chapter 313 annual eligibility report form...texas comptroller of public accounts chapter 313 annual...

Texas Comptroller of Public Accounts

Chapter 313 Annual Eligibility Report Form SECTION 1: Applicant and District Information

Data Analysis and Transparency

Form 50-772-A

1. Tax year covered by this report: _2_0_1 _9 _____________________________________ _NOTE: This report must be completed and submitted to the school district by May 15 of every year using information from the previous tax (calendar) year.

2. Application number: _1_ 3_ 5_6 _________________________________________ _NOTE: You can find your application number and all agreement documents and reports on the website comptroller.texas.gov/economy/local/ch313/agreement-docs.php

3. Name of school district: _L_ a_J _o _y _a _ l _S_D ___________________________________ _

4. Name of project on original application (or short description of facility): _L_ a_J_o_y_a_W_i _n_d_p_o_w_e_r_,_L_L_C _______________ _

5. Name of applicant on original application: L_a_J_o_y_a_W_i _n_d_p_o_w_e_r_,_L_L_C _________________________ _

6. Name the company entering into original agreement with district: _L_ a_J_o_y_a_W_i _n_d_p_o_w_e_r_,_L_L_C __________________ _

7. Amount of limitation at time of application approval: _$_2 _5 _,0_ 0_ 0_,0_0_0 ___________________________ _

8. If you are one of two or more companies originally applying for a limitation, list all other applicants here and describe their relationships.(Use attachments if necessary.)

SECTION 2: Current Agreement Information

1. Name of current agreement holder(s) _L _a_ J_ o�y�a_W _i_n_d�p_o_w_e_r _, _L _L _C _________________________ _

2. Complete mailing address of current agreement holder 1145 5 El Camino Re al, Suite 16 0 San Die g o, CA 921 30

3. Company contact person for agreement holder:

Milt on How ar dName85 8-764-37 54Phone

Vice Pre si de nt of Re ne w able D eve lopme nt Title MHow ar d@terra-ge n.com

Email

4. Texas franchise tax ID number of current agreement holder: ______________________________ _

5. If the current agreement holder does not report under the franchise tax law, please include name and tax ID of reporting entity:

La Joya W indpower, LLC 32066821250

Name Tax ID

6. If the authorized company representative (same as signatory for this form) is different from the contact person listed above, complete the following:

D am on Huplosky Managing Dire ct orName Title437 Ma dis on Ave ., Ne w York, NY 1 0022-7 001Complete Mailing Address648-829-391 5 D Huplosky@terra-ge n.comPhone Email

7. If you are a current agreement holder who was not an original applicant, please list all other current agreement holders. Please describe the chain ofownership from the original applicant to the new entities. (Use attachments if necessary.)

The Data Analysis and Transparency Division at the Texas Comptroller of Public Accounts provides information and resources for taxpayers and local taxing entities.

For more information, visit our website: comptroller.texas.gov/economy/local/ch313/

50-772-A • 03-17/3


SECTION 3: Applicant Eligibility Information

1. Does the business entity have the right to transact business with respect to Tax Code, Chapter 171?(Attach printout from Comptroller website: https:l/mycpa.cpa.state.tx.us/coa/) ...................................... .

2. Is the business entity current on all taxes due to the State of Texas? ............................................. .

3. Is the business activity of the project an eligible business activity under Section 313.02 4 (b)?


Form 50-772-A

Yes D No

Yes D No

Yes D No

a) 3a. Please identify business activity:------------------------------------

SECTION 4: Market Value and Limitation Amount

Please identify the county appraisal district (CAD) in which the project is located: _H_id_a_l_,,g'-o_C_A_D _________________ _

If the project is located in more than one CAD, please identify the name (s) of the other CADs and provide on a separate sheet for each CAD, the responses to items 1 through 5 applicable to the property (or portion of property) that is reflected in each CAD's property tax account records.

For purposes of item 1, "total market value'' should reflect the market value as determined by the CAD (and as adjusted after protest) for only eligible property in all of the CAD property tax accounts covered by the 313 agreement in that county. Please note: "qualified property'' is defined by Tax Code section 313. 021 (2) and 3 4 Tex. Admin. Code § 9.1051 (16) and identified in the executed Chapter 313 agreement.

1. Total market value of all qualified property from all CAD property accounts subject to the 313 agreement ................................................................ $ '-j �-��-��O�j

2. Total value of all applicable exemptions for the qualified property included in item 1 .............. $ �j �'---'----'--�--'-�-��-'---'----'--O__.j

3. Total taxable value for school l&S tax purposes for the qualified property (Item 1 less Item 2) ...... $ �j �'--_._____,__.._I _l'---'----'-l-.._l _'--_.

I_ ..... I_O__.

j

4. Limitation amount on appraised value specified as qualified in the 313 agreement. ............... $ �j �'--_._____,__.._1 _2_1

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SECTION SA: Wage and Employment Information for Applications Prior to Jan. 1, 2014 (#1 Through 999)

ONLY COMPLETE THE WAGE SECTION (SA or 58) THAT APPLIES TO YOUR APPLICATION. You can find your application number on the website at comptroller.texas.gov/economy/local/ch313/agreement-docs.php

NOTE: All statutory references in Section SA are for statute as it existed prior to Jan. 1, 2 014. For job definitions see TAC §9.1051 (14) and Tax Code , §313.021 ( 3). If the agreement includes a definition of "new job" other than TAC §9.1051 (14)(C), then please provide the definition "new job" as used in theagreement. Notwithstanding any waiver by the district of the requirement for the creation of a minimum number of new jobs, or any other job commitmentin the agreement, Tax Code §313.02 4 (d) requires that 80 percent of all new jobs be qualifying jobs.

1. How many new jobs were based on the qualified property in the year covered by this report? (See note above) ..... __________ _

2. What is the number of new jobs required for a project in this school district according to §313.021(2)(A)(iv)(b),§313.051(b), as appropriate? ...................................................................... __________ _

3. Did the applicant request that the governing body waive the minimum job requirement, as provided underTax Code §313.025 (1-1)?................................................................................. D Yes D No

3a. If yes, how many new jobs must the approved applicant create under the waiver? . . . . . . . . . . . . . . . . . . . . . . . __________ _

4. Calculate 80 percent of new jobs (0.80 x number of new jobs based on the qualified property in the year coveredby this report.) ................................................................................. __________ _

5. What is the minimum required annual wage for each qualifying job in the year covered by the report? ............ $ __________ _

6. Identify which of the four Tax Code sections is used to determine the wage standard required by the agreement:

D §313.021(5)(A) or D §313.021(5)(B) or D §313.021( 3)(E)(ii) or D §313.051(b)

6a. Attach calculations and cite exact Texas Workforce Commission data source as defined in TAC §9.1051.

7. Does the agreement require the applicant to provide a specified number of jobs at a specified wage? . . . . . . . . . . . . . . . . . . . . D Yes D No

?a. If yes, how many qualifying jobs did the approved applicant commit to create in the year covered by the report? ............................................................................... __________ _

7b. If yes, what annual wage did the approved applicant commit to pay in the year covered by the report? ...... $ __________ _

For more information, visit our website: comptroller.texas.gov/economy/local/ch313/ Page2

50-772-A • 03-17/3

Texas Comptroller of Public Accounts Data Analysis and

Transparency Form 50-772-A

7c. If yes , how many qualifying jobs were created at the specified wage in the year covered by the report? . . . . . . __________ _

8. How many qualifying jobs (employees of this entity and employees of a contractor w ith this entity) were basedon the qualified property in the year covered by the report? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . __________ _

Sa. Of t he qualifying job-holders last year, how many were employees of the approved applicant? . . . . . . . . . . . . . __________ _

Sb. Of the qualifying job-holders last year, how many were employees of an entity contracting w ith t he

approved applicant? ....................................................................... __________ _

Sc. If any qualifying job-holders were employees of an entity contracting w ith the applicant, does the approved applicant or assignee have documentation from the contractor supporting the conclusion that those jobs

are qualifying jobs? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Yes D No D N/A

SECTION SB: Wage and Employment Information for Applications After Jan. 1, 2014 (#1000 and Above)

ONLY COMPLETE THE WAGE SECTION (SA or 58) THAT APPLIES TO YOUR APPLICATION. You can find your application number on the website at comptroller.texas.gov/economy/local/ch313/agreement-docs.php.

NOTE: For job definitions see TAC §9.1051 (14) and Tax Code, §313. 021 (3).

QUALIFYING JOBS 0 1. What is t he number of new qualifying jobs the applicant committed to create in t he year covered by this report? . . . . . __________ _

2. Did the applicant request that t he governing body waive t he minimum qualifying job requirement , as provided underTax Code §313.02 5(1-1)? ................................................................................ . Yes D No

2a. If yes , how many new qualifying jobs must the approved applicant create under the waiver? . . . . . . . . . . . . . . . ______ 6 _____ _

3. Which Tax Code section are you using to determine the wage standard required for this project? D §313.021 (5)(A) or §313.021 (5)(B)

3a. Attach calculations and cite exact Texas Workforce Commission data sources as defined in TAC §9.1051.40867.32 4. What is the minimum required annual wage for each qualifying job in t he year covered by this report? ........... $ __________ _

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6. How many qualifying jobs (employees of this entity and employees of a contractor w ith this entity) were based O on the qualified property in the year covered by the report? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . __________ _

0 6a. Of t he qualifying job-holders last year, how many were employees of the approved applicant? . . . . . . . . . . . . . __________ _

6b. Of the qualifying job-holders last year, how many were employees of an entity contracting w ith t he 0 approved applicant? ....................................................................... __________ _

6c. If any qualifying job-holders were employees of an entity contracting w ith the applicant, does the approved applicant or assignee have documentation from the contractor supporting the conclusion that those jobs

are qualifying jobs? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Yes D No N/A

7. Do the qualifying jobs meet all minimum requirements set out in Tax Code §313.021 (3) and TAC 9.1051 (3 0)?

NON-QUALIFYING JOBS

Yes

8. What is the number of non-qualifying jobs the applicant had on Dec. 31 of the year covered by this report? ........ -----------

9. What was the average wage you were pay ing for non-qualifying jobs on Dec. 31 of the year covered by this report? .. $ _____ o_.O_O ____ _

10. What is the county average weekly wage for non-qualifying jobs, as defined in TAC §9.1051? .................. $ _____ O_.O_O ____ _

MISCELLANEOUS

11. Did the applicant rely on a determination by the Texas Workforce Commission under the provisions §313.024(3)(F)in meeting the minimum qualifying job requirements? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Yes No

11 a. If yes , attach supporting documentation to evidence that t he requirements of §313.021 (3)(F) were met.

12. Are you part of a Single Unified Project (SUP) and relying on t he provisions in Tax Code §313.024(d-2) to meet the

qualifying job requirements? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Yes No

12a. If yes , attach supporting documentation from the Texas Economic Development and Tourism Office including a list of the ot her school district(s) and the qualifying jobs located in each.


50-772-A • 03-17/3


SECTION 6: Qualified Investment During Qualified Time Period


Form 50-772-A

ENTITIES ARE NOT REQUIRED TO COMPLETE THIS SECTION IF THE YEAR COVERED BY THE REPORT IS AFTER THE QUALIFYING TIME PERIOD OF THEIR AGREEMENT.

1. What is the qualified investment expended by this entity from the beginning of the qualifying time period throughthe end of the year covered by this report? .......................................................... $ ____ _ 0.00

2. Was any of the land classified as qualified investment? ........................................................ . OYes

3. Was any of the qualified Investment leased under a capitalized lease? ............................................ . OYes

4. Was any of the qualified Investment leased under an operating lease? ............................................ . □ Yes

5. Was any property not owned by the applicant part of the qualified investment? ..................................... . OYes

SECTION 7: Partial Interest

THE FOLLOWING QUESTIONS MUST BE ANSWERED BY ENTITIES HAVING A PARTIAL INTEREST IN AN AGREEMENT. For limitation agreements where there are multiple company entities that receive a part of the limitation provided by the agreement:

No

No

No

No

1) each business entity not having a full interest in the agreement should complete a separate form for their proportionate share of required employmentand investment information; and, 2) separately, the school district is required to complete an Annual Eligibility Report that provides for each question inthis form a sum of the individual answers from reports submitted by each entity so that there is a cumulative Annual Eligibility Report reflecting the entireagreement.

1. What was your limitation amount (or portion of original limitation amount) during the year covered by this report? .... __________ _

2. Please describe your interest in the agreement and identify all the documents creating that interest.

SECTION 8: Approval

"I am the authorized representative for the Company submitting this Annual Eligibility Report. I understand that this Report is a

government record as defined in Chapter 37 of the Texas Penal Code. The information I am providing on this Report is true and correct

to the best of my knowledge and belief:'

print• here Damon Huplosky

Print Name (Authorized Company Representative)

sign•

0here �

print•here

Print Name of Preparer (Person Who Completed the Form)

Managing Director Title

Date

Phone


50-772-A • 03-17/3

06/09/2020

Franchise Tax Account StatusAs of : 06/01/2020 17:24:21

This page is valid for most business transactions but is not sufficient for filings with the Secretary of

State

LA JOYA WINDPOWER, LLC

Texas Taxpayer Number 32066821250

Mailing Address437 MADISON AVENUE 22ND DR STE A C/O TGPHII, LLC DALLAS, TX 75201-4701

Right to Transact Business inTexas

ACTIVE

State of Formation DE

Effective SOS Registration Date 04/05/2018

Texas SOS File Number 0802987599

Registered Agent Name COGENCY GLOBAL INC.

Registered Office Street Address 1601 ELM ST., SUITE 4360 DALLAS, TX 75201

Franchise Search Results about:blank

1 of 1 6/1/2020, 5:24 PM


SECTION 14: Wage and Employment Information

1. What is the estimated number of permanent jobs (more than 1 ,6 0 0 hours a year), with the applicant or a contractor of the applicant, on the proposed qualified property during the last complete quarter before the application review


Form 50-296-A

0 start date (date your application is finally determined to be complete)? ...................................... ___________ _

2. What is the last complete calendar quarter before application review start date:

D First Quarter llJ Second Quarter D Third Quarter D Fourth Quarter of __ 2_0_1_9 __ (year)

3. What were the number of permanent jobs (more than 1 ,6 0 0 hours a year) this applicant had in Texas during the0 most recent quarter reported to the Texas Workforce Commission (TWC)?

Note: For job definitions see TAC §9.1 051 and Tax Code §313.021 (3).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------------

4. What is the number of new qualifying jobs you are committing to create?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------------

0 5. What is the number of new non-qualifying jobs you are estimating you will create? . . . . . . . . . . . . . . . . . . . . . . . . . . . . ___________ _

6. Do you intend to request that the governing body waive the minimum new qualifying job creation requirement, as provided under Tax Code §313.025(f-1 )? ................................................................... . Yes D No

6a. If yes, attach evidence in Tab 12 documenting that the new qualifying job creation requirement above exceeds the number of employees necessary for the operation, according to industry standards.

7. Attach in Tab 13 the four most recent quarters of data for each wage calculation below, including documentation from the TWC website. The finalactual statutory minimum annual wage requirement for the applicant for each qualifying job - which may differ slightly from this estimate - will bebased on information from the four quarterly periods for which data were available at the time of the application review start date (date of a completedapplication). See TAC §9.1 051 (21 ) and (22).

662 .25 a. Average weekly wage for all jobs (all industries) in the county is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------------

b. 11 0% of the average weekly wage for manufacturing jobs in the county is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 869.00

c. 11 0% of the average weekly wage for manufacturing jobs in the region is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 757 .39

8. Which Tax Code section are you using to estimate the qualifying job wage standard required for this project? ......................................................................... D §313.021 (5)(A) or [lJ §313.021(5)(6)

9. What is the minimum required annual wage for each qualifying job based on the qualified property? . . . . . . . . . . . . . . 40,867 .32

1 0. What is the annual wage you are committing to pay for each of the new qualifying jobs you create on the qualified property? .............................................................................. ____ 4_0_,_8 _6 _7 _.3_2 ___ _

11. Will the qualifying jobs meet all minimum requirements set out in Tax Code §313.021 (3)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes D No

12. Do you intend to satisfy the minimum qualifying job requirement through a determination of cumulative economicbenefits to the state as provided by §313.021 (3)(F)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Yes No

12a. If yes, attach in Tab 12 supporting documentation from the TWC, pursuant to §313.021 (3)(F).

13. Do you intend to rely on the project being part of a single unified project, as allowed in §313.024(d-2), in meeting thequalifying job requirements? ............................................................................. . OYes No

13a. If yes, attach in Tab 6 supporting documentation including a list of qualifying jobs in the other school district(s).

SECTION 15: Economic Impact

1. Complete and attach Schedules A 1 , A2, B, C, and D in Tab 14. Note: Excel spreadsheet versions of schedules are available for download and printingat URL listed below.

2. Attach an Economic Impact Analysis, if supplied by other than the Comptroller's Office, in Tab 15. (not required)

3. If there are any other payments made in the state or economic information that you believe should be included in the economic analysis, attach aseparate schedule showing the amount for each year affected, including an explanation, in Tab 15.

For more information, visit our website: comptroller.texas.gov/economy/local/ch313/ Page?

50-296-A • 03-17/3

1356-La Joya ISD-La Joya Windpo- --wer, LLC-Amendment No. 002-September 20, 2019

Attachment 13

Calculation of Wage Requirements – Hidalgo County

Supporting data for Section 14(7)(a) Average weekly wage for all jobs (all industries) in the county

Year Period Area Ownership Division Level Ind. Code

Industry Avg. Weekly

Wages

2019 1st Qtr Hidalgo County

Total All 0 0 10 Total, All Industries

$662.00

2018 2nd Qtr Hidalgo County


$645.00

2018 3rd Qtr Hidalgo County


$661.00

2018 4th Qtr Hidalgo County


$681.00

Average weekly wage for previous four quarters $662.25 Source: Quarterly Employment and Wages (QCEW) data for Hidalgo County,

https://texaslmi.com/LMIbyCategory/QCEW

Supporting Data for Section 14(7)(b) 110% of the average weekly wage for manufacturing jobs in the county

Source: Quarterly Employment and Wages (QCEW) data for Hidalgo County,

https://texaslmi.com/LMIbyCategory/QCEW

Supporting Data for Section 14(7)(c) 110% of the average weekly wage for manufacturing jobs in the region

Source: 2018 Manufacturing Average Wages by Council of Government Region Wages for All Occupations. Project location region: 21. Lower Rio Grande Valley Development Council.

https://texaslmi.com/Downloads/COGWages.pdf

Year Period Area Ownership Division Level Ind. Code

Industry Avg. Weekly

Wages

2019 1st Qtr Hidalgo County

Private 31 2 31‐33 Manufacturing $813.00

2018 2nd Qtr Hidalgo County


2018 3rd Qtr Hidalgo County


2018 4th Qtr Hidalgo County


Average weekly wage for previous four quarters $790.00

110% of Average Weekly Wages $869.00

Average Hourly Wages $17.21

Average Annual Wages $35,804.00

Average Weekly Wages @40hrs/week $688.54

110% of Average Weekly Wages $757.39

1356-La Joya ISD-La Joya Windpower, LLC-Amendment No. 002-September 20, 2019

Year Period Area Ownership Industry Code Industry Level Average Weekly Wage

2019 01 Hidalgo Private 31‐33 Manufacturing 2 813.00$





Year Period Area Ownership Industry Code Industry Level Average Weekly Wage

2019 01 Hidalgo Total All 10 Total, All Industries 0 662.00$





COG COG Number Hourly AnnualTexas $27.04 $56,240Alamo Area Council of Governments 18 $22.80 $47,428Ark-Tex Council of Governments 5 $18.73 $38,962Brazos Valley Council of Governments 13 $18.16 $37,783Capital Area Council of Governments 12 $32.36 $67,318Central Texas Council of Governments 23 $19.60 $40,771Coastal Bend Council of Governments 20 $28.52 $59,318Concho Valley Council of Governments 10 $21.09 $43,874Deep East Texas Council of Governments 14 $18.28 $38,021East Texas Council of Governments 6 $21.45 $44,616Golden Crescent Regional Planning Commission 17 $28.56 $59,412Heart of Texas Council of Governments 11 $22.71 $47,245Houston-Galveston Area Council 16 $29.76 $61,909Lower Rio Grande Valley Development Council 21 $17.21 $35,804Middle Rio Grande Development Council 24 $20.48 $42,604NORTEX Regional Planning Commission 3 $25.14 $52,284North Central Texas Council of Governments 4 $27.93 $58,094Panhandle Regional Planning Commission 1 $24.19 $50,314Permian Basin Regional Planning Commission 9 $25.90 $53,882Rio Grande Council of Governments 8 $18.51 $38,493South East Texas Regional Planning Commission 15 $36.26 $75,430South Plains Association of Governments 2 $20.04 $41,691South Texas Development Council 19 $17.83 $37,088Texoma Council of Governments 22 $21.73 $45,198West Central Texas Council of Governments 7 $21.84 $45,431

Calculated by the Texas Workforce Commission Labor Market and Career Information Department.Data published: July 2019Data published annually, next update will be July 31, 2020Annual wage figure assumes a 40-hour work week.

Note: Data is not supported by the Bureau of Labor Statistics (BLS). Wage data is produced from Texas Occupational Employment Statistics (OES) data, and is not to be compared to BLS estimates.Data intended only for use in implementing Chapter 313, Tax Code.

2018 Manufacturing Average Wages by Council of Government RegionWages for All Occupations

Wages

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