Texas 2021 - 87th Regular

Texas Senate Bill SB1176 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6424 SLB-F
2	2	By: Taylor S.B. No. 1176
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to relieving regional water planning groups of certain
8	8	duties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 15.435(g), Water Code, is amended to
11	11	read as follows:
12	12	(g) The board may not direct the trust company to enter into
13	13	a bond enhancement agreement with respect to bonds issued by the
14	14	board the proceeds of which may be used to provide financial
15	15	assistance to an applicant if at the time of the request the
16	16	applicant has failed to[:
17	17	[(1)] provide information regarding a water
18	18	conservation plan in accordance with Section 16.4021[; or
19	19	[(2) satisfactorily complete a request by the
20	20	executive administrator or a regional water planning group for
21	21	information relevant to the project for which the financial
22	22	assistance is sought, including a water infrastructure financing
23	23	survey under Section 16.053(q)].
24	24	SECTION 2. Section 15.437(d), Water Code, is amended to
25	25	read as follows:
26	26	(d) In addition to the criteria provided by Subsection (c),
27	27	the board must also consider at least the following criteria in
28	28	prioritizing projects:
29	29	(1) the local contribution to be made to finance the
30	30	project, including the up-front capital to be provided by the
31	31	applicant;
32	32	(2) the financial capacity of the applicant to repay
33	33	the financial assistance provided;
34	34	(3) the ability of the board and the applicant to
35	35	timely leverage state financing with local and federal funding;
36	36	(4) whether there is an emergency need for the
37	37	project, taking into consideration whether:
38	38	(A) the applicant is included at the time of the
39	39	application on the list maintained by the commission of local
40	40	public water systems that have a water supply that will last less
41	41	than 180 days without additional rainfall; and
42	42	(B) federal funding for which the project is
43	43	eligible has been used or sought;
44	44	(5) if the applicant is applying for financial
45	45	assistance for the project under Subchapter Q, whether the
46	46	applicant is ready to proceed with the project at the time of the
47	47	application, including whether:
48	48	(A) all preliminary planning and design work
49	49	associated with the project has been completed;
50	50	(B) the applicant has acquired the water rights
51	51	associated with the project;
52	52	(C) the applicant has secured funding for the
53	53	project from other sources; and
54	54	(D) the applicant is able to begin implementing
55	55	or constructing the project; and
56	56	(6) the demonstrated or projected effect of the
57	57	project on water conservation, including preventing the loss of
58	58	water, taking into consideration, if applicable, whether the
59	59	applicant has filed a water audit with the board under Section
60	60	16.0121 that demonstrates that the applicant is accountable with
61	61	regard to reducing water loss and increasing efficiency in the
62	62	distribution of water[; and
63	63	[(7) the priority given the project by the applicable
64	64	regional water planning group under Section 15.436].
65	65	SECTION 3. Section 15.438(g), Water Code, is amended to
66	66	read as follows:
67	67	(g) The advisory committee shall submit comments and
68	68	recommendations to the board regarding the use of money in the fund
69	69	for use by the board in adopting rules under Section 15.439 and in
70	70	adopting policies and procedures under Section 15.441. The
71	71	submission must include:
72	72	(1) comments and recommendations on rulemaking
73	73	related to the prioritization of projects in regional water plans
74	74	and the state water plan in accordance with Section [Sections
75	75	15.436 and] 15.437;
76	76	(2) comments and recommendations on rulemaking
77	77	related to establishing standards for determining whether projects
78	78	meet the criteria provided by Section 15.434(b);
79	79	(3) an evaluation of the available programs for
80	80	providing financing for projects included in the state water plan
81	81	and guidelines for implementing those programs, including
82	82	guidelines for providing financing for projects included in the
83	83	state water plan that are authorized under Subchapter Q or R of this
84	84	chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17;
85	85	(4) an evaluation of the lending practices of the
86	86	board and guidelines for lending standards;
87	87	(5) an evaluation of the use of funds by the board to
88	88	provide support for financial assistance for water projects,
89	89	including support for the purposes described by Section 15.435(c);
90	90	(6) an evaluation of whether premium financing
91	91	programs should be established within the funds described by
92	92	Section 15.435 to serve the purposes of this subchapter, especially
93	93	in connection with projects described by Section 15.434(b);
94	94	(7) an evaluation of methods for encouraging
95	95	participation in the procurement process by companies domiciled in
96	96	this state or that employ a significant number of residents of this
97	97	state; and
98	98	(8) an evaluation of the overall operation, function,
99	99	and structure of the fund.
100	100	SECTION 4. Section 15.439(a), Water Code, is amended to
101	101	read as follows:
102	102	(a) The board shall adopt rules providing for the use of
103	103	money in the fund that are consistent with this subchapter,
104	104	including rules:
105	105	(1) establishing standards for determining whether
106	106	projects meet the criteria provided by Section 15.434(b); and
107	107	(2) specifying the manner for prioritizing projects
108	108	for purposes of Section [Sections 15.436 and] 15.437.
109	109	SECTION 5. Section 15.912(b), Water Code, is amended to
110	110	read as follows:
111	111	(b) The board may not accept an application for a loan or
112	112	grant of financial assistance from the fund for a project
113	113	recommended through the state and regional water planning processes
114	114	under Sections 16.051 and 16.053 if the applicant has failed to
115	115	satisfactorily complete a request by the executive administrator or
116	116	a regional planning group for information relevant to the project[,
117	117	including a water infrastructure financing survey under Section
118	118	16.053(q)].
119	119	SECTION 6. Section 15.975(d), Water Code, is amended to
120	120	read as follows:
121	121	(d) The board may not approve an application if the
122	122	applicant has failed to satisfactorily complete a request by the
123	123	executive administrator or a regional planning group for
124	124	information relevant to the project[, including a water
125	125	infrastructure financing survey under Section 16.053(q)].
126	126	SECTION 7. Section 16.131(b), Water Code, is amended to
127	127	read as follows:
128	128	(b) The board may not use the state participation account of
129	129	the development fund to finance a project recommended through the
130	130	state and regional water planning processes under Sections 16.051
131	131	and 16.053 if the applicant has failed to satisfactorily complete a
132	132	request by the executive administrator or a regional planning group
133	133	for information relevant to the project[, including a water
134	134	infrastructure financing survey under Section 16.053(q)].
135	135	SECTION 8. Sections 15.436 and 16.053(q), Water Code, are
136	136	repealed.
137	137	SECTION 9. This Act takes effect September 1, 2021.