Texas 2021 - 87th 3rd C.S.

Texas House Bill HB11 Compare Versions

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

Old	New	Differences
1	1	By: Zwiener H.B. No. 11
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation and uses of the critical infrastructure
7	7	resiliency fund and the eligibility of certain water-related
8	8	projects for state financial assistance.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 418, Government Code, is amended by
11	11	adding Subchapter L to read as follows:
12	12	SUBCHAPTER L. CRITICAL INFRASTRUCTURE RESILIENCY FUND
13	13	Sec. 418.401. DEFINITION. In this subchapter, "fund" means
14	14	the critical infrastructure resiliency fund.
15	15	Sec. 418.402. CRITICAL INFRASTRUCTURE RESILIENCY FUND. (a)
16	16	The critical infrastructure resiliency fund is a special fund in
17	17	the state treasury outside the general revenue fund.
18	18	(b) The fund may be used by the division only as provided by
19	19	this subchapter.
20	20	(c) The fund consists of:
21	21	(1) legislative appropriations to the division for a
22	22	purpose of the fund;
23	23	(2) any revenue that by law is dedicated for deposit to
24	24	the fund;
25	25	(3) interest or other earnings on money credited to or
26	26	allocable to the fund;
27	27	(4) money from gifts, grants, or donations to the
28	28	fund; and
29	29	(5) money under the division's control that the
30	30	division designates for deposit to the fund.
31	31	Sec. 418.403. USE OF FUND. The division may use the fund
32	32	only to:
33	33	(1) make a grant to an eligible entity under this
34	34	subchapter; and
35	35	(2) pay the necessary and reasonable expenses of
36	36	administering the fund.
37	37	Sec. 418.404. ELECTRIC GRID IMPROVEMENT ACCOUNT. (a) The
38	38	electric grid improvement account is an account in the fund.
39	39	(b) The account consists of:
40	40	(1) legislative appropriations to the division for a
41	41	purpose of the account; and
42	42	(2) money from gifts, grants, or donations to the
43	43	division for a purpose of the account.
44	44	(c) Subject to Subsection (d), the division may use the
45	45	account only to make matching grants to eligible entities for
46	46	hardening and weatherizing the electric grid, including:
47	47	(1) installing advanced meter infrastructure and
48	48	demand response technology;
49	49	(2) improving load shed capabilities;
50	50	(3) incentivizing customers to engage in distributed
51	51	energy production and energy efficiency measures;
52	52	(4) installing electric energy storage; and
53	53	(5) weatherizing facilities.
54	54	(d) The division may not use the account to make grants for
55	55	routine vegetation management.
56	56	(e) An entity is eligible to receive a matching grant under
57	57	this section only if the entity is:
58	58	(1) a municipally owned electric utility;
59	59	(2) an electric cooperative;
60	60	(3) a transmission and distribution utility, as
61	61	defined by Section 31.002, Utilities Code; or
62	62	(4) a vertically integrated utility.
63	63	(f) In making grants under this section, the division:
64	64	(1) shall consider:
65	65	(A) the expected number of individuals who will
66	66	benefit from the project;
67	67	(B) existing infrastructure and overall need for
68	68	the project;
69	69	(C) the potential benefit of the project to:
70	70	(i) low-income communities; and
71	71	(ii) areas in disparate parts of the state;
72	72	(D) the equitable distribution of grants
73	73	throughout the state;
74	74	(E) the existence of matching federal funds for
75	75	the project and whether available federal funds have been
76	76	exhausted; and
77	77	(F) the total impact of the project on the
78	78	resiliency of the state's electric grid; and
79	79	(2) may consult with the Public Utility Commission of
80	80	Texas.
81	81	(g) The division shall condition each grant awarded under
82	82	this section on the grant recipient providing funds from non-state
83	83	sources in a total amount at least equal to 10 percent of the grant
84	84	amount, with at least five percent of the recipient's match coming
85	85	from local sources.
86	86	Sec. 418.405. HOSPITAL INFRASTRUCTURE RESILIENCY ACCOUNT.
87	87	(a) The hospital infrastructure resiliency account is an account
88	88	in the fund.
89	89	(b) The account consists of:
90	90	(1) legislative appropriations to the division for a
91	91	purpose of the account; and
92	92	(2) money from gifts, grants, or donations to the
93	93	division for a purpose of the account.
94	94	(c) The division may use the account only to make matching
95	95	grants to eligible entities for purchasing reserve power supply
96	96	that is reliable during an extreme weather event, such as on-site
97	97	generation and energy storage systems, necessary to sustain
98	98	critical medical care.
99	99	(d) An entity is eligible to receive a matching grant under
100	100	this section only if the entity is:
101	101	(1) a hospital owned by a municipality; or
102	102	(2) a private for-profit or nonprofit hospital.
103	103	(e) In making grants under this section, the division:
104	104	(1) shall consider:
105	105	(A) the expected number of individuals who will
106	106	benefit from the project;
107	107	(B) existing infrastructure and overall need for
108	108	the project;
109	109	(C) the potential benefit of the project to:
110	110	(i) low-income communities; and
111	111	(ii) areas in disparate parts of the state;
112	112	(D) the equitable distribution of grants
113	113	throughout the state;
114	114	(E) the existence of matching federal funds for
115	115	the project and whether available federal funds have been
116	116	exhausted; and
117	117	(F) the total impact of the project on the
118	118	state's resiliency; and
119	119	(2) may consult with the Health and Human Services
120	120	Commission.
121	121	(f) The division shall condition each grant awarded under
122	122	this section on the grant recipient:
123	123	(1) providing funds from non-state sources in a total
124	124	amount at least equal to 10 percent of the grant amount, with at
125	125	least five percent of the recipient's match coming from local
126	126	sources; and
127	127	(2) reimbursing the division for the amount of the
128	128	grant if the recipient ceases operation or relocates before the
129	129	fifth anniversary of the date on which the project for which the
130	130	grant was made is completed.
131	131	Sec. 418.406. NURSING HOME RESILIENCY ACCOUNT. (a) The
132	132	nursing home resiliency account is an account in the fund.
133	133	(b) The account consists of:
134	134	(1) legislative appropriations to the division for a
135	135	purpose of the account; and
136	136	(2) money from gifts, grants, or donations to the
137	137	division for a purpose of the account.
138	138	(c) The division may use the account only to make matching
139	139	grants to eligible entities for purchasing reserve power supply
140	140	that is reliable during an extreme weather event, such as on-site
141	141	generation and energy storage systems, necessary to:
142	142	(1) sustain critical medical care; or
143	143	(2) maintain the air temperature in the entity's
144	144	facilities.
145	145	(d) An entity is eligible to receive a matching grant under
146	146	this section only if the entity is:
147	147	(1) a nursing facility, as defined by Section 242.301,
148	148	Health and Safety Code; or
149	149	(2) an assisted living facility, as defined by Section
150	150	247.002, Health and Safety Code.
151	151	(e) In making grants under this section, the division may
152	152	consult with the Health and Human Services Commission.
153	153	(f) If the division receives more qualifying applications
154	154	for a grant under this section than the division has available money
155	155	to fully fund, the division may reduce the amount of each grant made
156	156	under this section in proportion to the number of individuals
157	157	served by the grant applicant.
158	158	(g) The division shall condition each grant awarded under
159	159	this section on the grant recipient:
160	160	(1) providing funds from non-state sources in a total
161	161	amount at least equal to 10 percent of the grant amount, with at
162	162	least five percent of the recipient's match coming from local
163	163	sources; and
164	164	(2) reimbursing the division for the amount of the
165	165	grant if the recipient ceases operation or relocates before the
166	166	fifth anniversary of the date on which the project for which the
167	167	grant was made is completed.
168	168	Sec. 418.407. DIALYSIS INFRASTRUCTURE ACCOUNT. (a) The
169	169	dialysis infrastructure account is an account in the fund.
170	170	(b) The account consists of:
171	171	(1) legislative appropriations to the division for a
172	172	purpose of the account; and
173	173	(2) money from gifts, grants, or donations to the
174	174	division for a purpose of the account.
175	175	(c) The division may use the account only to make matching
176	176	grants to end stage renal disease facilities, as defined by Section
177	177	251.001, Health and Safety Code, for purchasing reserve power
178	178	supply that is reliable during an extreme weather event, such as
179	179	on-site generation and energy storage systems, necessary to sustain
180	180	critical medical care.
181	181	(d) In making grants under this section, the division:
182	182	(1) shall consider:
183	183	(A) the expected number of individuals who will
184	184	benefit from the project;
185	185	(B) existing infrastructure and overall need for
186	186	the project;
187	187	(C) the potential benefit of the project to:
188	188	(i) low-income communities; and
189	189	(ii) areas in disparate parts of the state;
190	190	(D) the equitable distribution of grants
191	191	throughout the state;
192	192	(E) the existence of matching federal funds for
193	193	the project and whether available federal funds have been
194	194	exhausted; and
195	195	(F) the total impact of the project on the
196	196	state's resiliency; and
197	197	(2) may consult with the Health and Human Services
198	198	Commission.
199	199	(e) If the division receives more qualifying applications
200	200	for a grant under this section than the division has available money
201	201	to fully fund, the division may reduce the amount of each grant made
202	202	under this section in proportion to the number of individuals
203	203	served by the grant applicant.
204	204	(f) The division shall condition each grant awarded under
205	205	this section on the grant recipient:
206	206	(1) providing funds from non-state sources in a total
207	207	amount at least equal to 10 percent of the grant amount, with at
208	208	least five percent of the recipient's match coming from local
209	209	sources; and
210	210	(2) reimbursing the division for the amount of the
211	211	grant if the recipient ceases operation or relocates before the
212	212	fifth anniversary of the date on which the project for which the
213	213	grant was made is completed.
214	214	Sec. 418.408. RULES. The division shall adopt rules
215	215	necessary to carry out this subchapter, including rules:
216	216	(1) that establish procedures for an application for
217	217	and the award of financial assistance;
218	218	(2) for the investment of money; and
219	219	(3) for the administration of the fund.
220	220	SECTION 2. Section 15.001(6), Water Code, is amended to
221	221	read as follows:
222	222	(6) "Project" means:
223	223	(A) any undertaking or work, including planning
224	224	activities and work to obtain regulatory authority at the local,
225	225	state, and federal level, to conserve, convey, and develop water
226	226	resources in the state, to provide for the maintenance and
227	227	enhancement of the quality of the water of the state, to provide
228	228	nonstructural and structural flood control, drainage, subsidence
229	229	control, recharge, chloride control, brush control, precipitation
230	230	enhancement, and desalinization, to provide for the acquisition of
231	231	water rights and the repair of unsafe dams, to provide for the
232	232	weatherization of water and wastewater facilities, and to carry out
233	233	other purposes defined by board rules;
234	234	(B) any undertaking or work outside the state to
235	235	provide for the maintenance and enhancement of the quality of water
236	236	by eliminating saline inflow through well pumping and deep well
237	237	injection of brine; or
238	238	(C) any undertaking or work by Texas political
239	239	subdivisions or institutions of higher education to conserve,
240	240	convey, and develop water resources in areas outside Texas or to
241	241	provide for the maintenance and enhancement of the quality of the
242	242	water in areas adjoining Texas, if such undertaking or work will
243	243	result in water being available for use in or for the benefit of
244	244	Texas or will maintain and enhance the quality of water in Texas.
245	245	SECTION 3. Section 15.102(b), Water Code, is amended to
246	246	read as follows:
247	247	(b) The loan fund may also be used by the board to provide:
248	248	(1) grants or loans for projects that include
249	249	supplying water and wastewater services in economically distressed
250	250	areas or nonborder colonias as provided by legislative
251	251	appropriations, this chapter, and board rules, including projects
252	252	involving retail distribution of those services; [and]
253	253	(2) grants for:
254	254	(A) projects for which federal grant funds are
255	255	placed in the loan fund;
256	256	(B) projects, on specific legislative
257	257	appropriation for those projects; or
258	258	(C) water conservation, desalination, brush
259	259	control, weather modification, regionalization, and projects
260	260	providing regional water quality enhancement services as defined by
261	261	board rule, including regional conveyance systems; and
262	262	(3) grants for projects to harden and weatherize water
263	263	and wastewater systems in the state, including:
264	264	(A) covering wells;
265	265	(B) purchasing reserve power supply, such as
266	266	on-site generation and energy storage systems; and
267	267	(C) building connectivity to neighboring water
268	268	suppliers.
269	269	SECTION 4. Section 15.105, Water Code, is amended by adding
270	270	Subsection (c) to read as follows:
271	271	(c) Notwithstanding Subsection (a), in passing on an
272	272	application for a grant described by Section 15.102(b)(3), the
273	273	board shall:
274	274	(1) consider:
275	275	(A) the expected number of individuals who will
276	276	benefit from the project;
277	277	(B) existing infrastructure and overall need for
278	278	the project;
279	279	(C) the potential benefit of the project to:
280	280	(i) low-income communities; and
281	281	(ii) areas in disparate parts of the state;
282	282	(D) the equitable distribution of grants
283	283	throughout the state;
284	284	(E) the existence of matching federal funds for
285	285	the project and whether available federal funds have been
286	286	exhausted; and
287	287	(F) the total impact of the project on the
288	288	state's resiliency; and
289	289	(2) consult with the Texas Division of Emergency
290	290	Management.
291	291	SECTION 5. Section 15.107, Water Code, is amended by adding
292	292	Subsection (d) to read as follows:
293	293	(d) Notwithstanding any other provision of this section,
294	294	the board shall condition each grant awarded under Section
295	295	15.102(b)(3) on the grant recipient providing funds from non-state
296	296	sources in a total amount at least equal to 10 percent of the grant
297	297	amount, with at least five percent of the recipient's match coming
298	298	from local sources.
299	299	SECTION 6. This Act takes effect January 1, 2022.