarterly Operating Report; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number 91013249; PENALTY: $948; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Martin Contreras and Otilia Contreras; DOCKET NUMBER: 2017-0753-PST-E; TCEQ ID NUMBER: 101905164; LOCATION: 501 South Main Street in Hale Center, Hale County; TYPE OF FACILITY: underground storage tank (UST) system; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,750; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

TRD-201800847

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 27, 2018


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, 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. In accordance with 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 April 9, 2018. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/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 S/DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed S/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 S/DO shall be sent to the attorney designated for the S/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 April 9, 2018. Written comments may also be sent by facsimile machine to the attorney at (512) 239 3434. The commission's attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: ALINA ENTERPRISES, INC. dba King Grocery; DOCKET NUMBER: 2017-0456-PST-E; TCEQ ID NUMBER: RN101434223; LOCATION: 8002 C. E. King Parkway, Houston, Harris County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a), by failing to provide corrosion protection for the UST system; TWC, §26.3475(d) and 30 TAC §334.49(c)(2)(C), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure the rectifier and other system components are operating properly; TWC, §26.3475(d) and 30 TAC §334.49(c)(4)(C), by failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; and 30 TAC §334.48(a) by failing to ensure the UST system is operated, maintained, and managed in a manner that will prevent releases of regulated substances and in accordance with accepted industry practices; PENALTY: $30,803; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Leemak LP dba Teravista Q Mart; DOCKET NUMBER: 2016-1464-PST-E; TCEQ ID NUMBER: RN105622799; LOCATION: 4410 Sunrise Road, Round Rock, Williamson County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $7,500; STAFF ATTORNEY: Amanda Patel, Litigation Division, MC 175, (512) 239-3990; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

TRD-201800845

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 27, 2018


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of 2901 S Walton Walker, LLC dba Quickmart

SOAH Docket No. 582-18-2411

TCEQ Docket No. 2016-1995-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - March 22, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed November 2, 2017, concerning assessing administrative penalties against and requiring certain actions of 2901 S Walton Walker, LLC dba Quickmart, for violations in Dallas County, Texas, of: Tex. Water Code §26.3475(a) and 30 Tex. Admin. Code §§334.10(b)(1)(B), 334.50(b)(2), 334.72, and 334.74(3).

The hearing will allow 2901 S Walton Walker, LLC dba Quickmart, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford 2901 S Walton Walker, LLC dba Quickmart, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of 2901 S Walton Walker, LLC dba Quickmart to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. 2901 S Walton Walker, LLC dba Quickmart, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054 and Tex. Water Code chs. 7 and 26 and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Ryan Rutledge, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: February 22, 2018

TRD-201800859

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 28, 2018


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Charles Trois dba the Trois Estate at Enchanted Rock and Rebecca Trois dba the Trois Estate at Enchanted Rock

SOAH Docket No. 582-18-2412

TCEQ Docket No. 2017-0361-PWS-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - March 22, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed October 6, 2017, concerning assessing administrative penalties against and requiring certain actions of Charles Trois dba The Trois Estate at Enchanted Rock and Rebecca Trois dba The Trois Estate at Enchanted Rock, for violations in Gillespie County, Texas, of: Tex. Health & Safety Code §341.035(a) and 30 Tex. Admin. Code §§290.39(e)(1) and (h)(1), and 290.42(b)(1) and (e)(2).

The hearing will allow Charles Trois dba The Trois Estate at Enchanted Rock and Rebecca Trois dba The Trois Estate at Enchanted Rock, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Charles Trois dba The Trois Estate at Enchanted Rock and Rebecca Trois dba The Trois Estate at Enchanted Rock, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Charles Trois dba The Trois Estate at Enchanted Rock and Rebecca Trois dba The Trois Estate at Enchanted Rock to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. Charles Trois dba The Trois Estate at Enchanted Rock and Rebecca Trois dba The Trois Estate at Enchanted Rock, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Health & Safety Code ch. 341 and 30 Tex. Admin. Code chs. 70 and 290; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Ryan Rutledge, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: February 22, 2018

TRD-201800858

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 28, 2018


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of South Garza Water Supply Corporation

SOAH Docket No. 528-18-2413

TCEQ Docket No. 2016-1754-MLM-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - March 22, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed October 26, 2017 concerning assessing administrative penalties against and requiring certain actions of South Garza Water Supply Corporation, for violations in Garza County, Texas, of: Tex. Water Code §26.121(a), Tex. Health & Safety Code §§341.0315(c) and 341.0351, 30 Tex. Admin. Code §§290.39(j), 290.42(d)(2)(A), (d)(5), (d)(11)(F)(vi), and (i), 290.46(d)(2)(B), (f)(2) and (f)(3)(A)(ii)(I), (l), (m)(1)(A), (m)(1)(B), (s)(1), and (u), 290.110(b)(4) and (c)(1)(B), 290.121(a), and 305.42(a).

The hearing will allow South Garza Water Supply Corporation, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford South Garza Water Supply Corporation, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of South Garza Water Supply Corporation to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. South Garza Water Supply Corporation, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Health & Safety Code ch. 341 and Tex. Water Code chs. 7 and 26 and 30 Tex. Admin. Code chs. 70 and 290; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Ryan Rutledge, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: February 22, 2018

TRD-201800860

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 28, 2018


Texas Department of Housing and Community Affairs

Notice of Public Comment Period and Public Hearing on the Draft 2018 Department of Energy Weatherization Assistance Program State Plan

The Texas Department of Housing and Community Affairs ("TDHCA") will hold a 19-day public comment period from Friday, March 9, 2018, through Wednesday, March, 28, 2018, at 5:00 p.m. Austin local time, to obtain public comment on the Draft 2018 Department of Energy ("DOE") Weatherization Assistance Program ("WAP") State Plan.

The DOE WAP State Plan offers weatherization assistance for low income persons. Funding provides for the installation of weatherization measures to increase energy efficiency of a home including caulking; weather stripping; adding ceiling, wall, and floor insulation; patching holes in the building envelope; duct work; and repair or replacement of energy inefficient heating and cooling systems. Additionally, the funds allow subgrantees to complete financial audits, household energy audits, outreach and engagement activities, and program administration. Also, the funding provides for state administration and state training and technical assistance activities. During the public comment period, a public hearing will take place as follows:

Wednesday, March 27, 2018

5:00 p.m. Austin local time

TDHCA State Office Building, Room 116

221 East 11th Street

Austin, Texas 78701

Anyone may submit comments on the Draft 2018 DOE WAP State Plan in written form or oral testimony at the public hearing. Written comments during the public comment period may be submitted to TDHCA, Gavin Reid, P.O. Box 13941, Austin, Texas 78711-3941, or by email to the following address: gavin.reid@tdhca.state.tx.us.

The full text of the 2018 Draft DOE State Plan may be viewed at the Department's website: http://www.tdhca.state.tx.us/public-comment.htm. The public may also receive a copy of the 2018 Draft DOE State Plan by contacting Gavin Reid at gavin.reid@tdhca.state.tx.us or by phone at (512) 936-7828.

Individuals who require auxiliary aids or services for the public hearing should contact Rita Gonzales-Garza at (512) 475-3905 or Relay Texas at 1-800-735-2989 at least three days before the hearings so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for the public hearings should contact Elena Peinado by phone at (512) 475-3814 or by email at elena.peinado@tdhca.state.tx.us at least three days before the hearings so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Elena Peinado al siguiente número (512) 475-3814 o enviarle un correo electrónico a elena.peinado@tdhca.state.tx.us por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-201800849

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 27, 2018


Notice of Public Hearing and Public Comment Period on the Draft 2018 State of Texas Consolidated Plan: One-Year Action Plan

The Texas Department of Housing and Community Affairs ("TDHCA") will hold a public hearing to accept public comment on the Draft 2018 State of Texas Consolidated Plan: One-Year Action Plan.

The public hearing will take place as follows:

Thursday, March 8, 2018

2:00 p.m. Austin local time

Stephen F. Austin Building

1700 North Congress Avenue, Room 173

Austin, Texas 78701

TDHCA, Texas Department of Agriculture ("TDA"), and Texas Department of State Health Services ("DSHS") prepared the Draft 2018 State of Texas Consolidated Plan: One-Year Action Plan ("the Plan") in accordance with 24 CFR §91.320. TDHCA coordinates the preparation of the State of Texas Consolidated Plan documents. The Plan covers the State's administration of the Community Development Block Grant Program ("CDBG") by TDA, the Housing Opportunities for Persons with AIDS Program ("HOPWA") by DSHS, and the Emergency Solutions Grants ("ESG") Program, the HOME Investment Partnerships ("HOME") Program, and the National Housing Trust Fund ("NHTF") by TDHCA.

The Plan reflects the intended uses of funds received by the State of Texas from HUD for Program Year 2018. The Program Year begins on February 1, 2018, and ends on January 31, 2019. The Plan also illustrates the State's strategies in addressing the priority needs and specific goals and objectives identified in the 2015-2019 State of Texas Consolidated Plan.

The Plan may be accessed from TDHCA's Public Comment Web page at: http://www.tdhca.state.Texas.us/public-comment.htm. The public comment period for the Plan will be open from Friday, February 23, 2018, through Monday, March 26, 2018. Anyone may submit comments on the Plan in written form or oral testimony at the March 8, 2018, public hearing. In addition, written comments concerning the Plan may be submitted by mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 78711-3941, by email to info@tdhca.state.Texas.us, or by fax to (512) 475-0070 anytime during the comment period. Comments must be received no later than March 26, 2018, at 6:00 p.m. Austin local time.

Individuals who require auxiliary aids or services at the public hearing should contact Ms. Cate Tracz, ADA responsible employee, at (512) 936-7803 or Relay Texas at (800) 735-2989 at least three (3) days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters at the public hearing should contact Elena Peinado by phone at (512) 475-3814 or by email at elena.peinado@tdhca.state.Texas.us at least three (3) days before the meeting so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Elena Peinado al siguiente número (512) 475-3814 o enviarle un correo electrónico a elena.peinado @tdhca.state.Texas.us por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-201800793

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 26, 2018


Texas Department of Licensing and Regulation

Public Notice - Enforcement Plan

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that at their regularly scheduled meeting held February 20, 2018, the Commission adopted the Texas Department of Licensing and Regulation's (Department) revised enforcement plan which was established in compliance with Texas Occupations Code, §51.302(c).

The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department's Enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction. The enforcement plan is revised to include the penalty matrix for the Electricians program.

The penalty matrix for the Electricians program (ELC) was last updated on November 8, 2015. Revisions to the matrix include (1) movement of two violations involving unlicensed activity to a higher class, and (2) use of a single penalty range for each class of violation, rather than having separate penalty ranges for first, second and third violations of each class.

The Electrical Safety and Licensing Advisory Board recommended approval of the penalty matrix at their meeting held January 11, 2018. The penalty matrix was presented to the Commission on February 20, 2018, and was adopted as recommended.

A copy of the revised enforcement plan is posted on the Department's website and may be downloaded at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by e-mail at enforcement@tdlr.texas.gov to obtain a copy of the revised plan.

Penalty Matrix (.pdf)

TRD-201800730

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: February 22, 2018


Panhandle Regional Planning Commission

Request for Proposals for "Summer Earn and Learn" Program Implementation Services

The Panhandle Regional Planning Commission (PRPC) is seeking proposals from qualified organizations with demonstrated competence, knowledge, qualifications, successful performance, and reasonable fees to implement a "Summer Earn and Learn" program to develop work opportunities for students with disabilities in coordination with the workforce development programs administered in the Panhandle Workforce Development Area (PWDA). The purpose of this solicitation is to enable PRPC to evaluate and select an entity capable of performing these services and to enter into negotiation for a contract at a fair and reasonable price.

Interested proposers may obtain a copy of the solicitation packet by contacting Leslie Hardin, at (806) 372-3381/(800) 477-4562 or lhardin@theprpc.org. The packet may also be picked up at PRPC's offices located at 415 S.W. 8th Avenue in Amarillo, Texas 79101. The proposals must be submitted to PRPC no later than March 30, 2018.

PRPC as administrative and fiscal agent for the Panhandle Workforce Development Board dba Workforce Solutions Panhandle, a proud partner of the AmericanJobCenter Network, is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities. Relay Texas: 711

TRD-201800862

Marin Rivas

Workforce Development Director

Panhandle Regional Planning Commission

Filed: February 28, 2018


Public Utility Commission of Texas

Amended Notice of Application for Transfer Pursuant to Public Utility Regulatory Act §37.154

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on February 16, 2018, under the Public Utility Regulatory Act, Tex. Util. Code Ann. §37.154.

Docket Style and Number: Joint Application of NextEra Energy Transmission Southwest, LLC and Rayburn Country Electric Cooperative, Inc. to Transfer Certificate Rights to Facilities in Cherokee, Smith and Rusk Counties, Docket Number 48071.

The Application: On February 16, 2018, NextEra Energy and Rayburn Country filed an application for approval to transfer Rayburn CCN rights to NextEra Energy. The transfer will include an approximately 30-mile-long segment of 138 kV transmission line (including easements) located in Cherokee, Smith, and Rusk Counties between the Jacksonville Substation in Cherokee County and the Overton Substation in Rusk County.

Persons wishing to intervene or comment on the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 48071.

TRD-201800770

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 2018


Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on February 21, 2018, an application to amend a state-issued certificate of franchise authority (SICFA).

Project Title and Number: Application of Time Warner Cable Texas LLC to Amend a State-Issued Certificate of Franchise Authority, Project Number 48086.

The requested amendment seeks to amend its SICFA No. 90008 to expand its service area footprint to include the incorporated areas, excluding any federal properties, in the City of Creedmoor.

Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Project Number 48086.

TRD-201800753

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 2018


Announcement of Application for Amendment to State-Issued Certificates of Franchise Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on February 21, 2018, an application to amend state-issued certificates of franchise authority (SICFA).

Project Title and Number: Application of Zito Graham LLC and Zito Texas-Washington LLC to Amend State-Issued Certificates of Franchise Authority to Reflect a Transfer in Ownership and Control to Zito West Holding LLC, Project Number 48085.

The requested amendment seeks to amend SICFA Nos. 90080 and 90081 to reflect a transfer in ownership and control and a name change from Zito Graham LLC and Zito Texas-Washington LLC to Zito West Holding, LLC.

Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Project Number 48085.

TRD-201800752

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 23, 2018


Notice of Application for a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on February 20, 2018, for a water certificate of convenience and necessity (CCN) in Midland County.

Docket Style and Number: Application of Park Water Company for a Water Certificate of Convenience and Necessity in Midland County, Docket Number 48083.

The Application: Park Water Company filed an application for a water CCN in Midland County. The total area being requested includes approximately 478 acres and no current customers.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 48083.

TRD-201800731

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2018


Notice of Application for Service Area Exception

Notice is given to the public of the filing with the Public Utility Commission of Texas (Commission) of an application on February 22, 2018, to amend a certificate of convenience and necessity for a service area exception within Lamb County.

Docket Style and Number: Joint Application of Southwestern Public Service Company and Lamb County Electric Cooperative, Inc. to amend a Certificate of Convenience and Necessity for a Service Area Exception in Lamb County. Docket Number 48091.

The Application: Southwestern Public Service Company (SPS) filed an application for a service area boundary exception to allow SPS to provide service to a specific customer located within the certificated service area of Lamb County Electric Cooperative, Inc. (LCEC). LCEC has provided an affidavit of relinquishment for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 22, 2018 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the Commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 48091.

TRD-201800851

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2018


Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on February 16, 2018, to amend a certificate of convenience and necessity (CCN) for a proposed transmission line in Hidalgo County.

Docket Style and Number: Application of Electric Transmission Texas, LLC to Amend its Certificate of Convenience and Necessity for the Stewart Road 345-Kv Transmission Line in Hidalgo County, Docket Number 47973.

The Application: Electric Transmission Texas, LLC filed an application to amend its CCN for a proposed 345-kV transmission line in Hidalgo County. The facilities include construction of a new 345-kV double circuit transmission line on steel single-pole structures. The estimated cost of the routing options range from approximately $16.834 million to $30.278 million depending on the final route selected. The proposed project is presented with 15 alternative routes and ranges in length from approximately 4.90 to 9.27 miles. The Commission may approve any of the routes or route segments presented in the application.

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 (888) 782-8477. The deadline for intervention in this proceeding is April 2, 2018. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47973.

TRD-201800719

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 21, 2018


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

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on February 16, 2018, in accordance with Public Utility Regulatory Act §§54.151 - 54.156.

Docket Title and Number: Application of US LEC Communications, LLC d/b/a PAETEC Business Services to Amend a Service Provider Certificate of Operating Authority, Docket No. 48072.

Applicant seeks to amend service provider certificate of operating authority number 60325 to reflect a name change. The applicant no longer conducts business under the d/b/a PAETEC Business Services.

Persons wishing to comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than March 16, 2018. Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 48072.

TRD-201800720

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 21, 2018


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

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on February 16, 2018, in accordance with Public Utility Regulatory Act §§54.151-54.156.

Docket Title and Number: Application of McLeodUSA Telecommunications Services, LLC d/b/a PAETEC Business Services to Amend a Service Provider Certificate of Operating Authority, Docket Number 48073.

Applicant seeks to amend service provider certificate of operating authority number 60078 to reflect a name change. The applicant no longer conducts business under the d/b/a PAETEC Business Services.

Persons wishing to comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than March 16, 2018. Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 48073.

TRD-201800721

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 21, 2018


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

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on February 21, 2018, in accordance with Public Utility Regulatory Act §54.151 - 54.156.

Docket Title and Number: Application of 24 Fiber LLC to Amend a Service Provider Certificate of Operating Authority, Docket No. 48088.

Applicant seeks to amend service provider certificate of operating authority number 60987 to reflect a name change. The applicant seeks to change its assumed name from 24 Fiber to Lone Star Fiber.

Persons wishing to comment on the action sought should contact the commission 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 March 19, 2018. Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 48088.

TRD-201800844

Andrea Gonzales

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: February 26, 2018


Notice of Application to Cancel Exempt Utility Registration

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on December 13, 2017, of a request to relinquish an exempt utility registration.

Docket Style and Number: Application of Knee Deep Water Company to Relinquish Exempt Utility Registration, Docket Number 47856.

The Application: Knee Deep Water Company filed a request to relinquish its exempt utility registration #N0051. The applicant stated that due to the effects of Hurricane Harvey, all the land, homes, and structures serviced by the company have been bought out by Harris County and the homes and structures in the service area are being demolished and will not be rebuilt. The water well currently does not have electricity nor will it have any in the future.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120; or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47856.

TRD-201800850

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 2018


Texas Department of Transportation

Notice of Award

In accordance with Government Code, Chapter 2254, Subchapter B, the Texas Department of Transportation (department) publishes this notice of a consultant contract award for Insurance Advisory Services to the department. Notice of the request for proposals was published in the December 8, 2017 issue of the Texas Register (42 TexReg 6993).

The selected consultant for these services is Ames & Gough/Risk Management, Inc., 8300 Greensboro Drive, Suite 980, McLean, Virginia 22102. The total value of the contract is $500,000.00. The contract was executed on February 18, 2018 and will continue through March 15, 2020.

TRD-201800735

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: February 22, 2018


Workforce Solutions Brazos Valley Board

Public Notice RFQ for ADA Certified Accessibility Specialist

On March 1, 2018 Workforce Solutions Brazos Valley (WSBV) is releasing a request for quotes for an American Disabilities Act (ADA) Certified Accessibility Specialist to survey our Workforce and Adult Education Literary sites. WSBV is a publicly funded employment and training agency. We operate in 7 counties in the Brazos Valley Region. The Counties are Brazos, Burleson, Robertson, Leon, Madison, Grimes, and Washington. We currently have seven workforce centers and seven adult education class locations that must comply with Texas Workforce Commission the ADA Accessibility Survey. These surveys are redone anytime one of our sites has construction done to ensure we are still in compliance. Our administrative and fiscal agent is Brazos Valley Council of Government.

The deadline for quotes to WSBV is April 3, 2018 at 4:00 p.m. (CST). Bidders will have the opportunity to ask questions during the bidder's conference on March 8, 2018 at 10:00 a.m. (CST). The number to call in on is (979) 595-2802. Bidders can submit questions by email to Rachael Robertson at Rachael.robertson@bvcog.org up to March 6, 2018 at 5:00 p.m. (CST). Attendance at the bidder's conference is not mandatory. Bidders who wish to attend the bidder's conference in person can do so at the Center for Regional Services at 3991 East 29th, Bryan, Texas, in the small administration conference room. All answers to the questions will be posted at www.bvjobs.org by close of business on Monday March 12, 2018.

This RFQ can be accessed at the Board's web page at www.bvjobs.org or by request to Rachael Robertson at Rachael.robertson@bvcog.org or via phone at (979) 595-2801 ext. 2015. The contact person for this RFQ is Rachael Robertson, Board Program Specialist, (979) 595-2801 ext. 2015 or Rachael.robertson@bvcog.org.

Equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities Deaf, hard of hearing or speech-impaired customers may contact: Relay Texas (800) 735-2989 (TTY) and 711 Voice.

TRD-201800842

Patricia Buck

Program Manager

Workforce Solutions Brazos Valley Board

Filed: February 26, 2018


RFQ Public Notice Navasota Lease of Space

On February 28, 2018, the Workforce Solutions Brazos Valley Board (WSBVB) is releasing a request for quotes (RFQ) for lease of available commercial space in Navasota, Texas for their workforce center. This space shall be used to assist individuals with securing and maintaining employment, training, child care, and employment services for Grimes County. Space to be considered shall be an open environment and measure approximately 1000 square feet to 1800 square feet. Space should have adequate heating and cooling systems. Space must be able to be secure and allow for internet connectivity. Space must be ADA compliant per Texas Workforce Commission expectations with sufficient parking. The initial term of the lease will be one year with the option to renew yearly up to 10 years, depending upon performance and funds availability.

The deadline for quotes to Workforce Solutions Brazos Valley Board is Friday, March 23, 2018, by 4:00 p.m. (CST). Bidders will have the opportunity to ask questions during the bidder's conference call on Friday March 9, 2018, at 11:00 a.m. (CST). The number to call in on is (979) 595-2802. Bidders can submit questions concerning this RFQ to Barbara Clemmons at Barbara.Clemmons@bvcog.org no later than March 8, 2018, 5:00 p.m. (CST). Attendance at the bidder's conference is not mandatory. Bidders may attend the bidder's conference call at the Center for Regional Services, 3991 East 29th Street in Bryan, Texas 77802. All answers to questions will be posted at www.bvjobs.org by close of business on March 12, 2018.

This RFQ can be accessed at the Board's web page at www.bvjobs.org or by request to Barbara Clemmons via email at Barbara.Clemmons@bvcog.org or via phone at (979) 595-2801 ext. 2061. The contact person for this RFQ is Barbara Clemmons, Board Program Specialist, (979) 595-2801 ext. 2061 or Barbara.Clemmons@bvcog.org.

Equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Deaf, hard of hearing or speech-impaired customers may contact: Relay Texas (800) 735-2989 (TTY) and 711 Voice.

TRD-201800776

Patricia Buck

Program Manager

Workforce Solutions Brazos Valley Board

Filed: February 23, 2018