United States Iron and Steel
United States Iron and Steel (US I&S) requirements apply to projects funded through the following Texas Water Development Board (TWDB) programs:
- Agricultural Water Conservation Fund
- Economically Distressed Areas Program
- Rural Water Assistance Fund
- State Participation
- Texas Water Development Fund II
- State Water Implementation Fund with resolution approving financial assistance adopted after May 1, 2019.
Construction of projects funded through any of the above programs are required to use iron and steel products made in the United States. However, if the recipient can justify a claim made under one of the categories below, a waiver may be granted. Until a waiver is granted by the TWDB, the US I&S requirements shall be adhered to as outlined in Texas Water Code §17.183; Texas Government Code, Chapter 2252, Subchapter F, as amended by Senate Bill 1289, 85th Legislative Session; and Texas Administrative Code §363.41.
A waiver may be granted if TWDB determines that:
Iron and steel products produced in the United States are not
- produced in sufficient quantities,
- reasonably available, or
- of satisfactory quantity.
- Use of iron and steel products produced in the United States will increase the cost of the overall project by more than 20 percent, or
- Complying with the US I&S requirements is inconsistent with the public interest.
TWDB waiver request review process:
- Financial assistance recipients should submit a complete waiver request to the TWDB to: RWPD@twdb.texas.gov
- After receiving a complete application for a waiver, TWDB will publish the waiver request and all material submitted with the application on the TWDB's website for a period of 10 calendar days.
- During this period, the public will have an opportunity to review the request and provide informal comment to the TWDB.
- Comments on waiver requests can be submitted to RWPD@twdb.texas.gov
- For more information on supporting documentation and process please refer to TWDB – 1105 United State Iron and Steel Guidance.