reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.56 - Review and Selection of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Board
				  will perform an administrative and technical review of all applications to
				  evaluate consistency with state law and program rules and guidance.
(b) Applications determined to be
				  administratively and technically complete, as well as consistent with program
				  rules, will be evaluated against criteria and policies adopted by the State
				  Board.
(1) Accuracy and completeness of the
				  application;
(2) Risk of dam
				  failure;
(3) Potential loss of life
				  due to dam failure;
(4) Potential
				  damage to critical infrastructure due to dam failure;
(5) The extent and type of structural repair
				  needed; and
(6) The ability of
				  sponsors to provide the required percentage of the total cost of the project
				  through funds not originating from state appropriations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.57 - Contracts Between the State Board and Sponsors

Current through Reg. 49, No. 28; July 12, 2024
Structural repair grant funds may be obligated through
					 contractual agreement to any entity listed as a sponsor on a watershed
					 agreement, or to the NRCS. The State Board may execute contracts with multiple
					 sponsors to complete the project as necessary.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.58 - Solicitation of Bids by Contracted Sponsors

Current through Reg. 49, No. 28; July 12, 2024
Solicitation of bids will be required for purchases more
					 than $50,000 in accordance with provisions of §
										271.024
					 of the Local Government Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.59 - Subcontracting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Contracted
				  sponsors may let subcontracts for engineering design, construction, and
				  easement purchasing. Subcontracts must be in written form and be made available
				  to the State Board upon request.
(b) If a subcontract is for the construction
				  of public works and is required by §
										271.024
				  of the Local Government Code to be submitted to competitive bidding, the
				  successful bidder must comply with §
										271.059 of the
				  Local Government Code relating to payment and performance bonding.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.60 - Engineering Design and Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Funding for required engineering design and inspection on structural repair
				  activities may be included in a contract between the State Board and a sponsor,
				  or may be provided through a separate agreement between the State Board and
				  another contracted entity.
(b)
				  Where engineering designs associated with a structural repair grant will result
				  in a change to the functioning of the dam, the engineer of record must be
				  notified of the planned change in design prior to the commencement of
				  work.
(c) If concurrence from the
				  NRCS and/or TCEQ must be obtained for a structural repair activity included in
				  a contract scope of work, such concurrence must be obtained and provided in
				  writing to the State Board prior to the commencement of work.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.61 - Reimbursements

Current through Reg. 49, No. 28; July 12, 2024
(a) Reimbursement requests for contracted
				  structural repair activities are subject to approval by the State Board and
				  must be submitted on forms provided by the State Board.
(b) All reimbursement requests for activities
				  performed by a subcontractor must be accompanied by applicable
				  invoices.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.62 - Structural Repair Grants Used as Match for Federal Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant funds
				  included in a contract between the State Board and a sponsor for a structural
				  repair activity may be used as match funding for a federal watershed
				  rehabilitation project.
(b) The
				  State Board may contract with a sponsor for the express purpose of providing
				  all or a portion of the monetary non-federal match requirement for a federal
				  NRCS watershed rehabilitation project or a repair project funded through the
				  NRCS Emergency Watershed Protection Program. The scope of work for the overall
				  federal project approved by the NRCS may serve as the scope of work associated
				  with the contract between the State Board and a sponsor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 530 - CARRIZO CANE ERADICATION PROGRAM › Section 530.1 - Statutory Authority and Policy Statement

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Section
				  201.0225,
				  Agriculture Code, the Texas State Soil and Water Conservation Board (State
				  Board) shall develop and implement a program to eradicate Carrizo cane along
				  the Rio Grande River, added by Acts 2015, 84th Leg., R.S., Ch. 431 (S.B. 1734),
				  Sec. 1, effective June 10, 2015. Within this context, and with the
				  understanding based on legislative committee discussion that the purpose of the
				  Carrizo Cane Eradication Program is to take steps to control this non-native
				  invasive species because it poses an ecological threat and provides cover for
				  individuals seeking to cross the border illegally into the United States, it is
				  the policy of the State Board to administer a voluntary program in cooperation
				  with local soil and water conservation districts (SWCDs) that provides
				  technical and financial assistance to landowners for supporting those purposes.
				  In accordance with this purpose, §§ 530.1- 530.7 of this subchapter
				  are adopted.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 530 - CARRIZO CANE ERADICATION PROGRAM › Section 530.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings:
(1)
				Biological control--The use of specialized insects from the native home of
				Carrizo cane biomass above ground.
(2) Border security priority area--A
				geographic area delineated by the State Board that may receive an allocation of
				funding under the Carrizo Cane Eradication Program.
(3) Carrizo cane--Arundo donax, giant cane,
				is a tall perennial cane, one of several so-called reed species. Its other
				common names include Carrizo, Arundo, Spanish cane, Colorado river reed, wild
				cane, and giant reed.
(4) Carrizo
				Cane Eradication Program--The Program codified in Section
				201.0225,
				Agriculture Code, directing the State Board to develop and implement a program
				to eradicate Carrizo cane along the Rio Grande River, added by Acts 2015, 84th
				Leg., R.S., Ch. 431 (S.B. 1734), Sec. 1, effective June 10, 2015.
(5) Conservation plan--A combination of
				conservation land improvement measure(s) approved by the State Board and
				applied to the land to control soil erosion or improve the quality and/or
				quantity of water.
(6) Fiscal
				year--The 12-month period of time beginning September 1 of a year and ending on
				August 31 of the following year.
(7) Follow-up treatment--The act of repeating
				a previously used treatment method, or additional approved methods, on the same
				lands in order maintain or improve Carrizo cane control in a priority
				area.
(8) Herbicides--Chemical
				substances, also commonly known as weed killers, that are used to control
				unwanted plants.
(9) Label--A label
				attached to the packaging of an herbicide product that provides instructions
				for storage and disposal, use of the product, and precautions for the user and
				the environment.
(10) Mechanical
				control--Any method not defined as biological or through the use of herbicides
				to control Carrizo cane, to include mowing, shredding, hand cutting, or any
				similar means.
(11) Rio Grande
				River--The river that delineates the international boundary between the United
				States and the United Mexican States (Mexico) within the jurisdiction of the
				State of Texas.
(12) Soil and water
				conservation district (SWCD)--A governmental subdivision of this state and a
				public body corporate and politic, organized pursuant to Chapter 201 of the
				Agriculture Code.
(13) Texas
				Department of Public Safety--A department of the government of the State of
				Texas responsible for statewide law enforcement and vehicle
				regulation.
(14) Texas State Soil
				and Water Conservation Board (State Board)--The state agency organized pursuant
				to Chapter 201 of the Agriculture Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 530 - CARRIZO CANE ERADICATION PROGRAM › Section 530.3 - Administration of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) General Fiscal
				Provisions. Eligible Soil and Water Conservation Districts (SWCDs) must comply
				with any applicable provisions within the Manual of Fiscal Operations for Soil
				and Water Conservation Districts at all times. The Manual of Fiscal Operations
				for Soil and Water Conservation Districts is approved and periodically amended
				by the State Board and is available on the State Board's website; hard copies
				of this manual may be requested from the State Board. Non-governmental
				contracted service providers must comply with all applicable federal and state
				laws and judicial mandates, as well as agreements between the State Board and
				law enforcement entities regarding priority areas.
(b) Sources of funding. Funding for this
				program is provided through general revenue from the Texas Legislature and
				periodically federal sources when available.
(c) Allocation and reimbursement. Allocations
				of available funding will be made by the State Board prior to any contracts or
				activities being initiated. All payments made to landowners, SWCDs, and private
				vendors shall be through reimbursement upon submittal of reimbursement requests
				on State Board-approved forms and in accordance with all applicable laws,
				rules, and regulations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 530 - CARRIZO CANE ERADICATION PROGRAM › Section 530.4 - Activities Eligible for Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
Activities eligible for reimbursement include any form of
				  mechanical control, use of biological methods approved by the State Board, and
				  the use of herbicides from land, water, and aerial platforms, in accordance
				  with all required laws, rules and regulations. All use of herbicides will be
				  done in accordance with the specific product's label.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 530 - CARRIZO CANE ERADICATION PROGRAM › Section 530.5 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) All activities shall be for the removal
				of Carrizo cane on lands along the Rio Grande River on the border between the
				State of Texas and the United Mexican States, including tributaries and canals
				associated with border security priority areas. When appropriate, methods that
				control other noxious species of brush may be used in conjunction with methods
				that control Carrizo cane, so long as there is a water conservation or border
				security benefit.
(b) No landowner
				is required to participate in this program.
(c) Treatment costs financed through this
				program shall be reimbursed at a 100-percent basis, unless an exception is
				approved by the State Board for a cost-sharing requirement between the State
				Board and another party.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 530 - CARRIZO CANE ERADICATION PROGRAM › Section 530.6 - Priority Area Establishment, Allocation of Funds, and Contracting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Allocation
				criteria. All available funding, regardless of whether the funding is through
				state appropriations or through federal funding acquired through competitive or
				non-competitive processes, shall be approved by the State Board. Within a
				fiscal year, if adjustments are required, the State Board will approve such
				adjustments or provide the State Board staff the authority to make adjustments
				when the State Board has adopted such a policy for a specific fiscal
				year.
(b) Prioritization of
				activities. The State Board will consider recommendations from the Texas
				Department of Public Safety and local law enforcement entities regarding
				prioritization of activities. The State Board shall approve all allocations of
				funding to specific geographic areas based on political subdivision boundaries,
				watershed boundaries, or boundaries as defined by the State Board based on
				coordination activities with the above referenced law enforcement
				entities.
(c) Contracting. The
				State Board may enter into contracts directly with landowners, state agencies,
				federal agencies, SWCDs, other political subdivisions of state government,
				municipalities, and private vendors to administer the program. The State Board
				will comply with applicable law, policies, and procedures in the procurement of
				audit services, the expenditure of funds under a contract, and all the other
				aspects of forming and administering a contract.
(d) Emergency allocations. The State Board
				may redirect funding from one project area to another when notified of changing
				priorities by the Texas Department of Public Safety or local law enforcement
				entities within a fiscal year.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 530 - CARRIZO CANE ERADICATION PROGRAM › Section 530.7 - Conservation Plans and Follow-Up Treatment

Current through Reg. 49, No. 28; July 12, 2024
All private lands that are treated through this program shall
				  be required to agree to a conservation plan for mitigating after-effects of
				  treatment to address soil and water conservation issues. Each of these
				  conservation plans shall be considered confidential in accordance with
				  Agriculture Code, §
									201.006.
All participants in this program shall be eligible for
				  follow-up treatment at the discretion of the State Board, the local SWCD, and
				  in coordination with the Texas Department of Public Safety and local law
				  enforcement entities on an as-needed basis.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 18 - TEXAS GROUNDWATER PROTECTION COMMITTEE › Chapter 601 - GROUNDWATER CONTAMINATION REPORT › Subchapter A - GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT › Section 601.1 - Purposes of Rules

Current through Reg. 49, No. 28; July 12, 2024
The purposes of this chapter are:
(1) to implement duties and responsibilities
				  assigned to the committee under Texas Water Code, §
										26.406,
				  concerning the maintenance by member agencies of public files containing
				  documented cases of groundwater contamination and the publication by the
				  committee, in conjunction with the commission, of annual groundwater monitoring
				  and contamination reports;
(2) to
				  establish general policies of the committee to guide that implementation;
				  and
(3) to specify the form and
				  content of the notice of groundwater contamination required under Texas Water
				  Code, §
										26.408.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 18 - TEXAS GROUNDWATER PROTECTION COMMITTEE › Chapter 601 - GROUNDWATER CONTAMINATION REPORT › Subchapter A - GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT › Section 601.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter specifically applies to each state agency or
					 organization having membership on the committee. The committee is composed
					 of:
(1) the Texas Commission on
				  Environmental Quality;
(2) the
				  Texas Department of State Health Services;
(3) the Texas Department of
				  Agriculture;
(4) the Railroad
				  Commission of Texas;
(5) the Texas
				  Water Development Board;
(6) the
				  Texas Alliance of Groundwater Districts;
(7) the Texas A&M AgriLife
				  Research;
(8) the Bureau of
				  Economic Geology of the University of Texas at Austin;
(9) the Texas State Soil and Water
				  Conservation Board; and
(10) the
				  Water Well Drillers and Pump Installers Program of the Texas Department of
				  Licensing and Regulation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 18 - TEXAS GROUNDWATER PROTECTION COMMITTEE › Chapter 601 - GROUNDWATER CONTAMINATION REPORT › Subchapter A - GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT › Section 601.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings.
(1)
				  Act--House Bill 1458 (71st Legislature, 1989) codified, with amendments, as
				  Texas Water Code, §§
										26.401 -
				  26.408.
(2) Commission--Texas Commission on
				  Environmental Quality.
(3)
				  Committee--Texas Groundwater Protection Committee.
(4) Documented groundwater contamination--A
				  case of groundwater contamination in which a member agency has an established
				  procedure for making a determination based on the quality of groundwater and
				  the information pertinent to making the determination is maintained by that
				  member agency under §
										601.4(b)
				  of this title (relating to Public Files).
(5) Enforcement action--Any action of the
				  member agencies, identified in §
										601.2 of
				  this title (relating to Applicability), that accomplishes or requires the
				  identification, documentation, monitoring, assessing, or remediation of
				  groundwater contamination.
(6)
				  Groundwater--Water below the land surface in a zone of saturation.
(7) Groundwater contamination--The
				  detrimental alteration of the naturally occurring physical, thermal, chemical,
				  or biological quality of groundwater. Except for an underground source of
				  drinking water granted an aquifer exemption by the commission with concurrence
				  from the United States Environmental Protection Agency in accordance with 40
				  Code of Federal Regulations Parts 144 - 146, and 30 TAC Chapter 331 (relating
				  to Underground Injection Control), groundwater contamination, for purposes of
				  inclusion of cases in the public files and the joint groundwater monitoring and
				  contamination report, is limited to contamination reasonably suspected of
				  having been caused by activities or by entities under the jurisdiction of the
				  member agencies identified in §
										601.2 of
				  this title (relating to Applicability) and affecting groundwater that contains
				  a concentration of:
(A) less than or equal to
				  10,000 milligrams per liter (mg/liter) of dissolved solids; or
(B) greater than 10,000 mg/liter of dissolved
				  solids if it is:
(i) currently extracted for
				  beneficial use such as domestic, industrial, or agricultural purposes;
				  or
(ii) hydrologically connected
				  with, and with the potential for contaminant movement to, a surface water body
				  or another zone of groundwater that has a concentration of less than or equal
				  to 10,000 mg/liter of dissolved solids.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 18 - TEXAS GROUNDWATER PROTECTION COMMITTEE › Chapter 601 - GROUNDWATER CONTAMINATION REPORT › Subchapter A - GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT › Section 601.4 - Public Files

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the
				  limitations provided by Texas Water Code, §§
										26.401 -
				  26.408
				  (the Act), and the Texas Public Information Act, Texas Government Code, Chapter
				  552, information collected, assembled, or maintained by the committee and the
				  member agencies having responsibilities related to protection of groundwater
				  under the Act is a public record open to inspection and copying during regular
				  business hours.
(b) Each member
				  agency having responsibilities related to the protection of groundwater under
				  the Act shall maintain a public file of all documented cases of groundwater
				  contamination that are reasonably suspected of having been caused by activities
				  regulated by the member agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 18 - TEXAS GROUNDWATER PROTECTION COMMITTEE › Chapter 601 - GROUNDWATER CONTAMINATION REPORT › Subchapter A - GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT › Section 601.5 - Joint Groundwater Monitoring and Contamination Report

Current through Reg. 49, No. 28; July 12, 2024
In conjunction with the commission, the committee shall
					 publish not later than April 1 of each year a joint groundwater monitoring and
					 contamination report covering the activities and findings of the committee made
					 during the previous calendar year. The report must:
(1) describe the current status of
				  groundwater monitoring programs conducted by or required by each member agency
				  at regulated facilities or in connection with regulated facilities;
(2) contain a description of each case of
				  groundwater contamination documented during the previous calendar year and of
				  each case of groundwater contamination documented during previous years for
				  which enforcement action was incomplete at the time of issuance of the
				  preceding report; and
(3) indicate
				  the status of enforcement action for each case of groundwater contamination
				  that is included in the report.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 18 - TEXAS GROUNDWATER PROTECTION COMMITTEE › Chapter 601 - GROUNDWATER CONTAMINATION REPORT › Subchapter B - NOTICE OF GROUNDWATER CONTAMINATION › Section 601.10 - Form and Content of Groundwater Contamination Notice

Current through Reg. 49, No. 28; July 12, 2024
When notice of groundwater contamination, as defined in
					 §
										601.3(7)
					 of this title (relating to Definitions), is provided under Texas Water Code,
					 §
										26.408
					 to the owner of a private drinking water well that may be affected by the
					 contamination and to each applicable groundwater conservation district, the
					 notice shall:
(1) be in writing;
				  and
(2) contain, at a minimum, the
				  following information:
(A) the name of the
				  contaminant or contaminants;
(B)
				  the range of analytical results for the contaminant or contaminants measured in
				  the area or well to date;
(C)
				  possible health effects of the contaminant or contaminants;
(D) possible source or sources for this type
				  of contamination;
(E) suggested
				  actions and precautions potentially impacted well owners could take;
				  and
(F) who to contact for more
				  information.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter shall govern policy bases under which the
					 council awards loans and grants under the Act and the procedure for the conduct
					 of any proceeding before the Alternative Fuels Council on an application for
					 the disbursement of funds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--Texas Natural
				  Resources Code, Chapter 113.
(2)
				  Alternative fuel (also referred to as "environmentally beneficial fuel" and
				  "clean-burning fuel")--This term means:
(A)
				  natural gas;
(B) liquefied
				  petroleum gas;
(C)
				  electricity;
(D) methanol or
				  methanol/gasoline blends of 85% (M85) or greater;
(E) ethanol or ethanol/gasoline blend of 85%
				  (E85), or greater; or
(F)
				  hydrogen.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.10 - Members of the Council

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				  council are:
(1) the commissioner of the
				  General Land Office;
(2) the
				  members of the Railroad Commission of Texas;
(3) the chairman of the General Services
				  Commission; and
(4) the chairman of
				  the Texas Natural Resources Conservation Commission.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.15 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The council shall meet at the call of the
				  chairman.
(b) The chairman may
				  establish a quarterly calendar, listing the meeting dates of the council during
				  the subsequent three months.
(c)
				  This calendar may be adopted by majority vote of the council for each
				  subsequent three-month period.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.20 - Meeting Agenda

Current through Reg. 49, No. 28; July 12, 2024
(a) The clerk shall
				  prepare the agenda prior to council meetings. Notice of all items to be
				  considered shall be filed with the secretary of state as required by
				  law.
(b) Items shall also be
				  included on the agenda upon the written request of any council
				  member.
(c) Items shall be included
				  on the agenda upon the timely written request of the executive committee. The
				  written request shall be forwarded to the clerk.
(d) If the chairman determines that there is
				  an emergency as defined by the Texas Government Code, §
										551.045,
				  requiring immediate council action, the chairman may post a supplemental notice
				  of hearing and add such emergency item(s) to the agenda. The other council
				  members shall be given notice of any such emergency posting and addition(s) to
				  the agenda.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.25 - Conduct of Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The chairman of
				  the council or the chairman's designee shall preside at all meetings. All
				  meetings shall comply with Texas Government Code, Chapter 551, and this
				  chapter.
(b) During the absence or
				  disability of the chairman or his or her designee, the member next scheduled to
				  be chairman shall perform the duties and exercise the powers of the
				  chairman.
(c) The chairman of the
				  council is designated as the clerk of the council and shall perform the duties
				  prescribed herein and such other duties as may be prescribed by the council.
				  The chairman may assign such duties to an appropriate employee.
(d) The clerk shall be responsible for filing
				  notice of regular and emergency meetings as required by law. The clerk shall
				  also give notice of the meetings to council members.
(e) A quorum consists of four council members
				  or their designees.
(f) Council
				  meetings shall be conducted in accordance with standard parliamentary rules of
				  procedure.
(g) Any action taken by
				  the council must be upon the vote of a majority of council members present at
				  the time the vote is taken.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.30 - Record of Meetings

Current through Reg. 49, No. 28; July 12, 2024
The clerk shall keep a complete record of the meeting of
					 the council and shall prepare minutes reflecting action taken by the council
					 members present. The minutes shall state the subject matter of each
					 deliberation and shall indicate each vote, order, decision, or other action
					 taken by the council. A copy of the minutes shall be distributed to all council
					 members.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.35 - Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) The council
				  shall develop and implement reasonable policies that provide the public with an
				  opportunity to appear before the council and speak on issues posted for
				  consideration on the agenda.
(b)
				  The chairman has discretion to impose time limits and other constraints as
				  necessary for the efficient and fair consideration of agenda items.
(c) The council shall maintain a written plan
				  describing how a person who does not speak English, or who has a physical,
				  mental or developmental disability may be provided with reasonable access to
				  council meetings.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.40 - Council Employees

Current through Reg. 49, No. 28; July 12, 2024
The council may designate, appoint, or employ any persons
					 necessary for the operation of the council, including, but not limited to, a
					 director of administration. The council shall define the scope of authority of
					 any designees, appointees, or employees.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.45 - Fiscal Year

Current through Reg. 49, No. 28; July 12, 2024
The council's fiscal year begins on September 1 of each
					 year and ends on August 31 of the following calendar year.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.50 - Council Budget

Current through Reg. 49, No. 28; July 12, 2024
The council will adopt a budget for each fiscal year before
					 the beginning of the fiscal year, and expenditures may not exceed budgeted
					 amounts without authorization by the council.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.55 - Principal Domicile and Address

Current through Reg. 49, No. 28; July 12, 2024
The domicile and principal office of the council shall be
					 at Austin, Texas. The council's offices are located at Room 104, Sam Houston
					 State Office Building, Austin, Texas. Office hours are 8:00 a.m. to 5:00 p.m.,
					 Monday-Friday. The council's officers are closed on Saturday and Sundays and on
					 state-observed holidays. The mailing address is Sam Houston State Office
					 Building, Room 104, Austin, Texas 78701.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.60 - Official Seal

Current through Reg. 49, No. 28; July 12, 2024
The official seal of the council shall consist of the
					 embossed impression of a circular disk containing on the outer rim the words
					 "ALTERNATIVE FUELS COUNCIL," and in the center the great seal of the State of
					 Texas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.65 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In computing any period of time prescribed or allowed by
					 this chapter, by order of the council, or by any applicable statute, the period
					 shall begin on the day after the act, event, or filing in question and it shall
					 conclude on the last day of the designated period, unless it is a Saturday,
					 Sunday, or state-observed holiday, in which event the period shall conclude on
					 the next day which is neither a Saturday, Sunday, nor a state-observed
					 holiday.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.70 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Each applicant,
				  attorney or other representative, or member of the public shall behave in all
				  proceedings with dignity, courtesy, and respect for the council and all other
				  participants. Attorneys shall observe and practice the standards of ethical
				  behavior prescribed for the profession by the Texas Disciplinary Rules of
				  Professional Conduct.
(b) Upon
				  violation of subsection (a) of this section, any applicant, attorney, or other
				  representative, or member of the public may be excluded by the council from any
				  meeting for such period and upon such conditions as are just, or may be subject
				  to such other just, reasonable, and lawful disciplinary action as the council
				  may prescribe.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.75 - Scope of Funding Available

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Funding may be provided to any project consistent with the Act. Priority will
				  be given to eligible projects that demonstrate the following characteristics:
(1) promote the purposes of and, where
				  applicable, meet the requirements of, the laws of the United States or the
				  State of Texas pertaining to alternative fuels, vehicle fleet composition
				  requirements, or air quality. Those laws and regulations promulgated thereunder
				  include, but are not limited to, the following:
(A)
												42 United States Code
				  §7586, Clean Air Act (CAA),
				  §246;
(B) Texas Civil
				  Statutes, Article 601b; Texas Education Code, § 21.174, § 21.180;
				  Texas Civil Statutes, Chapter 683, §20, Acts of the 66th Legislature, 1979
				  (Article 1118y); Texas Civil Statutes, Chapter 141, §14, Acts of the 63rd
				  Legislature, 1973 (Article 1118x); and Texas Civil Statutes, §6, Article
				  1118z;
(C) Texas Education Code,
				  §
												21.174(c)-(i);
				  and
(D) Texas Civil Statutes,
				  Article 4477-5, §3.10, Texas Clean Air Act;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.90 - Consideration by Council

Current through Reg. 49, No. 28; July 12, 2024
The award of a loan, grant, or other disbursement of funds
					 shall be considered by the council at an open meeting. Prior to the
					 commencement of the meeting, any council member may review the entire
					 application, including all supporting documentation, the written recommendation
					 of the executive committee, and written comments.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.95 - Council Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) All decisions
				  of the council shall be final upon action by a majority of the council in
				  attendance at a duly called meeting. Council action shall be reduced to writing
				  and signed by those council members participating in the decision. Council
				  action shall be deemed to have been taken on the date of vote of the council in
				  open meeting.
(b) The council is
				  under no legal requirement to execute an agreement on the basis of any
				  application for funding. The council retains the right to accept or reject any
				  or all applications. The council reserves the right to vary any and all
				  provisions of its applications at any time prior to execution of an agreement
				  where the council deems such variances to be in the interest of the State of
				  Texas.
(c) Upon issuance of a final
				  decision, the council shall send a copy of that decision by first class mail to
				  each applicant or the applicant's representative. The council shall keep an
				  appropriate record of that mailing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.105 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
In the event the council determines that an applicant is in
					 breach of any agreement executed with the council, all available remedies may
					 be pursued. The council may utilize the various staffs of member agencies to
					 pursue any such appropriate remedies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 19 - TEXAS ALTERNATIVE FUELS COUNCIL › Chapter 655 - ADMINISTRATION › Subchapter A - COUNCIL PRACTICES › Section 655.110 - Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Administration of funds. The council may
				  enter into interagency contracts to administer funds related to the purposes of
				  the council.
(b) Contracts in
				  support of certain functions. The council may enter into interagency contracts,
				  agreements, and memoranda of understanding with other state and federal
				  agencies, institutions of higher education, and private persons or firms in
				  order to efficiently evaluate applications and administer loans and grants of
				  the council, including the processing and review of applications, including
				  technical reviews and financial and background investigations, alternative
				  fuels research, and inspection of recipients' projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 21 - TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION › Chapter 675 - OPERATIONAL RULES › Subchapter A - WASTE DISPOSAL VOLUME ESTIMATE › Section 675.1 - 1995 - 2045 Waste Disposal Volume Estimate

Current through Reg. 49, No. 28; July 12, 2024
The Commission estimates that Texas will dispose of Five
					 Million (5,000,000) Cubic Feet of Low Level Radioactive Waste at a Compact
					 disposal site to be established in Texas during the period from 1995 -
					 2045.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 21 - TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION › Chapter 675 - OPERATIONAL RULES › Subchapter B - EXPORTATION AND IMPORTATION OF WASTE › Section 657.20 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) The term "Commission,"
				  where used in this subchapter, means the Texas Low-Level Radioactive Waste
				  Disposal Compact Commission established by the Texas Low-Level Radioactive
				  Waste Disposal Compact.
(2) The
				  term "Compact" refers to the agreement between the State of Texas and the State
				  of Vermont to which Congress consented in
				  Public Law
				  105-236, enacted September 20, 1998. The text of
				  the Compact can be found in Texas Health and Safety Code, §
										403.006 and
				  Vermont Statutes Annotated Title 10, §7069.
(3) The terms "Compact Facility" and
				  "Facility" mean any site, location, structure, or property located in and
				  provided by the host state for the purpose of disposal of low-level radioactive
				  waste for which the party states are responsible.
(4) "Compact waste" means low-level
				  radioactive waste that:
(A) is originally
				  generated onsite in a host state or a party state; or
(B) is not generated in a host state or a
				  party state but has been approved for importation into this state by the
				  Commission under §3.05 of the Compact.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 21 - TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION › Chapter 675 - OPERATIONAL RULES › Subchapter B - EXPORTATION AND IMPORTATION OF WASTE › Section 675.22 - Exportation of Waste to a Non-Party State for Management or Processing and Return to the Party States for Management or for Disposal in the Compact Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) Where the sole purpose of the exportation
				  of low-level radioactive waste is to manage or process the waste for recycling
				  or waste reduction and to return the waste to the party states for disposal in
				  the Compact Facility, party-state generators are not required to obtain an
				  export permit.
(b) The generator
				  exporting such waste must, however, file a report with the Commission no later
				  than 10 days after the shipment of the waste described in subsection (a) of
				  this section. Reports may be submitted by United Parcel Service (UPS), FedEx
				  delivery service, or by e-mail. A generator may satisfy the reporting
				  requirement by timely submitting to the Commission Forms 540 and 541
				  promulgated by the United States Nuclear Regulatory Commission, as applicable,
				  with supplemental data indicating the types of waste management employed at the
				  facility to which the waste is being shipped. Alternatively, generator reports
				  shall include the following information:
(1)
				  The volume of waste exported, the type, physical and chemical form of waste
				  exported, the approximate radioactivity of the waste, and the specific
				  radionuclides contained therein;
(2) The location and name of waste processing
				  facility or facilities receiving and processing the waste, the type of waste
				  management employed at each waste management facility, and whether the exported
				  waste is to be mixed or commingled with waste from other generators.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 21 - TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION › Chapter 675 - OPERATIONAL RULES › Subchapter B - EXPORTATION AND IMPORTATION OF WASTE › Section 675.23 - Importation of Waste from a Non-Party Generator for Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the policy of the Commission to:
(1) promote the health, safety, and welfare
				  of the citizens and the environment of Texas and Vermont;
(2) limit the number of facilities needed to
				  effectively, efficiently, and economically manage low-level radioactive
				  waste;
(3) distribute the costs,
				  benefits, and obligations among the party states; and
(4) refuse to allow the importation of
				  low-level radioactive waste of international origin for disposal at the Compact
				  Facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 21 - TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION › Chapter 675 - OPERATIONAL RULES › Subchapter B - EXPORTATION AND IMPORTATION OF WASTE › Section 675.24 - Requirement to Report on the Importation of Certain Low-Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is
				  applicable only in the host state.
(b) This section is designed to gather
				  information on the importation into the host state for disposal or management
				  of certain low-level waste that:
(1) is
				  required when shipped to be listed on Nuclear Regulatory Commission (NRC) Forms
				  540 or 541 (Uniform Low-Level Waste Manifest Shipping Forms);
(2) is included within the definition of
				  low-level radioactive waste found in 30 TAC §
											336.2(89)
				  (relating to Definitions) as the definition is in effect on the date this
				  section becomes effective or as 30 TAC §
											336.2(89)
				  may be amended or renumbered in the future, but is not intended for disposal in
				  the Compact Waste Facility;
(3) is
				  not low-level radioactive waste described by
				  42
				  United States Code, §
												2021c(b)(1) or waste that is
				  regulated under §
											675.23
				  of this title (relating to Importation of Waste from a Non-Party Generator for
				  Disposal); and
(4) for the purposes
				  of this section, the material described in this subsection will be referred to
				  as Non-Compact-Facility Low-Level Radioactive Waste ("NCFW").