HomeMy WebLinkAboutFebruary 14, 2012 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
February 14, 2012
After determining in Special Called Open Session that a quorum is present, the City Council of
the City of Denton, Texas will convene in a Special Called Closed Session on Tuesday,
.
February 14, 2012 at 4:00 p.m in the City Council Work Session Room at City Hall, 215 E.
McKinney Street, Denton, Texas at which the following item will be considered:
A. Certain Public Power Utilities Competitive Matters Under Texas Government Code
Section 551.086; Deliberations regarding Real Property Under Texas Government
Code Section 551.072; Consultation with Attorneys Under Texas Government Code
Section 551.071.
1) Receive a presentation from staff, discuss, deliberate and provide staff with
direction regarding the establishment of a Combined Heat and Power Economic
Development District (CHP-EDD) in the airport industrial area of Denton, Texas,
including the designation, boundaries, and limitations upon activities regarding
said proposed District, in the interest of providing electric power; receive a
presentation from staff, discuss, deliberate and provide staff with direction
regarding the acquisition of property and easements, and the value thereof, related
to the CHP-EDD; consult with and provide direction to the Citys attorneys
regarding legal matters related to the CHP-EDD where a public discussion of
these legal matters would conflict with the duty of the Citys attorneys to the City
Council under the Texas Rules of Professional Conduct of the State Bar of Texas.
nd
Following the completion of the Closed Session, the City Council will convene in 2 Tuesday
Session at which the following items will be considered:
nd
NOTE: A 2 Tuesday Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
nd
City Council deliberation and formal City action. At a 2 Tuesday Session, the City Council
generally receives informal and preliminary reports and information from City staff, officials,
members of City committees, and the individual or organization p
invited by City Council or City Manager to participate in the session. Participation by
individuals and members of organizations invited to speak ceases when the Mayor announces the
nd
session is being closed to public input. Although 2 Tuesday Sessions are public meetings, and
citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to
participate in the session unless invited to do so by the Mayor. Any citizen may supply to the
City Council, prior to the beginning of the session, a written report regarding the citizens
opinion on the matter being explored. Should the Council direct the matter be placed on a
regular meeting agenda, the staff will generally prepare a final report defining the proposed
action, which will be made available to all citizens prior to the regular meeting at which citizen
input is sought. The purpose of this procedure is to allow citizens attending the regular meeting
the opportunity to hear the views of their fellow citizens without having to attend two meetings.
1. Receive a report and hold a discussion concerning the City of Denton Brownfield grant.
City of Denton City Council Agenda
February 14, 2012
Page 2
2. Receive a report, hold a discussion, and give staff direction regarding the provision of on-
site recycling programs for multi-family residential communities, and the solid waste and
recycling services offered.
3. Receive a report and hold a discussion regarding the Combined
Economic Development District (CHP-EDD) in the airport industrial area of Denton,
Texas.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock
(a.m.) (p.m.)
____________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.
THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING
IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARYS OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
February 14, 2012
DEPARTMENT:
Environmental Services and Sustainability
ACM:
Howard Martin, Utilities, 349-8232
________________________________________________________________
SUBJECT
Receive a report and hold a discussion concerning the City of Denton Brownfield grant.
BACKGROUND
The United States Environmental Protection Agencys (USEPA) defines a brownfield as a real
property, the expansion, redevelopment, or reuse of which may be complicated by the presence
or potential presence of a hazardous substance, pollutant, or contaminant . The USEPA
Brownfields Program is designed to help states, communities, and
together to prevent, assess, safely clean up, and sustainably reuse brownfields. The USEPA
provides technical and financial assistance for brownfields based on four main goals: protecting
human health and the environment, sustaining reuse, promoting partnerships, and strengthening
the marketplace. Brownfields grants support these goals by funding environmental assessment,
cleanup, and job training activities.
The City of Denton received its first Brownfield Cleanup grant on July 23, 2009. The grant was
applied for and administered by both Environmental Services and Sustainability and the
Economic Development Departments. The property is a 1.9 acre municipal tract located at the
southeast corner of Exposition and Hickory Streets. Previous uses of the site have included a
bottling company, warehousing, an auto body shop, a machine shop, a transmission shop, steel
fabrication, and various manufacturing facilities. An initial limited Phase II assessment
conducted prior to property acquisition indicated lead and arsenic concentrations in shallow
ground water that were slightly above drinking water Protective Concentration Levels.
However, it should be noted that the study indicated that these metals did not appear to originate
from site activities, and may have been either naturally occurring or due to disturbances in the
sites ground water monitoring wells during the sampling process.
The grant provided funds to remove 540-square-feet of asbestos floor tiles located in one of the
three buildings on the site and to hire an environmental consultant to perform all actions needed
to obtain a Certificate of Completion for the site through the Texas Commission on
Environmental Qualitys (TCEQs) Voluntary Cleanup Program for the groundwater concerns.
Staff and the consultant, W&M Environmental Group, Inc., have been working on site since
February 2010. Notable site activities include an extensive Brownfield Site Assessment that
was funded by the TCEQ to further characterize the soils and groundwater of the site, additional
analyses and regulatory determinations based on the results of the Site Assessment, and the
receipt of a final Certificate of Closure from the TCEQ on November 15, 2011. W&M
Environmental Group will provide a presentation outlining the process by which this site was
able to obtain the Certificate of Completion through the Texas Voluntary Cleanup Program.
OPTIONS
The material is being provided for informational purposes only. No actions are required.
RECOMMENDATION
None
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 3, 2008 Intent to apply presented to the City Council Committee on the
Environment
December 1, 2008 Update provided to the City Council Committee on the Environment
September 17, 2009 Update provided to the City Council Committee on the Environment
September 28, 2009 Update provided to the Public Utility Board
FISCAL INFORMATION
The total amount of the grant is $75,600, with $63,000 being paid for by the EPA.
EXHIBITS
1. Presentation from W&M Environmental Group
Respectfully prepared and submitted by,
Kenneth Banks.
Director, Environmental Services and Sustainability
AGENDA INFORMATION SHEET
AGENDA DATE:
February 14, 2012
DEPARTMENT:
Solid Waste/Recycling
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the provision of on-site
recycling programs for multi-family residential communities, and the solid waste and recycling
services offered.
BACKGROUND
Recycling is one of the most accessible and effective means of conserving resources and
supporting the economy that any of us can do. The City of Denton Solid Waste Department has
offered on-site recycling for multi-family communities and commercial businesses since 2003.
Multi-family properties are considered commercial accounts, and waste is collected via dumpster
or compactor service. Buildings with four units or less are generally serviced like a single-
family residence, with trash and recycling carts. The City provides four multi-material
Recycling Drop-Off Centers intended for use by any resident or business that does not have on-
site recycling, or to supplement when the user has extra recycling materials.
In Denton, on-site single-stream recycling for multi-family properties is voluntary, and usually
involves switching a current trash dumpster for a recycling dumpster to collect single-stream
(mixed) recycling, accepting mixed paper, cardboard, boxboard, aluminum, steel, plastic and
glass. Multi-family recycling information is available on www.dentonrecycles.com under either
the residential or commercial menu, and includes a poster that managers can download and
reproduce for educating their residents.
Denton currently assesses a fee for some recycling programs to apartment residents. The
monthly $2.30 Multi-Family Household Chemical and Recycling fee covers on-site Home
Chemical Collection (HCC) for residents and supports residential recycling programs, including
the four multi-material recycling drop-off centers, and our public education and outreach
programs, such as the Sustainable Schools Program. The fee is charged directly to utilities
customers (or property management if all bills paid ). The fee is not intended for, and does not
cover costs for on-site recycling of single-stream materials. Single-Family households pay $5.15
plus
per month for recycling services. This fee includes the same programs as above, the cost of
curbside recycling.
Property Managers and owners make the decision whether to implement on-site multi-family
recycling. Despite interest from apartment residents, there are barriers to on-site multi-family
recycling:
Dumpsters in the right-of-way
- A large proportion of older multi-family communities
have a dumpster on the curb, or in the right-of-way, or in the street; not on the property as
the current ordinances specify for any newer development.
Space
- Adding dumpsters could mean setting them in a parking space, or on a landscaped
area.
Enclosures
- Existing Enclosures may only be sized for one container, or th
one trash compactor in an enclosure.
Contamination
- illegal dumping occurs from both residents and non-residents; there is
little way to identify the persons contaminating the recycling. Management needs to
check the dumpsters regularly and remove contaminants.
Education
- high turn-over of both residents and management staff makes it difficult to
keep an informed property population.
Many multi-family communities have dumpsters located in the right-of-way or on the curb; most
are not screened. Direction from Council previously has been to work to eliminate these.
Council may wish staff to explore additional options to encourage property owners to make
improvements to move these dumpsters, such as a right-of-way license; or direct Solid Waste
and Recycling to go ahead with whatever container and location is necessary to deliver recycling
service to these properties.
Through the Development Review Committee, we can make suggestions or implement
requirements regarding the trash and recycling infrastructure in new developments. Staff is
updating the Solid Waste Site Design Criteria Manual and Denton Development Code requirin
enclosures that will accommodate both trash and recycling in all
many of these problems in future developments, and will present
When it is voluntary, only the complexes that have available spa
staff, and residents who actively ask for recycling, tend to choose on-site recycling. In order to
increase the access to recycling for multi-family residents, some cities have adopted multifamily
and/or commercial recycling ordinances that direct the property owners to implement recycling
programs, but these are few in number. More recently, cities tackling this issue have passed a
large-scale initiative or plan for waste diversion, such as a Zero Waste type initiative or large
diversion goal, that provide a more inclusive framework for implementing new recycling
programs. This may produce a more successful platform for public input and participation and
the support needed to implement this large change. Denton City Council has established a 40%
overall diversion rate in its current Strategic Plan. The proposed Sustainability Plan suggests a
residential diversion rate of 60%, based on single-family programs, but staff can further develop
a framework of recommendations to reach and exceed this goal to include Multi-Family
Residential.
OPTIONS
Options to address on-site Multi-Family Residential recycling include:
Status-quo: Leave the decision to provide on-site recycling at multi-family communities
up to their owners and/or property management, and make no further requirements. Staff
currently offers this assistance to managers and offers proposals to implement on-site
recycling.
Design an advertising/public information campaign to attract those properties who choose
or who are able to implement on-site recycling in accordance with meeting or exceeding
City of Denton diversion goals.
Design and implement a new requirement that Multi-Family Management must offer
recycling to residents on all properties in accordance with meeting or exceeding City of
Denton waste diversion goals.
RECOMMENDATION
Staff recommends a requirement that Multi-Family Properties offer on-site recycling for
residents. This plan should be developed carefully with input from stakeholders, and within a
framework plan for increasing all diversion programs to reach the City of Dentons waste
diversion goals in the Strategic Plan and the Sustainability Plan.This plan should also reflect the
Citysgoals for addressing trash and recycling receptacles that are unscreened and/or in the right-
of-way.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The City Council received informal staff report 11-053 regarding Multi-Family Recycling on
July 28, 2011.
The City Council received a staff report regarding dumpsters located in the right-of-way and on
curbs on May 1, 2006.
EXHIBITS
1.Multi-Family Recycling Ordinance from City of San Antonio
2.Universal Recycling Ordinance from City of Austin
3.PPT Presentation
Respectfully submitted:
A. Vance Kemler
General Manager, Solid Waste Services
CH
12/09/2010
Item No. 22
Figure 14-43.1, Multifamily Recycling Container Placement Example
4
City of Austin Solid Waste Ordinance
ARTICLE 5. UNIVERSAL RECYCLING.
Division 1. General Provisions.
§ 15-6-81 APPLICABILITY.
This article applies in the Citys zoning jurisdiction.
Source: 1992 Code Section 12-3-121; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018.
§ 15-6-82 RIGHT OF ENTRY.
(A) A department inspector may enter the premises of a business, building, or multi-family
residential complex, or other location that is required to provide on-site recycling under this
article to inspect for compliance with this article.
(B) An inspector shall present the inspectors credentials to an occupant of the premises on
request.
(C) An inspector shall make a reasonable effort to locate the owner or other person having
control of the building and request entry to the premises.
Source: 1992 Code Section 12-3-122; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018.
Division 2. Service.
§ 15-6-91 REQUIRED SERVICE PROVIDERS.
(A) Until September 30, 2012, the owner or other person in control of the following
premises shall provide on-site recycling service under this article:
(1) a business with 100 or more employees;
(2) a building housing businesses with an aggregate of at least 100 employees, if the
building owner or manager provides a single garbage collection service; and
(3) a multi-family residential complex with more t
(B) The owner or other person in control of the following premises shall provide on-site
recycling service under this article:
(1) effective October 1, 2012, for multi- family residential use that consists of more than
75 dwelling units;
(2) effective October 1, 2013, for multi- family residential use that consists of more than
50 dwelling units;
(3) effective October 1, 2014, for multi- family residential use that consists of more than
26 dwelling units;
(4) for multi-family residential use premises that
units, on the date the city makes single stream recycling services available to the premises;
(5) effective October 1, 2012, for non- residential premises that consist of 100,000 or
more square feet of floor area;
(6) effective October 1, 2013, for non- residential premises that consist of 75,000 to
99,999 square feet of floor area;
(7) effective October 1, 2014, for non- residential premises that consist of 50,000 to
74,999 square feet of floor area;
(8) effective October 1, 2015, for non- residential premises that consist of 26,000 to
49,999 square feet of floor area; and
(9) for non-residential premises that consist of fewer than 26,000 square feet of floor
area, on the date the city makes single stream recycling services available to the premises.
(C) Except as otherwise provided in Section 15-6-91(D) Required Service Providers), the
owner or other person in control of a premises may apply to the director to deduct any square
footage of floor area at a premises attributable to a properly permitted restaurant use, food
service establishment, food processing plant, certified farmers market, licensed food preparation
facility, retail sales, manufacturing, or industrial use from the square footage calculation of
Section 15-6-91(B) (Required Service Providers) for the purposes of calculating compliance date
under Section 15-6-91 (Required Service Providers) if the owner or other person in control of the
premises submits an affidavit identifying the actual square footage of floor area at the location
attributable to specified use with a valid certificate of occupancy or approved site plan
documenting each use for which deduction is sought.
(D) Any square footage of floor area at a premises which is attributable to an office use
shall not be deducted from the total square footage of floor area at a premises for the purposes of
calculating compliance date under Section 15-6-91 (Required Service Providers).
(E) The owner or other person in control of a premises not currently or otherwise required
to provide on-site recycling service under Section 15-6-91(A) (Required Service Providers) shall
not be required to provide on-site recycling service under this article to any square footage of the
premises for which the director has approved a deduction from the calculations under Section 15-
6-91(C) (Required Service Providers).
Source: 1992 Code Section 12-3-141; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018.
§ 15-6-92 SERVICE DESCRIBED.
(A) A person required to provide recycling service under this article must:
(1) provide the service at least two times each month;
(2) collect at least two recyclable materials listed in rules adopted under this article
before November 3, 2010, from a business or building to which (A)(1) and (A)(2) of Section 15-
6-91 (Required Service Providers) apply;
(3) collect at least four recyclable materials listed in rules adopted under this article
before November 3, 2010, from a multi-family residential complex to which Section 15-6-
91(A)(3) (Required Service Providers) applies; and
(4) collect at least the following materials from a premises to which Section 15-6-91(B)
(Required Service Providers) applies: paper, plastic resins PETE and HDPE, aluminum,
cardboard, and glass;
(5) include recycling receptacles and recycling collection and storage areas that comply
with applicable rules; and
(6) properly handle the recyclable material by:
(a) collecting and transporting the recyclable materials to a state-recognized
materials recovery facility; or
(b) arranging for the collection and transport of the recyclable materials to a state-
recognized materials recovery facility.
(B) A person required to provide service to a property under this article may provide the
service personally or by contract with a recycling service provider that is listed on the Citys
recycling service provider registry. The director shall make available online at the Citys website
and by hard copy lists available at the offices of Solid Waste Services the names and contact
information for all recycling service providers validly register
(C) Not later than 365 days following the date when the City is able to make available to
service providers single stream recycling processing, any person, entity, premises or location
required to comply with the terms of this article will also be required to increase the types of
minimum materials to be accepted for on-site recycling at the premises to include any plastic
with resin identification code of PVC, PELD, PP, PS, or O; paper board; tin; and steel. The
Department shall adopt rules which identify an alternative compliance process whereby a
property owner or property manager can request approval from the director to substitute one of
the mandatory materials accepted for another acceptable recyclable material.
Source: 1992 Code Section 12-3-142; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018.
§ 15-6-93 EDUCATION.
(A) An owner or other person required to provide recycling service to a premises must
provide recycling information and instructions in accordance with rules adopted by the director
to:
(1) all premises tenants and employees annually;
(2) a new employee or tenant no later than the seventh day after the tenant occupies or
the employee begins work at the premises; and
(3) all employees or tenants not later than the 30th day after a change in the recycling
service offered at the premises.
(B) An owner or other person required to provide recycling service to a premises must
provide recycling information and instructions in accordance with rules adopted by the director
to:
(1) each business, tenant, or organization located at the premises annually;
(2) a business, tenant, or organization newly located to the premises not later than the
30th day after any change in occupancy; and
(3) all occupancies at the premises not later than the 30th day after a change in the
recycling service offered.
(C) Effective October 1, 2012, all information and documentation, including signage,
required to be provided to persons or posted as public information under this article must be
written in English and Spanish and include universal symbols as adopted by the director.
(D) Effective October 1, 2012, each container designated or used for collection and
disposal of materials to a state-recognized landfill must be prominently marked Landfill Trash
in English and Spanish language and in compliance with the rules adopted by the director.
(E) Effective October 1, 2012, each container designated or used for collection or transport
of materials to a state-recognized materials recovery facility shall be affixed with a sign that
includes:
(1) the universal chasing arrows recycling symbol;
(2) the type of materials accepted written in English and Spanish language; and
(3) the term Recycling.
Source: 1992 Code Section 12-3-143; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018.
Division 3. Reporting Requirements.
§ 15-6-101 RECYCLING PLAN.
(A) A person required to provide recycling service under this article shall file a recycling
plan with the department.
(B) A person shall file a recycling plan for a new business, building, or multi-family
residential complex not later than the 14th day after beginning operations and not later than the
180th day following any change in recycling service or recycling provider for the premises for
which compliance with this article is required.
(C) A plan must:
(1) be on a form prescribed by the director;
(2) list the materials to be recycled; and
(3) state whether the person will provide the service by self-hauling or by contract with
a recycling service provider.
Source: 1992 Code Section 12-3-161; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018.
§ 15-6-102 BIANNUAL VOLUME REPORT.
(A) A recycling service provider shall file a volume report twice each year that reflects
service provided by the recycling service provider to any premises required to comply with this
article. The recycling service provider shall file the volume report in compliance with the rules
adopted by the director.
(B) A person who owns or manages a premises required to comply with this article shall
file on behalf of each such premises a volume report twice each year that reflects any recycling
service to any such premises provided by a person not registered with the City as a recycling
service provider.
(C) A volume report must include:
(1) the volume and type of recyclable materials collected in the preceding reporting
period as specified in rules adopted by the director, and
(2) other documentation required by the director.
Source: 1992 Code Section 12-3-162; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018.
§ 15-6-103 NOTICE OF CONTRACT TERMINATION.
A person who provides recycling service under this article by contract with a recycling
service provider shall notify the department in writing not later the 14th day after the person
terminates the contract.
Source: 1992 Code Section 12-3-163; Ord. 031204-14; Ord. 031211-11.
§ 15-6-104 NOTICE OF CHANGE OF PROVIDER.
(A) A person required to provide recycling service shall notify the department in writing if
the person:
(1) discontinues self-hauling and contracts with a recycling service provider;
(2) terminates a contract with a provider licensed under Article 3 (Private Solid Waste
Collection Service) and enters a contract with a service provider that is not licensed under Article
3 (Private Solid Waste Collection Service); or
(3) terminates a contract with a service provider that is not licensed under Article 3
(Private Solid Waste Collection Service) and enters a contract with a service provider that is
licensed under Article 3 (Private Solid Waste Collection Service).
(B) A person shall file the notice required by this section with the department in accordance
with rules adopted by the director and concurrently with their required reporting under Section
15-6-102 (Biannual Volume Report).
Source: 1992 Code Section 12-3-164; Ord. 031204-14; Ord. 031211-11; Ord. 20101104-018.
Division 4. Registration Requirements.
§ 15-6-105 REGISTRATION OF RECYCLING AND COMPOSTING HAULERS AND
RECYCLING PROVIDERS.
(A) A person who owns, operates, or provides a recycling and composting hauler or
recycling processor business or service located within the territorial jurisdiction of the City or to
any premises within the territorial jurisdiction of the City shall submit to the director in
compliance with applicable rules adopted for such registration t
(1) physical address of operation;
(2) proof of insurance - annual commercial fleet policy;
(3) drivers licenses for company drivers, including commercial drivers licenses, if
applicable;
(4) proof that the recycling hauler or recycling processor is using the correct vehicle to
transport recyclable materials consistent with Section 15-6-42 (Vehicles and Equipment); and
(5) other documentation as specified in applicable rules for such registration adopted by
the director.
(B) A person who owns, operates, or provides a recycling processor business agrees as a
condition of such registration to submit to a random site inspection of their property or premises
upon request by the director to ensure that the processors operations are being conducted in
compliance with all applicable City Codes and regulations relating to land development, health
and safety, recycling, and nuisance abatement.
Source: Ord. 20101104-018.
AGENDA INFORMATION SHEET
AGENDA DATE:
February 14, 2012
DEPARTMENT:
Denton Municipal Electric (DME)
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT:
Receive a report and hold a discussion regarding the Combined Heat and Power Economic
Development District (CHP-EDD) in the airport industrial area of Denton, Texas.
BACKGROUND:
Dentons numerous amenities, including its universities, proximity to DFW, and competitive
electric rates, make it an attractive consideration for industries considering relocation. With the
creation of a Combined Heating and Power Economic Development District, Denton will be able
to offer industries the benefits of CHP by providing steam, chilled water, and natural gas thereby
giving Denton a vital competitive edge in attracting industrial businesses.
On April 5, 2011, the Texas senate passed the attached legislation, SB 1230, which allows the
City of Denton to designate a CHP EDD. This legislation also authorizes the City to sell natural
gas to industrial customers located in the CHP EDD.
The CHP EDD is planned to have a 3 mile radius centered north east of the Denton Airport
bordered in the north by University Drive and on the east by Interstate 35. At this time, DME is
presenting enabling language in the form of an ordinance creating the Denton CHP EDD.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
Presented to Economic Development Partnership Board on February 7, 2012
Presented to the Public Utility Board on February 13, 2012
FISCAL INFORMATION:
N/A
DATE SCHEDULED FOR COUNCIL DISCUSSION/APPROVAL:
February 21, 2012
EXHIBITS:
1. Senate Bill 1230
2. CHP-EDD ordinance
3. NAICS Codes
4. Power Point Presentation to be provided during the meeting.
Respectfully submitted,
_______________________________
Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
William A. Bunselmeyer
Energy Services & Business Development Manager
Denton Municipal Electric
S.B. No. 1230
AN ACT
relating to the construction and operation of combined heating and
power facilities in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 552, Local Government Code,
is amended by adding Section 552.913 to read as follows:
Sec. 552.913. COMBINED HEATING AND POWER SYSTEMS IN CERTAIN
MUNICIPALITIES. (a) This section applies only to a home-rule
municipality that:
(1) has a population of more than 100,000;
(2) owns and operates an electric utility that is a
member of a municipal power agency; and
(3) is located in a county adjacent to a county with a
population of more than two million.
(b) To the extent this section conflicts with a municipal
charter provision, this section controls.
(c) A municipality may buy, own, construct, maintain, and
operate a combined heating and power system or plant and related
infrastructure.
(d) The governing body of the municipality may designate a
Page - 1 -
S.B. No. 1230
combined heating and power economic development district that
includes territory that:
(1) is within three miles of the combined heating and
power plant;
(2) is wholly located within the corporate boundaries of
the municipality; and
(3) does not have an interstate or federal highway
located within the boundaries of the district on the date the
territory is designated.
(e) The municipality may sell an energy commodity from the
system or plant, including electricity, chilled water, steam, or
gas. The municipality may sell gas only to industrial customers
located in the combined heating and power economic development
district.
(f) The municipality shall assess fees against a municipal
entity selling gas to industrial customers in the combined heating
and power economic district that are substantially the same as the
Page -2 -
S.B. No. 1230
fees assessed against a gas utility that is not owned by the
municipality for occupation of a municipal right-of-way.
SECTION 2.This Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
Page -3 -
S.B. No. 1230
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1230 passed the Senate on
April 5, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1230 passed the House on
April 26, 2011, by the following vote: Yeas 148, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
Page -4 -
S.B. No. 1230
______________________________
Date
______________________________
Governor
Page -5 -
Exhibit3
NorthAmericanIndustryClassificationSystem‘Code22
22Utilities
Utilities
221
2211Electric Power Generation, Transmission and Distribution
22111 Electric Power Generation
221111 Hydroelectric Power Generation
221112 Fossil Fuel Electric Power Generation
221113 Nuclear Electric Power Generation
221119 Other Electric Power Generation
22112 Electric Power Transmission, Control, and Distribution
221121 Electric Bulk Power Transmission and Control
221122 Electric Power Distribution
22133 Steam and Air-Conditioning Supply
221330 Steam and Air-Conditioning Supply
1|Page
Exhibit3
NorthAmericanIndustryClassificationSystem‘SICCode31
31Manufacturing
Food Manufacturing
311
3111Animal Food Manufacturing
31111 Animal Food Manufacturing
311111 Dog and Cat Food Manufacturing
311119 Other Animal Food Manufacturing
3112Grain and Oilseed Milling
31121 Flour Milling and Malt Manufacturing
311211 Flour Milling
311212 Rice Milling
311213 Malt Manufacturing
31122 Starch and Vegetable Fats and Oils Manufacturing
311221 Wet Corn Milling
311222 Soybean Processing
311223 Other Oilseed Processing
311225 Fats and Oils Refining and Blending
31123 Breakfast Cereal Manufacturing
311230 Breakfast Cereal Manufacturing
3113Sugar and Confectionery Product Manufacturing
31131 Sugar Manufacturing
311311 Sugarcane Mills
311312 Cane Sugar Refining
311313 Beet Sugar Manufacturing
31132 Chocolate and Confectionery Manufacturing from Cacao Beans
311320 Chocolate and Confectionery Manufacturing from Cacao Beans
31133 Confectionery Manufacturing from Purchased Chocolate
311330 Confectionery Manufacturing from Purchased Chocolate
31134 Nonchocolate Confectionery Manufacturing
2|Page
Exhibit3
311340 Nonchocolate Confectionery Manufacturing
3114Fruit and Vegetable Preserving and Specialty Food Manufacturing
31141 Frozen Food Manufacturing
311411 Frozen Fruit, Juice, and Vegetable Manufacturing
Frozen Specialty Food Manufacturing
311412
31142 Fruit and Vegetable Canning, Pickling, and Drying
311421 Fruit and Vegetable Canning
311422 Specialty Canning
311423 Dried and Dehydrated Food Manufacturing
3115Dairy Product Manufacturing
31151 Dairy Product (except Frozen) Manufacturing
311511 Fluid Milk Manufacturing
311512 Creamery Butter Manufacturing
311513 Cheese Manufacturing
311514 Dry, Condensed, and Evaporated Dairy Product Manufacturing
31152 Ice Cream and Frozen Dessert Manufacturing
311520 Ice Cream and Frozen Dessert Manufacturing
3116Animal Slaughtering and Processing
31161 Animal Slaughtering and Processing
311611 Animal (except Poultry) Slaughtering
311612 Meat Processed from Carcasses
311613 Rendering and Meat Byproduct Processing
311615 Poultry Processing
3117Seafood Product Preparation and Packaging
31171 Seafood Product Preparation and Packaging
311711 Seafood Canning
311712 Fresh and Frozen Seafood Processing
3118Bakeries and Tortilla Manufacturing
31181 Bread and Bakery Product Manufacturing
311811 Retail Bakeries
311812 Commercial Bakeries
3|Page
Exhibit3
311813 Frozen Cakes, Pies, and Other Pastries Manufacturing
31182 Cookie, Cracker, and Pasta Manufacturing
311821 Cookie and Cracker Manufacturing
311822 Flour Mixes and Dough Manufacturing from Purchased Flour
Dry Pasta Manufacturing
311823
31183 Tortilla Manufacturing
311830 Tortilla Manufacturing
3119Other Food Manufacturing
31191 Snack Food Manufacturing
311911 Roasted Nuts and Peanut Butter Manufacturing
311919 Other Snack Food Manufacturing
31192 Coffee and Tea Manufacturing
311920 Coffee and Tea Manufacturing
31193 Flavoring Syrup and Concentrate Manufacturing
311930 Flavoring Syrup and Concentrate Manufacturing
31194 Seasoning and Dressing Manufacturing
311941 Mayonnaise, Dressing, and Other Prepared Sauce Manufacturing
311942 Spice and Extract Manufacturing
31199 All Other Food Manufacturing
311991 Perishable Prepared Food Manufacturing
311999 All Other Miscellaneous Food Manufacturing
312Beverage and Tobacco Product Manufacturing
3121Beverage Manufacturing
31211 Soft Drink and Ice Manufacturing
312111 Soft Drink Manufacturing
312112 Bottled Water Manufacturing
312113 Ice Manufacturing
31212 Breweries
312120 Breweries
31213 Wineries
312130 Wineries
4|Page
Exhibit3
31214 Distilleries
312140 Distilleries
3122Tobacco Manufacturing
31221 Tobacco Stemming and Redrying
Tobacco Stemming and Redrying
312210
31222 Tobacco Product Manufacturing
312221 Cigarette Manufacturing
312229 Other Tobacco Product Manufacturing
313Textile Mills
3131Fiber, Yarn, and Thread Mills
31311 Fiber, Yarn, and Thread Mills
313111 Yarn Spinning Mills
313112 Yarn Texturizing, Throwing, and Twisting Mills
313113 Thread Mills
3132Fabric Mills
31321 Broadwoven Fabric Mills
313210 Broadwoven Fabric Mills
31322 Narrow Fabric Mills and Schiffli Machine Embroidery
313221 Narrow Fabric Mills
313222 Schiffli Machine Embroidery
31323 Nonwoven Fabric Mills
313230 Nonwoven Fabric Mills
31324 Knit Fabric Mills
313241 Weft Knit Fabric Mills
313249 Other Knit Fabric and Lace Mills
3133Textile and Fabric Finishing and Fabric Coating Mills
31331 Textile and Fabric Finishing Mills
313311 Broadwoven Fabric Finishing Mills
313312 Textile and Fabric Finishing (except Broadwoven Fabric) Mills
31332 Fabric Coating Mills
313320 Fabric Coating Mills
5|Page
Exhibit3
314Textile Product Mills
3141Textile Furnishings Mills
31411 Carpet and Rug Mills
314110 Carpet and Rug Mills
Curtain and Linen Mills
31412
314121 Curtain and Drapery Mills
314129 Other Household Textile Product Mills
3149Other Textile Product Mills
31491 Textile Bag and Canvas Mills
314911 Textile Bag Mills
314912 Canvas and Related Product Mills
31499 All Other Textile Product Mills
314991 Rope, Cordage, and Twine Mills
314992 Tire Cord and Tire Fabric Mills
314999 All Other Miscellaneous Textile Product Mills
315Apparel Manufacturing
3151Apparel Knitting Mills
31511 Hosiery and Sock Mills
315111 Sheer Hosiery Mills
315119 Other Hosiery and Sock Mills
31519 Other Apparel Knitting Mills
315191 Outerwear Knitting Mills
315192 Underwear and Nightwear Knitting Mills
3152Cut and Sew Apparel Manufacturing
31521 Cut and Sew Apparel Contractors
315211 Mens and Boys' Cut and Sew Apparel Contractors
315212 Womens, Girls', and Infants' Cut and Sew Apparel Contractors
31522 Mens and Boys' Cut and Sew Apparel Manufacturing
315221 Mens and Boys' Cut and Sew Underwear and Nightwear Manufacturing
315222 Mens and Boys' Cut and Sew Suit, Coat, and Overcoat Manufactu
315223 Mens and Boys' Cut and Sew Shirt (except Work Shirt) Manufacturing
6|Page
Exhibit3
315224 Mens and Boys' Cut and Sew Trouser, Slack, and Jean Manufacturing
315225 Mens and Boys' Cut and Sew Work Clothing Manufacturing
315228 Mens and Boys' Cut and Sew Other Outerwear Manufacturing
31523 Womens and Girls' Cut and Sew Apparel Manufacturing
Womens and Girls' Cut and Sew Lingerie, Loungewear, and Nightwear
315231
Manufacturing
315232 Womens and Girls' Cut and Sew Blouse and Shirt Manufacturing
315233 Womens and Girls' Cut and Sew Dress Manufacturing
315234 Womens and Girls' Cut and Sew Suit, Coat, Tailored Jacket, and Skirt
Manufacturing
315239 Womens and Girls' Cut and Sew Other Outerwear Manufacturing
31529 Other Cut and Sew Apparel Manufacturing
315291 Infants Cut and Sew Apparel Manufacturing
315292 Fur and Leather Apparel Manufacturing
315299 All Other Cut and Sew Apparel Manufacturing
3159Apparel Accessories and Other Apparel Manufacturing
31599 Apparel Accessories and Other Apparel Manufacturing
315991 Hat, Cap, and Millinery Manufacturing
315992 Glove and Mitten Manufacturing
315993 Mens and Boys' Neckwear Manufacturing
315999 Other Apparel Accessories and Other Apparel Manufacturing
316Leather and Allied Product Manufacturing
3161Leather and Hide Tanning and Finishing
31611 Leather and Hide Tanning and Finishing
316110 Leather and Hide Tanning and Finishing
3162Footwear Manufacturing
31621 Footwear Manufacturing
316211 Rubber and Plastics Footwear Manufacturing
316212 House Slipper Manufacturing
316213 Mens Footwear (except Athletic) Manufacturing
316214 Womens Footwear (except Athletic) Manufacturing
316219 Other Footwear Manufacturing
7|Page
Exhibit3
3169Other Leather and Allied Product Manufacturing
31699 Other Leather and Allied Product Manufacturing
316991 Luggage Manufacturing
316992 Womens Handbag and Purse Manufacturing
Personal Leather Good (except Womens Handbag and Purse) Manufacturing
316993
316999 All Other Leather Good and Allied Product Manufacturing
8|Page
Exhibit3
NorthAmericanIndustryClassificationSystem‘SICCode32
321Wood Product Manufacturing
Sawmills and Wood Preservation
3211
32111 Sawmills and Wood Preservation
321113 Sawmills
321114 Wood Preservation
3212Veneer, Plywood, and Engineered Wood Product Manufacturing
32121 Veneer, Plywood, and Engineered Wood Product Manufacturing
321211 Hardwood Veneer and Plywood Manufacturing
321212 Softwood Veneer and Plywood Manufacturing
321213 Engineered Wood Member (except Truss) Manufacturing
321214 Truss Manufacturing
321219 Reconstituted Wood Product Manufacturing
3219Other Wood Product Manufacturing
32191 Millwork
321911 Wood Window and Door Manufacturing
321912 Cut Stock, Resawing Lumber, and Planing
321918 Other Millwork (including Flooring)
32192 Wood Container and Pallet Manufacturing
321920 Wood Container and Pallet Manufacturing
32199 All Other Wood Product Manufacturing
321991 Manufactured Home (Mobile Home) Manufacturing
321992 Prefabricated Wood Building Manufacturing
321999 All Other Miscellaneous Wood Product Manufacturing
322Paper Manufacturing
3221Pulp, Paper, and Paperboard Mills
32211 Pulp Mills
322110 Pulp Mills
32212 Paper Mills
9|Page
Exhibit3
322121 Paper (except Newsprint) Mills
322122 Newsprint Mills
32213 Paperboard Mills
322130 Paperboard Mills
Converted Paper Product Manufacturing
3222
32221 Paperboard Container Manufacturing
322211 Corrugated and Solid Fiber Box Manufacturing
322212 Folding Paperboard Box Manufacturing
322213 Setup Paperboard Box Manufacturing
322214 Fiber Can, Tube, Drum, and Similar Products Manufacturing
322215 Nonfolding Sanitary Food Container Manufacturing
32222 Paper Bag and Coated and Treated Paper Manufacturing
322221 Coated and Laminated Packaging Paper Manufacturing
322222 Coated and Laminated Paper Manufacturing
322223 Coated Paper Bag and Pouch Manufacturing
322224 Uncoated Paper and Multiwall Bag Manufacturing
322225 Laminated Aluminum Foil Manufacturing for Flexible Packaging Uses
322226 Surface-Coated Paperboard Manufacturing
32223 Stationery Product Manufacturing
322231 Die-Cut Paper and Paperboard Office Supplies Manufacturing
322232 Envelope Manufacturing
322233 Stationery, Tablet, and Related Product Manufacturing
32229 Other Converted Paper Product Manufacturing
322291 Sanitary Paper Product Manufacturing
322299 All Other Converted Paper Product Manufacturing
323Printing and Related Support Activities
3231Printing and Related Support Activities
32311 Printing
323110 Commercial Lithographic Printing
323111 Commercial Gravure Printing
323112 Commercial Flexographic Printing
10|Page
Exhibit3
323113 Commercial Screen Printing
323114 Quick Printing
323115 Digital Printing
323116 Manifold Business Forms Printing
Books Printing
323117
323118 Blankbook, Looseleaf Binders, and Devices Manufacturing
323119 Other Commercial Printing
32312 Support Activities for Printing
323121 Tradebinding and Related Work
323122 Prepress Services
324Petroleum and Coal Products Manufacturing
3241Petroleum and Coal Products Manufacturing
32411 Petroleum Refineries
324110 Petroleum Refineries
32412 Asphalt Paving, Roofing, and Saturated Materials Manufacturing
324121 Asphalt Paving Mixture and Block Manufacturing
324122 Asphalt Shingle and Coating Materials Manufacturing
32419 Other Petroleum and Coal Products Manufacturing
324191 Petroleum Lubricating Oil and Grease Manufacturing
324199 All Other Petroleum and Coal Products Manufacturing
325Chemical Manufacturing
3251Basic Chemical Manufacturing
32511 Petrochemical Manufacturing
325110 Petrochemical Manufacturing
32512 Industrial Gas Manufacturing
325120 Industrial Gas Manufacturing
32513 Synthetic Dye and Pigment Manufacturing
325131 Inorganic Dye and Pigment Manufacturing
325132 Synthetic Organic Dye and Pigment Manufacturing
32518 Other Basic Inorganic Chemical Manufacturing
325181 Alkalies and Chlorine Manufacturing
11|Page
Exhibit3
325182 Carbon Black Manufacturing
325188 All Other Basic Inorganic Chemical Manufacturing
32519 Other Basic Organic Chemical Manufacturing
325191 Gum and Wood Chemical Manufacturing
Cyclic Crude and Intermediate Manufacturing
325192
325193 Ethyl Alcohol Manufacturing
325199 All Other Basic Organic Chemical Manufacturing
3252Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments
Manufacturing
32521 Resin and Synthetic Rubber Manufacturing
325211 Plastics Material and Resin Manufacturing
325212 Synthetic Rubber Manufacturing
32522 Artificial and Synthetic Fibers and Filaments Manufacturing
325221 Cellulosic Organic Fiber Manufacturing
325222 Noncellulosic Organic Fiber Manufacturing
3253Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
32531 Fertilizer Manufacturing
325311 Nitrogenous Fertilizer Manufacturing
325312 Phosphatic Fertilizer Manufacturing
325314 Fertilizer (Mixing Only) Manufacturing
32532 Pesticide and Other Agricultural Chemical Manufacturing
325320 Pesticide and Other Agricultural Chemical Manufacturing
3254Pharmaceutical and Medicine Manufacturing
32541 Pharmaceutical and Medicine Manufacturing
325411 Medicinal and Botanical Manufacturing
325412 Pharmaceutical Preparation Manufacturing
325413 In-Vitro Diagnostic Substance Manufacturing
325414 Biological Product (except Diagnostic) Manufacturing
3255Paint, Coating, and Adhesive Manufacturing
32551 Paint and Coating Manufacturing
325510 Paint and Coating Manufacturing
12|Page
Exhibit3
32552 Adhesive Manufacturing
325520 Adhesive Manufacturing
3256Soap, Cleaning Compound, and Toilet Preparation Manufacturing
32561 Soap and Cleaning Compound Manufacturing
Soap and Other Detergent Manufacturing
325611
325612 Polish and Other Sanitation Good Manufacturing
325613 Surface Active Agent Manufacturing
32562 Toilet Preparation Manufacturing
325620 Toilet Preparation Manufacturing
3259Other Chemical Product and Preparation Manufacturing
32591 Printing Ink Manufacturing
325910 Printing Ink Manufacturing
32592 Explosives Manufacturing
325920 Explosives Manufacturing
32599 All Other Chemical Product and Preparation Manufacturing
325991 Custom Compounding of Purchased Resins
325992 Photographic Film, Paper, Plate, and Chemical Manufacturing
325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing
326Plastics and Rubber Products Manufacturing
3261Plastics Product Manufacturing
32611 Plastics Packaging Materials and Unlaminated Film and Sheet Manufacturing
326111 Plastics Bag and Pouch Manufacturing
326112 Plastics Packaging Film and Sheet (including Laminated) Manufacturing
326113 Unlaminated Plastics Film and Sheet (except Packaging) Manufacturing
32612 Plastics Pipe, Pipe Fitting, and Unlaminated Profile Shape Manufacturing
326121 Unlaminated Plastics Profile Shape Manufacturing
326122 Plastics Pipe and Pipe Fitting Manufacturing
32613 Laminated Plastics Plate, Sheet (except Packaging), and Shape
326130 Laminated Plastics Plate, Sheet (except Packaging), and Shape
Manufacturing
32614 Polystyrene Foam Product Manufacturing
13|Page
Exhibit3
326140 Polystyrene Foam Product Manufacturing
32615 Urethane and Other Foam Product (except Polystyrene) Manufacturing
326150 Urethane and Other Foam Product (except Polystyrene) Manufacturing
32616 Plastics Bottle Manufacturing
Plastics Bottle Manufacturing
326160
32619 Other Plastics Product Manufacturing
326191 Plastics Plumbing Fixture Manufacturing
326192 Resilient Floor Covering Manufacturing
326199 All Other Plastics Product Manufacturing
3262Rubber Product Manufacturing
32621 Tire Manufacturing
326211 Tire Manufacturing (except Retreading)
326212 Tire Retreading
32622 Rubber and Plastics Hoses and Belting Manufacturing
326220 Rubber and Plastics Hoses and Belting Manufacturing
32629 Other Rubber Product Manufacturing
326291 Rubber Product Manufacturing for Mechanical Use
326299 All Other Rubber Product Manufacturing
327Nonmetallic Mineral Product Manufacturing
3271Clay Product and Refractory Manufacturing
32711 Pottery, Ceramics, and Plumbing Fixture Manufacturing
327111 Vitreous China Plumbing Fixture and China and Earthenware Bathroom
Accessories Manufacturing
327112 Vitreous China, Fine Earthenware, and Other Pottery Product Manufacturing
327113 Porcelain Electrical Supply Manufacturing
32712 Clay Building Material and Refractories Manufacturing
327121 Brick and Structural Clay Tile Manufacturing
327122 Ceramic Wall and Floor Tile Manufacturing
327123 Other Structural Clay Product Manufacturing
327124 Clay Refractory Manufacturing
327125 Nonclay Refractory Manufacturing
14|Page
Exhibit3
3272Glass and Glass Product Manufacturing
32721 Glass and Glass Product Manufacturing
327211 Flat Glass Manufacturing
327212 Other Pressed and Blown Glass and Glassware Manufacturing
Glass Container Manufacturing
327213
327215 Glass Product Manufacturing Made of Purchased Glass
3273Cement and Concrete Product Manufacturing
32731 Cement Manufacturing
327310 Cement Manufacturing
32732 Ready-Mix Concrete Manufacturing
327320 Ready-Mix Concrete Manufacturing
32733 Concrete Pipe, Brick, and Block Manufacturing
327331 Concrete Block and Brick Manufacturing
327332 Concrete Pipe Manufacturing
32739 Other Concrete Product Manufacturing
327390 Other Concrete Product Manufacturing
3274Lime and Gypsum Product Manufacturing
32741 Lime Manufacturing
327410 Lime Manufacturing
32742 Gypsum Product Manufacturing
327420 Gypsum Product Manufacturing
3279Other Nonmetallic Mineral Product Manufacturing
32791 Abrasive Product Manufacturing
327910 Abrasive Product Manufacturing
32799 All Other Nonmetallic Mineral Product Manufacturing
327991 Cut Stone and Stone Product Manufacturing
327992 Ground or Treated Mineral and Earth Manufacturing
327993 Mineral Wool Manufacturing
327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing
15|Page
Exhibit3
NorthAmericanIndustryClassificationSystem‘SICCode33
331Primary Metal Manufacturing
Iron and Steel Mills and Ferroalloy Manufacturing
3311
33111 Iron and Steel Mills and Ferroalloy Manufacturing
331111 Iron and Steel Mills
Electrometallurgical Ferroalloy Product Manufacturing
331112
3312Steel Product Manufacturing from Purchased Steel
33121 Iron and Steel Pipe and Tube Manufacturing from Purchased Steel
331210 Iron and Steel Pipe and Tube Manufacturing from Purchased Steel
33122 Rolling and Drawing of Purchased Steel
331221 Rolled Steel Shape Manufacturing
331222 Steel Wire Drawing
3313Alumina and Aluminum Production and Processing
33131 Alumina and Aluminum Production and Processing
331311 Alumina Refining
331312 Primary Aluminum Production
331314 Secondary Smelting and Alloying of Aluminum
331315 Aluminum Sheet, Plate, and Foil Manufacturing
331316 Aluminum Extruded Product Manufacturing
331319 Other Aluminum Rolling and Drawing
3314Nonferrous Metal (except Aluminum) Production and Processing
33141 Nonferrous Metal (except Aluminum) Smelting and Refining
331411 Primary Smelting and Refining of Copper
331419 Primary Smelting and Refining of Nonferrous Metal (except Cop
Aluminum)
33142 Copper Rolling, Drawing, Extruding, and Alloying
331421 Copper Rolling, Drawing, and Extruding
331422 Copper Wire (except Mechanical) Drawing
331423 Secondary Smelting, Refining, and Alloying of Copper
33149 Nonferrous Metal (except Copper and Aluminum) Rolling, Drawin
Extruding, and Alloying
16|Page
Exhibit3
331491 Nonferrous Metal (except Copper and Aluminum) Rolling, Drawing, and
Extruding
331492 Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except
Copper and Aluminum)
3315Foundries
33151 Ferrous Metal Foundries
331511 Iron Foundries
331512 Steel Investment Foundries
331513 Steel Foundries (except Investment)
33152 Nonferrous Metal Foundries
331521 Aluminum Die-Casting Foundries
331522 Nonferrous (except Aluminum) Die-Casting Foundries
331524 Aluminum Foundries (except Die-Casting)
331525 Copper Foundries (except Die-Casting)
331528 Other Nonferrous Foundries (except Die-Casting)
332Fabricated Metal Product Manufacturing
3321Forging and Stamping
33211 Forging and Stamping
332111 Iron and Steel Forging
332112 Nonferrous Forging
332114 Custom Roll Forming
332115 Crown and Closure Manufacturing
332116 Metal Stamping
332117 Powder Metallurgy Part Manufacturing
3322Cutlery and Handtool Manufacturing
33221 Cutlery and Handtool Manufacturing
332211 Cutlery and Flatware (except Precious) Manufacturing
332212 Hand and Edge Tool Manufacturing
332213 Saw Blade and Handsaw Manufacturing
332214 Kitchen Utensil, Pot, and Pan Manufacturing
3323Architectural and Structural Metals Manufacturing
33231 Plate Work and Fabricated Structural Product Manufacturing
17|Page
Exhibit3
332311 Prefabricated Metal Building and Component Manufacturing
332312 Fabricated Structural Metal Manufacturing
332313 Plate Work Manufacturing
33232 Ornamental and Architectural Metal Products Manufacturing
Metal Window and Door Manufacturing
332321
332322 Sheet Metal Work Manufacturing
332323 Ornamental and Architectural Metal Work Manufacturing
3324Boiler, Tank, and Shipping Container Manufacturing
33241 Power Boiler and Heat Exchanger Manufacturing
332410 Power Boiler and Heat Exchanger Manufacturing
33242 Metal Tank (Heavy Gauge) Manufacturing
332420 Metal Tank (Heavy Gauge) Manufacturing
33243 Metal Can, Box, and Other Metal Container (Light Gauge) Manufacturing
332431 Metal Can Manufacturing
332439 Other Metal Container Manufacturing
3325Hardware Manufacturing
33251 Hardware Manufacturing
332510 Hardware Manufacturing
3326Spring and Wire Product Manufacturing
33261 Spring and Wire Product Manufacturing
332611 Spring (Heavy Gauge) Manufacturing
332612 Spring (Light Gauge) Manufacturing
332618 Other Fabricated Wire Product Manufacturing
3327Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing
33271 Machine Shops
332710 Machine Shops
33272 Turned Product and Screw, Nut, and Bolt Manufacturing
332721 Precision Turned Product Manufacturing
332722 Bolt, Nut, Screw, Rivet, and Washer Manufacturing
3328Coating, Engraving, Heat Treating, and Allied Activities
33281 Coating, Engraving, Heat Treating, and Allied Activities
18|Page
Exhibit3
332811 Metal Heat Treating
332812 Metal Coating, Engraving (except Jewelry and Silverware), and Allied
Services to Manufacturers
332813 Electroplating, Plating, Polishing, Anodizing, and Coloring
3329Other Fabricated Metal Product Manufacturing
33291 Metal Valve Manufacturing
332911 Industrial Valve Manufacturing
332912 Fluid Power Valve and Hose Fitting Manufacturing
332913 Plumbing Fixture Fitting and Trim Manufacturing
332919 Other Metal Valve and Pipe Fitting Manufacturing
33299 All Other Fabricated Metal Product Manufacturing
332991 Ball and Roller Bearing Manufacturing
332992 Small Arms Ammunition Manufacturing
332993 Ammunition (except Small Arms) Manufacturing
332994 Small Arms Manufacturing
332995 Other Ordnance and Accessories Manufacturing
332996 Fabricated Pipe and Pipe Fitting Manufacturing
332997 Industrial Pattern Manufacturing
332998 Enameled Iron and Metal Sanitary Ware Manufacturing
332999 All Other Miscellaneous Fabricated Metal Product Manufacturing
333Machinery Manufacturing
3331Agriculture, Construction, and Mining Machinery Manufacturing
33311 Agricultural Implement Manufacturing
333111 Farm Machinery and Equipment Manufacturing
333112 Lawn and Garden Tractor and Home Lawn and Garden Equipment
Manufacturing
33312 Construction Machinery Manufacturing
333120 Construction Machinery Manufacturing
33313 Mining and Oil and Gas Field Machinery Manufacturing
333131 Mining Machinery and Equipment Manufacturing
333132 Oil and Gas Field Machinery and Equipment Manufacturing
3332Industrial Machinery Manufacturing
19|Page
Exhibit3
33321 Sawmill and Woodworking Machinery Manufacturing
333210 Sawmill and Woodworking Machinery Manufacturing
33322 Plastics and Rubber Industry Machinery Manufacturing
333220 Plastics and Rubber Industry Machinery Manufacturing
Other Industrial Machinery Manufacturing
33329
333291 Paper Industry Machinery Manufacturing
333292 Textile Machinery Manufacturing
333293 Printing Machinery and Equipment Manufacturing
333294 Food Product Machinery Manufacturing
333295 Semiconductor Machinery Manufacturing
333298 All Other Industrial Machinery Manufacturing
3333Commercial and Service Industry Machinery Manufacturing
33331 Commercial and Service Industry Machinery Manufacturing
333311 Automatic Vending Machine Manufacturing
333312 Commercial Laundry, Drycleaning, and Pressing Machine Manufacturing
333313 Office Machinery Manufacturing
333314 Optical Instrument and Lens Manufacturing
333315 Photographic and Photocopying Equipment Manufacturing
333319 Other Commercial and Service Industry Machinery Manufacturing
3334Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration
Equipment Manufacturing
33341 Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration
Equipment Manufacturing
333411 Air Purification Equipment Manufacturing
333412 Industrial and Commercial Fan and Blower Manufacturing
333414 Heating Equipment (except Warm Air Furnaces) Manufacturing
333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and
Industrial Refrigeration Equipment Manufacturing
3335Metalworking Machinery Manufacturing
33351 Metalworking Machinery Manufacturing
333511 Industrial Mold Manufacturing
333512 Machine Tool (Metal Cutting Types) Manufacturing
20|Page
Exhibit3
333513 Machine Tool (Metal Forming Types) Manufacturing
333514 Special Die and Tool, Die Set, Jig, and Fixture Manufacturing
333515 Cutting Tool and Machine Tool Accessory Manufacturing
333516 Rolling Mill Machinery and Equipment Manufacturing
Other Metalworking Machinery Manufacturing
333518
3336Engine, Turbine, and Power Transmission Equipment Manufacturing
33361 Engine, Turbine, and Power Transmission Equipment Manufacturing
333611 Turbine and Turbine Generator Set Units Manufacturing
333612 Speed Changer, Industrial High-Speed Drive, and Gear Manufacturing
333613 Mechanical Power Transmission Equipment Manufacturing
333618 Other Engine Equipment Manufacturing
3339Other General Purpose Machinery Manufacturing
33391 Pump and Compressor Manufacturing
333911 Pump and Pumping Equipment Manufacturing
333912 Air and Gas Compressor Manufacturing
333913 Measuring and Dispensing Pump Manufacturing
33392 Material Handling Equipment Manufacturing
333921 Elevator and Moving Stairway Manufacturing
333922 Conveyor and Conveying Equipment Manufacturing
333923 Overhead Traveling Crane, Hoist, and Monorail System Manufacturing
333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing
33399 All Other General Purpose Machinery Manufacturing
333991 Power-Driven Handtool Manufacturing
333992 Welding and Soldering Equipment Manufacturing
333993 Packaging Machinery Manufacturing
333994 Industrial Process Furnace and Oven Manufacturing
333995 Fluid Power Cylinder and Actuator Manufacturing
333996 Fluid Power Pump and Motor Manufacturing
333997 Scale and Balance Manufacturing
333999 All Other Miscellaneous General Purpose Machinery Manufacturing
334Computer and Electronic Product Manufacturing
21|Page
Exhibit3
3341Computer and Peripheral Equipment Manufacturing
33411 Computer and Peripheral Equipment Manufacturing
334111 Electronic Computer Manufacturing
334112 Computer Storage Device Manufacturing
Computer Terminal Manufacturing
334113
334119 Other Computer Peripheral Equipment Manufacturing
3342Communications Equipment Manufacturing
33421 Telephone Apparatus Manufacturing
334210 Telephone Apparatus Manufacturing
33422 Radio and Television Broadcasting and Wireless Communications Equipment
Manufacturing
334220 Radio and Television Broadcasting and Wireless Communications Equipment
Manufacturing
33429 Other Communications Equipment Manufacturing
334290 Other Communications Equipment Manufacturing
3343Audio and Video Equipment Manufacturing
33431 Audio and Video Equipment Manufacturing
334310 Audio and Video Equipment Manufacturing
3344Semiconductor and Other Electronic Component Manufacturing
33441 Semiconductor and Other Electronic Component Manufacturing
334411 Electron Tube Manufacturing
334412 Bare Printed Circuit Board Manufacturing
334413 Semiconductor and Related Device Manufacturing
334414 Electronic Capacitor Manufacturing
334415 Electronic Resistor Manufacturing
334416 Electronic Coil, Transformer, and Other Inductor Manufacturing
334417 Electronic Connector Manufacturing
334418 Printed Circuit Assembly (Electronic Assembly) Manufacturing
334419 Other Electronic Component Manufacturing
3345Navigational, Measuring, Electromedical, and Control Instruments
Manufacturing
33451 Navigational, Measuring, Electromedical, and Control Instrume
22|Page
Exhibit3
Manufacturing
334510 Electromedical and Electrotherapeutic Apparatus Manufacturing
334511 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System
and Instrument Manufacturing
334512 Automatic Environmental Control Manufacturing for Residential,
Commercial, and Appliance Use
334513 Instruments and Related Products Manufacturing for Measuring, Displaying,
and Controlling Industrial Process Variables
334514 Totalizing Fluid Meter and Counting Device Manufacturing
334515 Instrument Manufacturing for Measuring and Testing Electricity and
Electrical Signals
334516 Analytical Laboratory Instrument Manufacturing
334517 Irradiation Apparatus Manufacturing
334518 Watch, Clock, and Part Manufacturing
334519 Other Measuring and Controlling Device Manufacturing
3346Manufacturing and Reproducing Magnetic and Optical Media
33461 Manufacturing and Reproducing Magnetic and Optical Media
334611 Software Reproducing
334612 Prerecorded Compact Disc (except Software), Tape, and Record Reproducing
334613 Magnetic and Optical Recording Media Manufacturing
335Electrical Equipment, Appliance, and Component Manufacturing
3351Electric Lighting Equipment Manufacturing
33511 Electric Lamp Bulb and Part Manufacturing
335110 Electric Lamp Bulb and Part Manufacturing
33512 Lighting Fixture Manufacturing
335121 Residential Electric Lighting Fixture Manufacturing
335122 Commercial, Industrial, and Institutional Electric Lighting Fixture
Manufacturing
335129 Other Lighting Equipment Manufacturing
3352Household Appliance Manufacturing
33521 Small Electrical Appliance Manufacturing
335211 Electric Housewares and Household Fan Manufacturing
335212 Household Vacuum Cleaner Manufacturing
23|Page
Exhibit3
33522 Major Appliance Manufacturing
335221 Household Cooking Appliance Manufacturing
335222 Household Refrigerator and Home Freezer Manufacturing
335224 Household Laundry Equipment Manufacturing
Other Major Household Appliance Manufacturing
335228
3353Electrical Equipment Manufacturing
33531 Electrical Equipment Manufacturing
335311 Power, Distribution, and Specialty Transformer Manufacturing
335312 Motor and Generator Manufacturing
335313 Switchgear and Switchboard Apparatus Manufacturing
335314 Relay and Industrial Control Manufacturing
3359Other Electrical Equipment and Component Manufacturing
33591 Battery Manufacturing
335911 Storage Battery Manufacturing
335912 Primary Battery Manufacturing
33592 Communication and Energy Wire and Cable Manufacturing
335921 Fiber Optic Cable Manufacturing
335929 Other Communication and Energy Wire Manufacturing
33593 Wiring Device Manufacturing
335931 Current-Carrying Wiring Device Manufacturing
335932 Noncurrent-Carrying Wiring Device Manufacturing
33599 All Other Electrical Equipment and Component Manufacturing
335991 Carbon and Graphite Product Manufacturing
335999 All Other Miscellaneous Electrical Equipment and Component
Manufacturing
336Transportation Equipment Manufacturing
3361Motor Vehicle Manufacturing
33611 Automobile and Light Duty Motor Vehicle Manufacturing
336111 Automobile Manufacturing
336112 Light Truck and Utility Vehicle Manufacturing
33612 Heavy Duty Truck Manufacturing
24|Page
Exhibit3
336120 Heavy Duty Truck Manufacturing
3362Motor Vehicle Body and Trailer Manufacturing
33621 Motor Vehicle Body and Trailer Manufacturing
336211 Motor Vehicle Body Manufacturing
Truck Trailer Manufacturing
336212
336213 Motor Home Manufacturing
336214 Travel Trailer and Camper Manufacturing
3363Motor Vehicle Parts Manufacturing
33631 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing
336311 Carburetor, Piston, Piston Ring, and Valve Manufacturing
336312 Gasoline Engine and Engine Parts Manufacturing
33632 Motor Vehicle Electrical and Electronic Equipment Manufacturing
336321 Vehicular Lighting Equipment Manufacturing
336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing
33633 Motor Vehicle Steering and Suspension Components (except Spring)
Manufacturing
336330 Motor Vehicle Steering and Suspension Components (except Spring)
Manufacturing
33634 Motor Vehicle Brake System Manufacturing
336340 Motor Vehicle Brake System Manufacturing
33635 Motor Vehicle Transmission and Power Train Parts Manufacturing
336350 Motor Vehicle Transmission and Power Train Parts Manufacturing
33636 Motor Vehicle Seating and Interior Trim Manufacturing
336360 Motor Vehicle Seating and Interior Trim Manufacturing
33637 Motor Vehicle Metal Stamping
336370 Motor Vehicle Metal Stamping
33639 Other Motor Vehicle Parts Manufacturing
336391 Motor Vehicle Air-Conditioning Manufacturing
336399 All Other Motor Vehicle Parts Manufacturing
3364Aerospace Product and Parts Manufacturing
33641 Aerospace Product and Parts Manufacturing
336411 Aircraft Manufacturing
25|Page
Exhibit3
336412 Aircraft Engine and Engine Parts Manufacturing
336413 Other Aircraft Parts and Auxiliary Equipment Manufacturing
336414 Guided Missile and Space Vehicle Manufacturing
336415 Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit Parts
Manufacturing
336419 Other Guided Missile and Space Vehicle Parts and Auxiliary Equipment
Manufacturing
3365Railroad Rolling Stock Manufacturing
33651 Railroad Rolling Stock Manufacturing
336510 Railroad Rolling Stock Manufacturing
3366Ship and Boat Building
33661 Ship and Boat Building
336611 Ship Building and Repairing
336612 Boat Building
3369Other Transportation Equipment Manufacturing
33699 Other Transportation Equipment Manufacturing
336991 Motorcycle, Bicycle, and Parts Manufacturing
336992 Military Armored Vehicle, Tank, and Tank Component Manufacturing
336999 All Other Transportation Equipment Manufacturing
337Furniture and Related Product Manufacturing
3371Household and Institutional Furniture and Kitchen Cabinet
Manufacturing
33711 Wood Kitchen Cabinet and Countertop Manufacturing
337110 Wood Kitchen Cabinet and Countertop Manufacturing
33712 Household and Institutional Furniture Manufacturing
337121 Upholstered Household Furniture Manufacturing
337122 Nonupholstered Wood Household Furniture Manufacturing
337124 Metal Household Furniture Manufacturing
337125 Household Furniture (except Wood and Metal) Manufacturing
337127 Institutional Furniture Manufacturing
337129 Wood Television, Radio, and Sewing Machine Cabinet Manufacturing
3372Office Furniture (including Fixtures) Manufacturing
26|Page
Exhibit3
33721 Office Furniture (including Fixtures) Manufacturing
337211 Wood Office Furniture Manufacturing
337212 Custom Architectural Woodwork and Millwork Manufacturing
337214 Office Furniture (except Wood) Manufacturing
Showcase, Partition, Shelving, and Locker Manufacturing
337215
3379Other Furniture Related Product Manufacturing
33791 Mattress Manufacturing
337910 Mattress Manufacturing
33792 Blind and Shade Manufacturing
337920 Blind and Shade Manufacturing
339Miscellaneous Manufacturing
3391Medical Equipment and Supplies Manufacturing
33911 Medical Equipment and Supplies Manufacturing
339112 Surgical and Medical Instrument Manufacturing
339113 Surgical Appliance and Supplies Manufacturing
339114 Dental Equipment and Supplies Manufacturing
339115 Ophthalmic Goods Manufacturing
339116 Dental Laboratories
3399Other Miscellaneous Manufacturing
33991 Jewelry and Silverware Manufacturing
339911 Jewelry (except Costume) Manufacturing
339912 Silverware and Hollowware Manufacturing
339913 Jewelers Material and Lapidary Work Manufacturing
339914 Costume Jewelry and Novelty Manufacturing
33992 Sporting and Athletic Goods Manufacturing
339920 Sporting and Athletic Goods Manufacturing
33993 Doll, Toy, and Game Manufacturing
339931 Doll and Stuffed Toy Manufacturing
339932 Game, Toy, and Childrens Vehicle Manufacturing
33994 Office Supplies (except Paper) Manufacturing
339941 Pen and Mechanical Pencil Manufacturing
27|Page
Exhibit3
339942 Lead Pencil and Art Good Manufacturing
339943 Marking Device Manufacturing
339944 Carbon Paper and Inked Ribbon Manufacturing
33995 Sign Manufacturing
Sign Manufacturing
339950
33999 All Other Miscellaneous Manufacturing
339991 Gasket, Packing, and Sealing Device Manufacturing
339992 Musical Instrument Manufacturing
339993 Fastener, Button, Needle, and Pin Manufacturing
339994 Broom, Brush, and Mop Manufacturing
339995 Burial Casket Manufacturing
339999 All Other Miscellaneous Manufacturing
28|Page