reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 9 - TRAINING AND EMPLOYEE PROGRAMS › Subchapter C - EMPLOYEE PROGRAMS › Section 9.20 - Employee Leave Pool Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Sick Leave
				  Pool. A sick leave pool is established to allow eligible agency employees to
				  use time contributed to the sick leave pool, if the employee has exhausted
				  their sick leave due to a catastrophic illness or injury;
(b) Family Leave Pool. A family leave pool is
				  established to allow eligible agency employees to use time contributed to the
				  family leave pool, to allow for more flexibility in bonding with and caring for
				  children during a child's first year following birth, adoption, or foster
				  placement, and caring for a seriously ill family member or the employee's own
				  serious illness, including pandemic-related illnesses or complications caused
				  by a pandemic; and
(c)
				  Administration of both pools programs is delegated to the Deputy Director for
				  the Human Resources and Staff Services Division and shall be implemented by
				  policy and procedures that are consistent with Texas Government Code, Chapter
				  661, as amended.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.1 - Commission Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				shall meet as necessary for the conduct of business including special meetings,
				at times and places in the state necessary for the performance of the
				commission's duties. The commission is subject to Texas Water Code, §
									5.058 and the
				Open Meetings Act, including any existing or future exceptions that may be
				provided by law.
(b) The chairman
				shall preside at all commission meetings. The chairman may designate another
				commissioner to preside in his or her absence.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.2 - Conduct and Decorum in Commission Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons who attend or participate in a
				meeting should act in a manner that is respectful of the conduct of public
				business, and conducive to orderly and polite discourse.
(b) All persons shall comply with the
				chairman's directions concerning the offer of public comment, and conduct and
				decorum. Before the meeting, any person who wishes to speak should complete a
				public participation form and deliver it to the chief clerk's representative at
				the meeting.
(c) Persons who have
				special requests concerning a presentation during a meeting shall make advance
				arrangements with the chief clerk. A special request includes:
(1) the presentation of audio or video
				recordings;
(2) the need to move
				furniture, appliances, or easels;
(3) alternative language interpreters;
				or
(4) auxiliary aids or services,
				such as interpreters for persons who are deaf or hearing impaired, readers,
				large print, or braille. The chief clerk shall consult with the general counsel
				on such requests.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.3 - Deadline To File Comments on Matter Set for Commission Meeting

Current through Reg. 49, No. 28; July 12, 2024
The commission or the general counsel may set deadlines for
				  filing written comments on matters set for a commission meeting. The general
				  counsel, either by agreement of the interested persons and any judge assigned
				  to the matter, or on the general counsel's own motion, may extend a filing
				  deadline.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.4 - Continuance or Remand of Matter Set for a Commission Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a) The chairman may continue a matter
				scheduled for a commission meeting from time to time and from place to
				place.
(b) Motions for continuance
				shall be in writing or stated on the record. The general counsel, either by
				agreement of the parties and any judge assigned to the matter, or on the
				general counsel's own motion, may reschedule the presentation of a matter at a
				commission meeting.
(c) If the time
				and place for the meeting to reconvene are not announced at the meeting, the
				chief clerk shall send notice of the rescheduled meeting date to the parties in
				a contested case no later than ten days before the rescheduled meeting. The
				parties may agree to waive the notice requirement.
(d) The general counsel may remand a matter
				from the commission's agenda to the executive director if the executive
				director or the public interest counsel requests a remand.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.5 - Preparation of Draft Order

Current through Reg. 49, No. 28; July 12, 2024
If the commission or general counsel request a party to
				  prepare a draft order to reflect the commission's action concerning a contested
				  case, the party should attempt to reach an agreement among the parties on the
				  form of the draft order. A written explanation of the parties' positions on the
				  form of the draft order shall accompany the filed draft
				  order.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.6 - Execution of Orders Showing Action Taken at Commission Meetings

Current through Reg. 49, No. 28; July 12, 2024
The chairman or a commissioner may sign written orders to
				  show actions taken by the commission at a meeting if he or she did not vote
				  against the actions reflected in the orders.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.7 - Minutes of Commission Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				chief clerk shall prepare written minutes of each commission open meeting,
				which shall state the subject of each deliberation and indicate each vote,
				order, decision, or other action taken. The general counsel is authorized to
				approve the minutes, which shall be kept in accordance with the agency's
				records retention schedule.
(b) The
				agency shall make an audio recording of each commission open meeting, which
				shall be retained for ten years after creation, unless a longer retention
				period is required by Texas Government Code, §
									441.187(b).
(c) The agency shall not make audio
				recordings of closed sessions of commission meetings properly held in
				accordance with the requirements of the Open Meetings Act. Except for a private
				consultation with an attorney under Open Meetings Act, §551.071, the
				general counsel or chairman shall keep a certified agenda of each closed
				session. A certified agenda of a closed session is available for public
				inspection and copying only under the requirements of Open Meetings Act,
				§551.104(b)(3).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.8 - Evidentiary Hearing Held by Commission

Current through Reg. 49, No. 28; July 12, 2024
When an evidentiary hearing is held before one or more
				  commissioners, Chapter 80 of this title (relating to Contested Case Hearings)
				  shall apply. Judge shall mean the commissioner presiding over the
				  hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 10 - COMMISSION MEETINGS › Section 10.9 - Document Filing and Service

Current through Reg. 49, No. 28; July 12, 2024
All documents to be considered in a commission meeting shall
				  be filed and served according to §
									1.10
				  and §
									1.11
				  of this title (relating to Document Filing Procedures and Service on Judge,
				  Parties, and Interested Parties).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter A - HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM › Section 11.1 - Historically Underutilized Business Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission adopts by reference the
				  rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20,
				  Subchapter D, Division 1 (relating to Historically Underutilized
				  Businesses).
(b) The adoption of
				  this rule is required by Texas Government Code, § 2161.003, 76t h
				  Legislature, 1999.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter B - PROTEST PROCEDURES FOR VENDORS › Section 11.2 - Protest Procedures for Vendors

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  actual or prospective bidder, offeror, proposer, or contractor who is aggrieved
				  in connection with the solicitation, evaluation, or award of a contract may
				  formally protest to the Procurements and Contracts Manager of the commission or
				  his designee (hereafter Manager). Such protests must be in writing and received
				  in the Procurements and Contracts Section within ten working days after such
				  aggrieved person knows, or should have known, of the occurrence of the action
				  which is protested. Formal protests must conform to the requirements of this
				  subsection and subsection (c) of this section, and shall be resolved in
				  accordance with the procedure set forth in subsections (d) and (e) of this
				  section. Copies of the protest must be mailed or delivered by the protesting
				  person to the project manager, if any, and other interested persons. For the
				  purposes of this section, "interested persons" means all vendors who have
				  submitted bids or proposals for the contract involved.
(b) In the event of a timely protest or
				  appeal under this section, the state shall not proceed further with the
				  solicitation or with the award of the contract unless the Manager makes a
				  written determination that the award of a contract without delay is necessary
				  to protect substantial interests of the state.
(c) A formal protest must be sworn and
				  notarized and contain:
(1) a specific
				  identification of the statutory or regulatory provision(s) that the action
				  complained of is alleged to have violated;
(2) a specific description of each act
				  alleged to have violated the statutory or regulatory provision(s) identified in
				  paragraph (1) of this subsection;
(3) a precise statement of the relevant
				  facts;
(4) an identification of the
				  issue or issues to be resolved;
(5)
				  argument and authorities in support of the protest; and
(6) a statement that copies of the protest
				  have been mailed or delivered to other identifiable interested
				  persons.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter C - BID OPENING AND TABULATION › Section 11.3 - Bid Opening and Tabulation

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  adopts by reference the rules of the Texas Comptroller of Public Accounts,
				  Statewide Procurement and Support Services in 34 TAC §
										20.207
				  and §
										20.208(relating
				  to Competitive Sealed Bidding and Competitive Sealed Proposals).
(b) The adoption of this rule is required by
				  Texas Government Code, § 2156.005(d), 75t h Legislature, 1997.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter D - RESOLUTION OF CONTRACT CLAIMS › Section 11.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
(1) Claim - A demand for
				  damages by the contractor based upon the agency's alleged breach of the
				  contract.
(2) Contract - A written
				  contract between the agency and a contractor (including contract documents,
				  work orders, purchase order change notices, and other documents amending,
				  modifying, or supplementing the contract) by the terms of which the contractor
				  agrees either:
(A) to provide goods or
				  services, by sale or lease, to or for the agency; or
(B) to perform a project as defined by Texas
				  Government Code, §
											2166.001.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter D - RESOLUTION OF CONTRACT CLAIMS › Section 11.102 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter does not apply to an action
				  of the agency for which a contractor is entitled to a specific remedy pursuant
				  to state or federal constitution or statute.
(b) This chapter does not apply to contracts:
(1) between the agency and the federal
				  government or its agencies, another state, or another nation;
(2) between the agency and another unit of
				  state government;
(3) between the
				  agency and a local governmental body, or a political subdivision of another
				  state;
(4) between a subcontractor
				  and a contractor;
(5) subject to
				  the Transportation Code, §
											201.112;
(6) within the exclusive jurisdiction of
				  state or local regulatory bodies;
(7) within the exclusive jurisdiction of
				  federal courts or regulatory bodies;
(8) for grants of funds from the agency to
				  grantees or subgrantees; or
(9) for
				  engineering, architectural, or construction services or for materials related
				  to engineering, architectural, or construction services brought by a party to
				  the written contract, in which the amount in controversy is not less than
				  $250,000.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter D - RESOLUTION OF CONTRACT CLAIMS › Section 11.103 - Other Rules and Statutes

Current through Reg. 49, No. 28; July 12, 2024
The requirements of the following statutes and rules also
					 apply to claims filed under this subchapter:
(1) Texas Government Code, Chapter 2260,
				  regarding contract claims, including without limitation the time limits for
				  filing the notice of claim, counterclaim, and request for hearing;
				  and
(2) Section
				  1.10
				  and §
										1.11
				  of this title (relating to Document Filing Procedures; and Service on Judge,
				  Parties, and Interested Persons) except §
										1.11(a)
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter D - RESOLUTION OF CONTRACT CLAIMS › Section 11.104 - Filing Notice of Claim for Breach of Contract; Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
A contractor asserting a claim that the agency has breached
					 a contract must file a notice of claim as follows.
(1) The notice of claim must fully describe
				  the claim in writing on a form to be determined by the agency and must be
				  signed by the contractor or an authorized representative.
(2) The notice of claim must be filed with
				  the agency's chief clerk no later than 180 days after the event that the
				  contractor asserts as the basis of the claim. The contractor must reference the
				  docket number assigned by the chief clerk in any documents subsequently filed
				  which pertain to the notice of claim.
(3) Copies of the written notice of claim and
				  all other documents filed with the chief clerk must be served on the executive
				  director and the deputy director of Office of Legal Services no later than the
				  day of filing.
(4) The executive
				  director shall file any appropriate counterclaim with the chief clerk within 60
				  days after the filing of the notice of claim and provide a copy to the
				  contractor.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter D - RESOLUTION OF CONTRACT CLAIMS › Section 11.105 - Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director is authorized to
				  negotiate, mediate, and settle the claim, as appropriate, and may designate one
				  or more employees of the agency to act.
(b) The executive director shall initiate
				  negotiations with the contractor within 120 days after receiving the notice of
				  claim.
(c) The executive director
				  may also negotiate, mediate, or settle with a contractor concerning any
				  assertion by a contractor which does not constitute either a notice or a claim
				  under Texas Government Code, Chapter 2260. Such actions by the executive
				  director do not constitute a waiver of statutory or regulatory requirements for
				  a notice or a claim.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter D - RESOLUTION OF CONTRACT CLAIMS › Section 11.106 - Settlement of Claim

Current through Reg. 49, No. 28; July 12, 2024
Any agreement to settle all or a portion of the
					 contractor's claim filed under this subchapter must be:
(1) in writing;
(2) signed by the executive director and the
				  contractor or authorized representative; and
(3) filed with the chief clerk.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter D - RESOLUTION OF CONTRACT CLAIMS › Section 11.107 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
The contractor and the executive director may agree to
					 mediate a claim made under this subchapter. Mediation must be conducted under
					 Chapter 40 of this title (relating to Alternative Dispute Resolution
					 Procedure).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter D - RESOLUTION OF CONTRACT CLAIMS › Section 11.108 - Request for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor
				  may request a contested case hearing before the State Office of Administrative
				  Hearings (SOAH) of any unsettled portion of the claim.
(b) A contractor must file the request for
				  hearing with the chief clerk in writing on a form to be determined by the
				  commission.
(c) A contractor may
				  not file the request for hearing until the expiration of 270 days after the
				  contractor files the notice of claim. This period may be extended or reduced by
				  written agreement of the contractor and the executive director. The agreement
				  must be filed with the chief clerk.
(d) A contractor must serve copies of the
				  request for hearing on the executive director and the deputy director of Office
				  of Legal Services no later than the day of filing.
(e) After a contractor files the request for
				  hearing, the chief clerk shall refer the entire file on the claim and
				  counterclaim to SOAH for a contested case hearing under Texas Government Code,
				  Chapter 2001, as to the issues raised in the request for hearing. Referral of a
				  request for hearing to SOAH does not constitute waiver by the commission of
				  statutory or regulatory requirements for the notice of claim, the claim or the
				  request for hearing.
(f) Other
				  chapters of this title regarding requests for, and conduct of, contested case
				  hearings of applications do not apply to hearings of contract claims brought
				  under this subchapter.
(g)
				  Contested case hearings brought under this subchapter must be conducted in
				  compliance with the rules of SOAH applicable to hearings on contract claims and
				  where those rules are silent, under the Texas Rules of Civil Procedure and the
				  Texas Rules of Evidence.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter E - CONTRACTS MONITORING ROLES AND RESPONSIBILITIES › Section 11.200 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies only to contracts for goods or
					 services which have been procured by one of the procurement methods described
					 in Texas Government Code, §
										2261.001 as being
					 subject to the requirements of Texas Government Code, Chapter
					 2261.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter E - CONTRACTS MONITORING ROLES AND RESPONSIBILITIES › Section 11.201 - Roles and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The contract monitoring roles and responsibilities of
					 agency internal audit staff and other inspection, investigative, or audit staff
					 are as follows.
(1) A unit within the
				  agency will perform internal audit activities which will include providing
				  assistance and consulting regarding contract monitoring issues. This unit will
				  also perform audits of the contract management function and systems when they
				  are warranted by the results of risk assessment and are included in an audit
				  plan approved by the commission.
(2) A unit within the agency will seek to
				  improve voluntary contract compliance by performing contract compliance audits
				  of entities which receive funds from the agency.
(3) A unit within the agency will function as
				  the agency's criminal enforcement unit. This unit will take action regarding
				  criminal activity related to agency contracts.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 11 - CONTRACTS › Subchapter E - CONTRACTS MONITORING ROLES AND RESPONSIBILITIES › Section 11.202 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Texas Government Code, §
										2261.253,
				  the commission shall assess each contract to determine appropriate contract and
				  performance monitoring requirements.
(b) The executive director or his designee
				  shall ensure that risk assessment factors are used to determine when enhanced
				  contract or performance monitoring is required for a contract. The criteria for
				  evaluating risk include:
(1) the total
				  contract amount;
(2) the funding
				  source(s);
(3) the scope and
				  complexity of the goods or services;
(4) the risk of fraud, waste, or abuse; and
(5) the importance of the work to
				  the agency's mission or infrastructure.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 12 - PAYMENT OF FEES › Section 12.3 - Penalty and Interest on Delinquent Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A penalty of 5.0% of the fee due shall be
				imposed on a person who fails to pay a fee required under this title when due,
				and, if the person fails to pay the fee within 30 days after the day on which
				the fee is due, an additional 5.0% penalty shall be imposed.
(b) Delinquent fees accrue interest beginning
				on the 61st day after their due date.
(c) The yearly interest rate on all
				delinquent fees required under this title is the prime rate plus one percent,
				as published in the Wall Street Journal on the first day of each calendar year
				that is not a Saturday, Sunday, or legal holiday.
(d) Penalties and/or interest under this
				section may be waived by the executive director for good cause.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 12 - PAYMENT OF FEES › Section 12.5 - Consistency of Penalties and Interest with the Tax Code

Current through Reg. 49, No. 28; July 12, 2024
The penalties and interest rates assessed under this chapter
				  may not exceed the penalties and interest rates established in Texas Tax Code,
				  §
									111.060
				  and §
									111.061.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.1 - 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) Direct award - The
				award of a grant without first soliciting competitive proposals or
				applications.
(2) Grant - The award
				of financial assistance, including cooperative agreements, in the form of
				money, property in lieu of money, or other financial assistance paid or
				furnished by the state or federal government to carry out a program in
				accordance with rules, regulations, and guidance provided by the grantor
				agency. The term does not include technical assistance which provides services
				instead of money, or other assistance in the form of revenue sharing, loans,
				loan guarantees, interest subsidies, insurance, or direct appropriations. Also,
				the term does not include assistance, such as a fellowship or other lump sum
				award, for which the grantee is not required to account.
(3) Local government - A county,
				municipality, city, town, township, local public authority (including any
				public and Indian housing agency under the United States Housing Act of 1937),
				school district, special district, intrastate district, council of governments
				(whether or not incorporated as a nonprofit corporation under state law), any
				other regional or interstate government entity, or any agency or
				instrumentality of a local government.
(4) Pass-through grant - An award of
				financial assistance made by the agency to an eligible entity using federal
				grant funds. The term includes financial assistance when provided by
				contractual legal agreement, but does not include any form of assistance which
				is excluded from the definition of "grant" as defined in this
				section.
(5) Political subdivision
				- A political subdivision as that term is used in Texas Government Code,
				Chapter 791, Interlocal Cooperation Contracts.
(6) UGMS - The publication titled
Uniform Grant Management Standards
, promulgated by the
				Governor's Office of Budget and Planning in accordance with Texas Government
				Code, Chapter 783, Uniform Grant and Contract Management, as amended February
				12, 1999.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.2 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The Texas Water Code, §
									5.124
				  and §
									5.125
				  (Session Laws, 76th Legislature, 1999, Chapter 187 (HB 3561) pages 660-662)
				  authorizes the agency to award grants for any resource conservation or
				  environmental protection purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.3 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Grants may be awarded only for a purpose
				which is consistent with the agency's jurisdiction and purposes under law, as
				determined by the executive director.
(b) Purposes for which the agency may award a
				grant include:
(1) development or
				implementation of comprehensive conservation and management plans under the
				Federal Water Pollution Control Act, §320 (33 United States Code, Chapter
				1330), for designated national estuaries located in Texas;
(2) demonstration projects which involve new
				techniques for pollution prevention, energy or resource conservation, or waste
				management;
(3) environmental
				purposes identified in a federal grant which is intended as pass-through
				grant;
(4) development or
				improvement of monitoring or modeling techniques for water or air
				quality;
(5) support of local air
				pollution programs; or
(6) studies
				or program-related efforts to prevent an area which is near-nonattainment with
				federal air quality standards from reaching nonattainment status or, if such an
				area has become a nonattainment area, to assist that area's efforts to return
				to attainment status.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.4 - Funding

Current through Reg. 49, No. 28; July 12, 2024
Grants awarded by the agency under this chapter may
				  use:
(1) money appropriated for
				specific grant-making purposes;
(2)
				federal money granted to the agency for making pass-through grants;
				or
(3) state funds or federal grant
				funds appropriated for a purpose which the executive director determines is,
				and documents as being, consistent with a purpose of the grant.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.5 - Recipient Eligibility

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall, for each proposed grant or
				  series of grants, establish recipient eligibility requirements appropriate to
				  the purposes of and activities under the proposed grant or
				  grants.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.6 - Recipient Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Except as provided under §
									14.8 of
				this title (relating to Direct Award), the executive director shall establish,
				for each proposed grant or series of grants, recipient selection criteria
				appropriate to the purposes of and activities under the proposed grant or
				grants.
(b) The executive director
				may specify any selection criterion he considers relevant to the
				grant.
(c) All selection criteria
				must address the evaluation and scoring of:
(1) available fiscal controls;
(2) project effectiveness;
(3) project cost; and
(4) the potential grant recipient's previous
				experience with grants and contracts.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.7 - Solicitations

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as otherwise provided under §
									14.8 of
				this title (relating to Direct Award), the executive director shall prepare and
				issue a formal request for proposal (RFP) for each proposed grant or series of
				grants. The RFP must specify the following:
(1) the purpose and objective of the proposed
				grant or grants;
(2) the agency's
				authority to offer and award the proposed grant or grants;
(3) the applicable recipient eligibility
				requirements;
(4) the grant
				recipient activities allowable or required to be performed;
(5) the anticipated start date and end date
				of the proposed grant or grants;
(6) the recipient selection criteria to be
				used;
(7) an indication as to
				whether the agency expects to award more than one grant, and if so how the
				recipient selection criteria provide for selection of multiple
				recipients;
(8) instructions
				concerning materials and information required to be submitted by potential
				grant recipients, including layout and format, required signatures, and number
				of copies;
(9) the submission
				deadline and the required address or delivery location for proposals;
(10) information as to whether grant
				recipients will be required to contribute matching funds, or other labor or
				material resources, as a condition of receiving a grant;
(11) information as to whether, and if so
				how, the executive director proposes to adjust or waive any RFP-contained
				matching funds requirement as authorized under Texas Government Code, §
										783.009,
				Matching Fund Waiver for Economically Disadvantaged County or Census
				Track;
(12) information as to how
				grant payments will be made;
(13)
				information concerning requests for additional, pre-submittal
				information;
(14) the time and
				location of any pre-submittal meetings, together with an indication as to
				whether attendance is mandatory; and
(15) a requirement that successful recipients
				must enter into a signed grant agreement or contract with the agency following
				award announcement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.8 - Direct Award

Current through Reg. 49, No. 28; July 12, 2024
(a) A grant may be
				made by direct award only if:
(1) the
				executive director determines and documents:
(A) selection of recipients by the
				solicitation of proposals or applications is not feasible; and
(B) awarding the grant directly is in the
				best interest of the state;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.9 - Notices

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall publish on
				the state electronic business daily, commonly known as the Texas Marketplace,
				information regarding any solicitation related to a grant or series of grants,
				any of which is reasonably expected to exceed $25,000, to be awarded under this
				chapter.
(b) The notice will
				indicate either that the executive director is seeking proposals or
				applications from potential grant recipients, or that one or more direct awards
				is anticipated, in accordance with §
									14.8 of
				this title (relating to Direct Award).
(c) If one or more direct awards is
				anticipated, the notice will identify the recipients selected to receive a
				direct award and will describe the objective and amount of each proposed
				award.
(d) Following recipient
				selection and final grant award, except in the case of a previously noted
				direct award, the executive director shall file a second notice in the state's
				electronic business daily identifying the successful recipients and indicating
				the amount of each awarded grant.
(e) In addition, the executive director may
				publish or broadcast information concerning a grant or grants in any
				publication, website, or other forum.
(f) The executive director shall make
				available to the public on the agency's generally accessible Internet website
				the purpose for which any grant with a value greater than $25,000 was
				awarded.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.10 - Payment Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Payments to
				grant recipients shall be in accordance with the following regulations and
				standards:
(1) all allowable cost standards
				and payment-related requirements of the
Uniform Grant Management
				Standards
(UGMS), Subpart C, Post-Award Requirements, as defined in
				§
										14.1 of
				this title (relating to Definitions) if the recipient is a local government, a
				Texas state agency, or an Indian Tribal Government;
(2) all allowable cost standards and
				payment-related requirements of the United States Office of Management and
				Budget (OMB) Circular A-122, if the recipient is a private nonprofit
				organization, other than an institution of higher education, hospital, or an
				organization named in OMB Circular A- 122 as not subject to that
				circular;
(3) all allowable cost
				standards and payment-related requirements of OMB Circular A-21, if the
				recipient is an educational institution; and
(4) all allowable cost standards and
				payment-related provisions of Title 48, Code of Federal Regulations, Part 31
				(Contract Cost Principals and Procedures) if the recipient is a for-profit
				organization, other than a hospital or an organization named in OMB Circular
				A-122 as not subject to that circular.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.15 - Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
The executive director may delegate his authority under this
				  chapter as authorized under Texas Water Code, §
									5.221
				  and §
									5.238.
				  Delegation must be in writing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 14 - GRANTS › Section 14.16 - Effect on Prior Grants

Current through Reg. 49, No. 28; July 12, 2024
Except to the extent that such grants are subject to
				  pre-existing law embodying the same or similar requirements, the requirements
				  of this chapter do not affect the validity of or apply to any grant:
(1) awarded by the agency prior to September
				1, 1999;
(2) with respect to which
				the executive director issued a notice or solicitation prior to September 1,
				1999, requesting proposals or applications from potential recipients;
(3) for which the executive director accepted
				either a proposal or an application for consideration prior to September 1,
				1999; or
(4) directly awarded, for
				which the executive director entered into negotiations or award-related
				discussions with the grant recipient prior to September 1, 1999.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 15 - FLEET VEHICLE MANAGEMENT › Section 15.1 - Fleet Vehicle Management

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Requirements--each commission vehicle shall be assigned to the commission motor
				pool and shall be available for checkout, except as provided in subsection (b)
				of this section.
(b)
				Exceptions--vehicles that meet the criteria in paragraphs (1) and (2) of this
				subsection are excepted from subsection (a) of this section:
(1) a vehicle assigned to a field employee;
				or
(2) a vehicle assigned to an
				individual administrative or executive employee on a regular or everyday basis
				if the executive director makes a written documented finding that the
				assignment is critical to the needs and mission of the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.1 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish the procedure and
				  mechanism for an owner of pollution control property to apply to the commission
				  for a determination of pollution control use.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.4 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a positive use determination,
				the pollution control property must be used, constructed, acquired, or
				installed wholly or partly to meet or exceed laws, rules, or regulations
				adopted by any environmental protection agency of the United States, Texas, or
				a political subdivision of Texas, for the prevention, monitoring, control, or
				reduction of air, water, or land pollution. In addition, pollution control
				property must meet the following conditions.
(1) Property must have been constructed,
				acquired, or installed after January 1, 1994.
(2) Land must include only the portion of the
				land acquired after January 1, 1994, that actually contains pollution control
				property.
(3) Equipment,
				structures, buildings, or devices must not have been taxable by any taxing unit
				in Texas on or before January 1, 1994, except that if construction of pollution
				control property was in progress on January 1, 1994, that portion of the
				property constructed, acquired, or installed after January 1, 1994, is eligible
				for a positive use determination.
(4) Property purchased from another owner is
				eligible for a positive use determination if it is acquired, constructed, or
				installed by the new owner after January 1, 1994, will be used as pollution
				control property, and was not taxable by any taxing unit in which the property
				is located on or before that date.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.6 - Property Ineligible for Exemption from Taxation

Current through Reg. 49, No. 28; July 12, 2024
The following are not exempt from taxation and are not
				  entitled to a positive use determination under this chapter:
(1) property is not entitled to an exemption
				from taxation:
(A) solely on the basis that
				the property is used to manufacture or produce a product or provide a service
				that prevents, monitors, controls, or reduces air, water, or land
				pollution;
(B) if the property is
				used, constructed, acquired or installed wholly to produce a good or provide a
				service;
(C) if the property is not
				wholly or partly used, constructed, acquired or installed to meet or exceed
				law, rule, or regulation adopted by any environmental protection agency of the
				United States, Texas, or a political subdivision of Texas for the prevention,
				monitoring, control, or reduction of air, water, or land pollution;
				or
(D) if the environmental benefit
				is derived from the use or characteristics of the good or service produced or
				provided;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.10 - Application for Use Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) To be
				granted a use determination a person shall submit to the executive director:
(1) a completed and signed commission
				application form and one copy of the completed, signed form; and
(2) the appropriate fee, under §
										17.20
				of this title (relating to Application Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.14 - Tier I Pollution Control Property

Current through Reg. 49, No. 28; July 12, 2024
(a) For the property listed in the Tier I
				Table located in this subsection that is used wholly for pollution control
				purposes, a Tier I application is required. A Tier I application must not
				include any property that is not listed in this subsection or that is used for
				pollution control purposes at a use percentage that is different than what is
				listed in the table. Unless otherwise designated with a partial use percentage
				on the Tier I Table, if a marketable product is recovered (not including
				materials that are disposed) from property listed in this subsection, a Tier
				III application is required.
Attached
				  Graphic
(b) The
				commission shall review and update the Tier I Table at least once every three
				years.
(1) The commission may add an item to
				the table only if there is compelling evidence to support the conclusion that
				the item provides pollution control benefits and a justifiable pollution
				control percentage is calculable.
(2) The commission may remove an item from
				the table only if there is compelling evidence to support the conclusion that
				the item does not render pollution control benefits.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.17 - Partial Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) A Tier III
				application requesting a partial determination must be submitted for all
				property that is either not used as described on the Tier I Table located in
				§
									17.14(a)
				of this title (relating to Tier I Pollution Control Property), or does not
				fully satisfy the requirements for a 100% positive use determination under this
				chapter. For all property for which a partial use determination is sought, the
				cost analysis procedure (CAP) described in subsection (c) of this section must
				be used.
(b) The Expedited Review
				List in this subsection is adopted as a nonexclusive list of facilities,
				devices, or methods for the control of air, water, and/or land pollution. This
				table consists of the list located in Texas Tax Code, §
									11.31(k)
				with changes as authorized by Texas Tax Code, §
									11.31(l).
				The commission shall review and update the items listed in this table only if
				there is compelling evidence to support the conclusion that the item provides
				pollution control benefits. The commission may remove an item from this table
				only if there is compelling evidence to support the conclusion that the item
				does not render pollution control benefits.
Attached
				  Graphic
(c)
				Consistent with subsection (a) of this section, the following calculation (cost
				analysis procedure) must be used to determine the creditable partial percentage
				for a property that is filed on a Tier III application:
(1) If no marketable product results from the
				use of the property, use the following equation and enter "0" for the net
				present value of the marketable product (NPVMP):
Attached
				  Graphic
(2) For
				property that generates a marketable product (MP), the net present value (NPV)
				of the MP is used to reduce the partial determination when used in the equation
				in the figure in paragraph (1) of this subsection. The value of the MP is
				calculated by subtracting the production costs of the MP from the market value
				of the MP. This value is then used to calculate the NPV of the MP (NPVMP) over
				the lifetime of the equipment. The equation for calculating NPVMP is as
				follows:
Attached
				  Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.20 - Application Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees shall be
				remitted with each application for a use determination as required in
				paragraphs (1) - (3) of this subsection.
(1)
				Tier I Application--A $150 fee shall be charged for applications for property
				that is located in the Tier I Table located in §
										17.14(a)
				of this title (relating to Tier I Pollution Control Property), as long as the
				application seeks no variance from that use determination.
(2) Tier II Application--A $1,000 fee shall
				be charged for applications for property that is used wholly for the control of
				air, water, and/or land pollution, but not in the Tier I Table located in
				§
										17.14(a)
				of this title.
(3) Tier III
				Application--A $2,500 fee shall be charged for applications for property used
				partially for the control of air, water, and/or land pollution.