Texas 2021 - 87th Regular

Texas House Bill HB2275 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zwiener, Huberty, Oliverson, Frank, H.B. No. 2275
2		-	Paddie, et al.
	1	+	87R21983 KJE-D
	2	+	By: Zwiener H.B. No. 2275
	3	+	Substitute the following for H.B. No. 2275:
	4	+	By: Paddie C.S.H.B. No. 2275
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the creation and uses of the critical infrastructure
8	10		resiliency fund and the eligibility of certain water-related
9	11		projects for state financial assistance.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Chapter 418, Government Code, is amended by
12	14		adding Subchapter J to read as follows:
13	15		SUBCHAPTER J. CRITICAL INFRASTRUCTURE RESILIENCY FUND
14	16		Sec. 418.301. DEFINITION. In this subchapter, "fund" means
15	17		the critical infrastructure resiliency fund.
16	18		Sec. 418.302. CRITICAL INFRASTRUCTURE RESILIENCY FUND. (a)
17	19		The critical infrastructure resiliency fund is a special fund in
18	20		the state treasury outside the general revenue fund.
19		-	(b) The fund may be used by the division ~~only as provided by~~
20		-	this subchapter.
	21	+	(b) The fund may be used by the division, without further
	22	+	legislative appropriation, only as provided by this subchapter.
21	23		(c) The fund consists of:
22	24		(1) legislative appropriations to the division for a
23	25		purpose of the fund;
24	26		(2) any revenue that by law is dedicated for deposit to
25	27		the fund;
26	28		(3) interest or other earnings on money credited to or
27	29		allocable to the fund;
28	30		(4) money from gifts, grants, or donations to the
29	31		fund; and
30	32		(5) money under the division's control that the
31	33		division designates for deposit to the fund.
32	34		Sec. 418.303. USE OF FUND. The division may use the fund
33	35		only to:
34	36		(1) make a grant to an eligible entity under this
35	37		subchapter; and
36	38		(2) pay the necessary and reasonable expenses of
37	39		administering the fund.
38	40		Sec. 418.304. ELECTRIC GRID IMPROVEMENT ACCOUNT. (a) The
39	41		electric grid improvement account is an account in the fund.
40	42		(b) The account consists of:
41	43		(1) legislative appropriations to the division for a
42	44		purpose of the account; and
43	45		(2) money from gifts, grants, or donations to the
44	46		division for a purpose of the account.
45	47		(c) Subject to Subsection (d), the division may use the
46	48		account only to make matching grants to eligible entities for
47	49		hardening and weatherizing the electric grid, including:
48		-	(1) installing advanced meter infrastructure and
49		-	demand response technology;
	50	+	(1) installing advanced meter infrastructure;
50	51		(2) improving load shed capabilities;
51	52		(3) incentivizing customers to engage in distributed
52	53		energy production and energy efficiency measures;
53	54		(4) installing electric energy storage; and
54	55		(5) weatherizing facilities.
55	56		(d) The division may not use the account to make grants for
56	57		routine vegetation management.
57	58		(e) An entity is eligible to receive a matching grant under
58	59		this section only if the entity is:
59	60		(1) a municipally owned electric utility;
60	61		(2) an electric cooperative;
61	62		(3) a transmission and distribution utility, as
62	63		defined by Section 31.002, Utilities Code; or
63	64		(4) a vertically integrated utility.
64	65		(f) In making grants under this section, the division:
65	66		(1) shall consider:
66	67		(A) the expected number of individuals who will
67	68		benefit from the project;
68	69		(B) existing infrastructure and overall need for
69	70		the project;
70	71		(C) the potential benefit of the project to:
71	72		(i) low-income communities; and
72	73		(ii) areas in disparate parts of the state;
73	74		(D) the equitable distribution of grants
74	75		throughout the state;
75	76		(E) the existence of matching federal funds for
76	77		the project and whether available federal funds have been
77	78		exhausted; and
78	79		(F) the total impact of the project on the
79	80		resiliency of the state's electric grid; and
80	81		(2) may consult with the Public Utility Commission of
81	82		Texas.
82	83		(g) The division shall condition each grant awarded under
83	84		this section on the grant recipient providing funds from non-state
84	85		sources in a total amount at least equal to 10 percent of the grant
85	86		amount, with at least five percent of the recipient's match coming
86	87		from local sources.
87	88		Sec. 418.305. HOSPITAL INFRASTRUCTURE RESILIENCY ACCOUNT.
88	89		(a) The hospital infrastructure resiliency account is an account
89	90		in the fund.
90	91		(b) The account consists of:
91	92		(1) legislative appropriations to the division for a
92	93		purpose of the account; and
93	94		(2) money from gifts, grants, or donations to the
94	95		division for a purpose of the account.
95	96		(c) The division may use the account only to make matching
96		-	grants to eligible entities for purchasing reserve power supply
97		-	that is reliable during an extreme weather event, such as on-site
98		-	generation and energy storage systems, necessary to sustain
99		-	critical medical care.
	97	+	grants to eligible entities for purchasing reserve power supply,
	98	+	such as on-site generation and energy storage systems, necessary to
	99	+	sustain critical medical care.
100	100		(d) An entity is eligible to receive a matching grant under
101	101		this section only if the entity is:
102	102		(1) a hospital owned by a municipality; or
103	103		(2) a private for-profit or nonprofit hospital.
104	104		(e) In making grants under this section, the division:
105	105		(1) shall consider:
106	106		(A) the expected number of individuals who will
107	107		benefit from the project;
108	108		(B) existing infrastructure and overall need for
109	109		the project;
110	110		(C) the potential benefit of the project to:
111	111		(i) low-income communities; and
112	112		(ii) areas in disparate parts of the state;
113	113		(D) the equitable distribution of grants
114	114		throughout the state;
115	115		(E) the existence of matching federal funds for
116	116		the project and whether available federal funds have been
117	117		exhausted; and
118	118		(F) the total impact of the project on the
119	119		state's resiliency; and
120	120		(2) may consult with the Health and Human Services
121	121		Commission.
122	122		(f) The division shall condition each grant awarded under
123		-	this section on the grant recipient:
124		-	(1) providing funds from non-state sources in a total
125		-	amount at least equal to 10 percent of the grant amount, with at
126		-	least five percent of the recipient's match coming from local
127		-	sources; and
128		-	(2) reimbursing the division for the amount of the
129		-	grant if the recipient ceases operation or relocates before the
130		-	fifth anniversary of the date on which the project for which the
131		-	grant was made is completed.
	123	+	this section on the grant recipient providing funds from non-state
	124	+	sources in a total amount at least equal to 10 percent of the grant
	125	+	amount, with at least five percent of the recipient's match coming
	126	+	from local sources.
132	127		Sec. 418.306. NURSING HOME RESILIENCY ACCOUNT. (a) The
133	128		nursing home resiliency account is an account in the fund.
134	129		(b) The account consists of:
135	130		(1) legislative appropriations to the division for a
136	131		purpose of the account; and
137	132		(2) money from gifts, grants, or donations to the
138	133		division for a purpose of the account.
139	134		(c) The division may use the account only to make matching
140		-	grants to eligible entities for purchasing reserve power supply
141		-	that is reliable during an extreme weather event, such as on-site
142		-	generation and energy storage systems, necessary to:
143		-	(1) sustain critical medical care; or
144		-	(2) maintain the air temperature in the entity's
145		-	facilities.
146		-	(d) An entity is eligible to receive a matching grant under
147		-	this section only if the entity is:
148		-	(1) a nursing facility, as defined by Section 242.301,
149		-	Health and Safety Code; or
150		-	(2) an assisted living facility, as defined by Section
151		-	247.002, Health and Safety Code.
152		-	(e) In making grants under this section, the division may
	135	+	grants to institutions licensed under Chapter 242, Health and
	136	+	Safety Code, for purchasing reserve power supply, such as on-site
	137	+	generation and energy storage systems, necessary to sustain
	138	+	critical medical care.
	139	+	(d) In making grants under this section, the division may
153	140		consult with the Health and Human Services Commission.
154		-	(f) If the division receives more qualifying applications
	141	+	(e) If the division receives more qualifying applications
155	142		for a grant under this section than the division has available money
156	143		to fully fund, the division may reduce the amount of each grant made
157	144		under this section in proportion to the number of individuals
158	145		served by the grant applicant.
159		-	(g) The division shall condition each grant awarded under
160		-	this section on the grant recipient:
161		-	(1) providing funds from non-state sources in a total
162		-	amount at least equal to 10 percent of the grant amount, with at
163		-	least five percent of the recipient's match coming from local
164		-	sources; and
165		-	(2) reimbursing the division for the amount of the
166		-	grant if the recipient ceases operation or relocates before the
167		-	fifth anniversary of the date on which the project for which the
168		-	grant was made is completed.
	146	+	(f) The division shall condition each grant awarded under
	147	+	this section on the grant recipient providing funds from non-state
	148	+	sources in a total amount at least equal to 10 percent of the grant
	149	+	amount, with at least five percent of the recipient's match coming
	150	+	from local sources.
169	151		Sec. 418.307. DIALYSIS INFRASTRUCTURE ACCOUNT. (a) The
170	152		dialysis infrastructure account is an account in the fund.
171	153		(b) The account consists of:
172	154		(1) legislative appropriations to the division for a
173	155		purpose of the account; and
174	156		(2) money from gifts, grants, or donations to the
175	157		division for a purpose of the account.
176	158		(c) The division may use the account only to make matching
177	159		grants to end stage renal disease facilities, as defined by Section
178	160		251.001, Health and Safety Code, for purchasing reserve power
179		-	supply that is reliable during an extreme weather event, such as
180		-	on-site generation and energy storage systems, necessary to sustain
181		-	critical medical care.
	161	+	supply, such as on-site generation and energy storage systems,
	162	+	necessary to sustain critical medical care.
182	163		(d) In making grants under this section, the division:
183	164		(1) shall consider:
184	165		(A) the expected number of individuals who will
185	166		benefit from the project;
186	167		(B) existing infrastructure and overall need for
187	168		the project;
188	169		(C) the potential benefit of the project to:
189	170		(i) low-income communities; and
190	171		(ii) areas in disparate parts of the state;
191	172		(D) the equitable distribution of grants
192	173		throughout the state;
193	174		(E) the existence of matching federal funds for
194	175		the project and whether available federal funds have been
195	176		exhausted; and
196	177		(F) the total impact of the project on the
197	178		state's resiliency; and
198	179		(2) may consult with the Health and Human Services
199	180		Commission.
200	181		(e) If the division receives more qualifying applications
201	182		for a grant under this section than the division has available money
202	183		to fully fund, the division may reduce the amount of each grant made
203	184		under this section in proportion to the number of individuals
204	185		served by the grant applicant.
205	186		(f) The division shall condition each grant awarded under
206		-	this section on the grant recipient:
207		-	(1) providing funds from non-state sources in a total
208		-	amount at least equal to 10 percent of the grant amount, with at
209		-	least five percent of the recipient's match coming from local
210		-	sources; and
211		-	(2) reimbursing the division for the amount of the
212		-	grant if the recipient ceases operation or relocates before the
213		-	fifth anniversary of the date on which the project for which the
214		-	grant was made is completed.
	187	+	this section on the grant recipient providing funds from non-state
	188	+	sources in a total amount at least equal to 10 percent of the grant
	189	+	amount, with at least five percent of the recipient's match coming
	190	+	from local sources.
215	191		Sec. 418.308. RULES. The division shall adopt rules
216	192		necessary to carry out this subchapter, including rules:
217	193		(1) that establish procedures for an application for
218	194		and the award of financial assistance;
219	195		(2) for the investment of money; and
220	196		(3) for the administration of the fund.
221	197		SECTION 2. Section 15.001(6), Water Code, is amended to
222	198		read as follows:
223	199		(6) "Project" means:
224	200		(A) any undertaking or work, including planning
225	201		activities and work to obtain regulatory authority at the local,
226	202		state, and federal level, to conserve, convey, and develop water
227	203		resources in the state, to provide for the maintenance and
228	204		enhancement of the quality of the water of the state, to provide
229	205		nonstructural and structural flood control, drainage, subsidence
230	206		control, recharge, chloride control, brush control, precipitation
231	207		enhancement, and desalinization, to provide for the acquisition of
232	208		water rights and the repair of unsafe dams, to provide for the
233	209		weatherization of water and wastewater facilities, and to carry out
234	210		other purposes defined by board rules;
235	211		(B) any undertaking or work outside the state to
236	212		provide for the maintenance and enhancement of the quality of water
237	213		by eliminating saline inflow through well pumping and deep well
238	214		injection of brine; or
239	215		(C) any undertaking or work by Texas political
240	216		subdivisions or institutions of higher education to conserve,
241	217		convey, and develop water resources in areas outside Texas or to
242	218		provide for the maintenance and enhancement of the quality of the
243	219		water in areas adjoining Texas, if such undertaking or work will
244	220		result in water being available for use in or for the benefit of
245	221		Texas or will maintain and enhance the quality of water in Texas.
246	222		SECTION 3. Section 15.102(b), Water Code, is amended to
247	223		read as follows:
248	224		(b) The loan fund may also be used by the board to provide:
249	225		(1) grants or loans for projects that include
250	226		supplying water and wastewater services in economically distressed
251	227		areas or nonborder colonias as provided by legislative
252	228		appropriations, this chapter, and board rules, including projects
253	229		involving retail distribution of those services; [and]
254	230		(2) grants for:
255	231		(A) projects for which federal grant funds are
256	232		placed in the loan fund;
257	233		(B) projects, on specific legislative
258	234		appropriation for those projects; or
259	235		(C) water conservation, desalination, brush
260	236		control, weather modification, regionalization, and projects
261	237		providing regional water quality enhancement services as defined by
262	238		board rule, including regional conveyance systems; and
263	239		(3) grants for projects to harden and weatherize water
264	240		and wastewater systems in the state, including:
265	241		(A) covering wells;
266	242		(B) purchasing reserve power supply, such as
267		-	on-site generation and energy storage systems~~; and~~
	243	+	on-site generation and energy storage systems.
268	244		(C) building connectivity to neighboring water
269	245		suppliers.
270	246		SECTION 4. Section 15.105, Water Code, is amended by adding
271	247		Subsection (c) to read as follows:
272	248		(c) Notwithstanding Subsection (a), in passing on an
273	249		application for a grant described by Section 15.102(b)(3), the
274	250		board shall:
275	251		(1) consider:
276	252		(A) the expected number of individuals who will
277	253		benefit from the project;
278	254		(B) existing infrastructure and overall need for
279	255		the project;
280	256		(C) the potential benefit of the project to:
281	257		(i) low-income communities; and
282	258		(ii) areas in disparate parts of the state;
283	259		(D) the equitable distribution of grants
284	260		throughout the state;
285	261		(E) the existence of matching federal funds for
286	262		the project and whether available federal funds have been
287	263		exhausted; and
288	264		(F) the total impact of the project on the
289	265		state's resiliency; and
290	266		(2) consult with the Texas Division of Emergency
291	267		Management.
292	268		SECTION 5. Section 15.107, Water Code, is amended by adding
293	269		Subsection (d) to read as follows:
294	270		(d) Notwithstanding any other provision of this section,
295	271		the board shall condition each grant awarded under Section
296	272		15.102(b)(3) on the grant recipient providing funds from non-state
297	273		sources in a total amount at least equal to 10 percent of the grant
298	274		amount, with at least five percent of the recipient's match coming
299	275		from local sources.
300		-	SECTION 6. This Act takes effect January 1, 2022.
	276	+	SECTION 6. (a) Except as provided by Subsection (b) of this
	277	+	section, this Act takes effect January 1, 2022.
	278	+	(b) Section 1 of this Act takes effect January 1, 2022, but
	279	+	only if the constitutional amendment proposed by the 87th
	280	+	Legislature, Regular Session, 2021, providing for the creation of
	281	+	the critical infrastructure resiliency fund to assist in the
	282	+	financing of certain infrastructure projects is approved by the
	283	+	voters. If that amendment is not approved by the voters, that
	284	+	section has no effect.