By: Larson, et al. (Senate Sponsor - Perry) H.B. No. 2943
(In the Senate - Received from the House May 1, 2017;
May 10, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; May 16, 2017, reported
favorably by the following vote: Yeas 7, Nays 0; May 16, 2017,
sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the use of money in the state water pollution control
revolving fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.601(a), Water Code, is amended to
read as follows:
(a) The state water pollution control revolving fund shall
be administered by the board under this subchapter and rules
adopted by the board. The fund shall be used to provide financial
assistance to persons for projects eligible for assistance under
Section 603(c) of the Federal Water Pollution Control Act (33
U.S.C. Section 1383(c)), including [political subdivisions for
construction of treatment works and to persons for] nonpoint source
pollution control and abatement and water quality control projects
described by Sections [under Section] 15.603(h) and (h-1) of this
code, in accordance with the capitalization grant program
established under the Federal Water Pollution Control Act (33
U.S.C. Section 1251 et seq.).
SECTION 2. Section 15.603, Water Code, is amended by
amending Subsection (a) and adding Subsection (h-1) to read as
follows:
(a) The revolving fund is held separately from other funds
by the board outside the State Treasury to provide financial
assistance to persons for projects eligible for assistance under
Section 603(c) of the federal act (33 U.S.C. Section 1383(c)),
including [political subdivisions for construction of treatment
works and to persons for estuary management projects and for]
nonpoint source pollution control and abatement and water quality
control projects under Subsections [Subsection] (h) and (h-1) of
this section.
(h-1) In conjunction with or separate from the account
described by Subsection (h), the board by rule shall establish a
program to promote the acquisition by eligible applicants of
conservation easements, as defined by Section 183.001, Natural
Resources Code. Acquisitions made through the program must have a
demonstrable impact on water quality control, as determined by the
board. The board shall ensure that the amounts of any funds used
for such a program are consistent with maintaining the perpetuity
of the revolving fund.
SECTION 3. Section 15.604, Water Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The board may use the revolving fund for financial
assistance only as provided by the federal act:
(1) to make loans, on the conditions that:
(A) the loan is [those loans are] made at or below
market interest rates, including an interest-free loan [loans], at
a term [terms] not to exceed the lesser of 30 years or the projected
useful life, as determined by the board, of the project to be
financed with the proceeds of the loan [20 years];
(B) principal and interest payments will begin
not later than one year after completion of the project to be
financed with the proceeds of the loan [any treatment works] and the
loan [all loans] will be fully amortized not later than the
expiration date of the term of the loan [20 years after completion
of the treatment works];
(C) the recipient of a loan will establish a
dedicated source of revenue for repayment of loans; and
(D) the revolving fund will be credited with all
payments of principal of and interest on all loans;
(2) to buy or refinance the debt obligation of
political subdivisions at or below market rates if the debt
obligations were incurred after March 7, 1985;
(3) to guarantee or purchase insurance for political
subdivisions if the guarantee or insurance would improve access to
market credit or reduce interest rates;
(4) as a source of revenue or security for the payment
of principal and interest on bonds issued by the state if the
proceeds of the sale of those bonds will be deposited in the
revolving fund;
(5) to provide loan guarantees to similar revolving
funds established by municipalities or intermunicipal agencies;
(6) to earn interest on revolving fund accounts;
(7) for the reasonable costs of administering the
revolving fund and conducting activities provided for by Title VI
of the federal act, except that those amounts may not exceed the
amount authorized under Title VI of the federal act;
(8) to provide financial assistance to persons for a
nonpoint source pollution control or water quality control project
under Section 319 of the federal act or Section 15.603(h) or (h-1)
of this code [for an estuary management project under Section 320 of
the federal act];
(9) for other purposes as provided by the federal act;
and
(10) to provide linked deposits to eligible lending
institutions for loans to persons for nonpoint source pollution
control projects.
(c) A project financed through the revolving fund, other
than a project authorized under Section 603(c)(1), (5), or (11) of
the federal act (33 U.S.C. Section 1383(c)(1), (5), or (11)), must
have a demonstrable impact on water quality control, as determined
by the board. The board shall ensure that the amounts of any funds
used for such a project are consistent with maintaining the
perpetuity of the revolving fund.
SECTION 4. Section 17.0821(c), Water Code, is amended to
read as follows:
(c) The board shall use the state water pollution control
revolving fund in accordance with Section 15.604(a)(4) [15.604(4)]
of this code and the Federal Water Pollution Control Act, Section
603(d)(4), as a source of revenue to be deposited in accordance with
this chapter for the payment of principal and interest on water
quality enhancement bonds issued by the state, the proceeds of
which are deposited into the state water pollution control
revolving fund.
SECTION 5. The Texas Water Development Board shall adopt
rules under Section 15.603(h-1), Water Code, as added by this Act,
not later than January 1, 2018.
SECTION 6. 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, 2017.
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