Texas 2023 - 88th Regular

Texas House Bill HB973 Compare Versions

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1	1	88R3154 KJE-F
2	2	By: Zwiener H.B. No. 973
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and uses of the critical infrastructure
8	8	resiliency fund and the eligibility of certain water-related
9	9	projects for state financial assistance.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 418, Government Code, is amended by
12	12	adding Subchapter L to read as follows:
13	13	SUBCHAPTER L. CRITICAL INFRASTRUCTURE RESILIENCY FUND
14	14	Sec. 418.401. DEFINITION. In this subchapter, "fund" means
15	15	the critical infrastructure resiliency fund.
16	16	Sec. 418.402. CRITICAL INFRASTRUCTURE RESILIENCY FUND. (a)
17	17	The critical infrastructure resiliency fund is a special fund in
18	18	the state treasury outside the general revenue fund.
19	19	(b) The fund may be used by the division only as provided by
20	20	this subchapter.
21	21	(c) The fund consists of:
22	22	(1) legislative appropriations to the division for a
23	23	purpose of the fund;
24	24	(2) any revenue that by law is dedicated for deposit to
25	25	the fund;
26	26	(3) interest or other earnings on money credited to or
27	27	allocable to the fund;
28	28	(4) money from gifts, grants, or donations to the
29	29	fund; and
30	30	(5) money under the division's control that the
31	31	division designates for deposit to the fund.
32	32	Sec. 418.403. USE OF FUND. The division may use the fund
33	33	only to:
34	34	(1) make a grant to an eligible entity under this
35	35	subchapter; and
36	36	(2) pay the necessary and reasonable expenses of
37	37	administering the fund.
38	38	Sec. 418.404. ELECTRIC GRID IMPROVEMENT ACCOUNT. (a) The
39	39	electric grid improvement account is an account in the fund.
40	40	(b) The account consists of:
41	41	(1) legislative appropriations to the division for a
42	42	purpose of the account; and
43	43	(2) money from gifts, grants, or donations to the
44	44	division for a purpose of the account.
45	45	(c) Subject to Subsection (d), the division may use the
46	46	account only to make matching grants to eligible entities for
47	47	projects related to hardening and weatherizing the electric grid,
48	48	including:
49	49	(1) installing advanced meter infrastructure and
50	50	demand response technology;
51	51	(2) improving load shed capabilities;
52	52	(3) incentivizing customers to engage in distributed
53	53	energy production and energy efficiency measures;
54	54	(4) installing electric energy storage; and
55	55	(5) weatherizing facilities.
56	56	(d) The division may not use the account to make grants for
57	57	routine vegetation management.
58	58	(e) An entity is eligible to receive a matching grant under
59	59	this section only if the entity is:
60	60	(1) a municipally owned electric utility;
61	61	(2) an electric cooperative;
62	62	(3) a transmission and distribution utility, as
63	63	defined by Section 31.002, Utilities Code; or
64	64	(4) a vertically integrated utility.
65	65	(f) In making grants under this section, the division:
66	66	(1) shall consider:
67	67	(A) the expected number of individuals who will
68	68	benefit from the project;
69	69	(B) existing infrastructure and overall need for
70	70	the project;
71	71	(C) the potential benefit of the project to:
72	72	(i) low-income communities; and
73	73	(ii) areas in disparate parts of the state;
74	74	(D) the equitable distribution of grants
75	75	throughout the state;
76	76	(E) the existence of matching federal funds for
77	77	the project and whether available federal funds have been
78	78	exhausted; and
79	79	(F) the total impact of the project on the
80	80	resiliency of the state's electric grid; and
81	81	(2) may consult with the Public Utility Commission of
82	82	Texas.
83	83	(g) The division shall condition each grant awarded under
84	84	this section on the grant recipient providing funds from non-state
85	85	sources in a total amount at least equal to 10 percent of the grant
86	86	amount, with at least five percent of the recipient's match coming
87	87	from local sources.
88	88	Sec. 418.405. HOSPITAL INFRASTRUCTURE RESILIENCY ACCOUNT.
89	89	(a) The hospital infrastructure resiliency account is an account
90	90	in the fund.
91	91	(b) The account consists of:
92	92	(1) legislative appropriations to the division for a
93	93	purpose of the account; and
94	94	(2) money from gifts, grants, or donations to the
95	95	division for a purpose of the account.
96	96	(c) The division may use the account only to make matching
97	97	grants to eligible entities to fund projects relating to the
98	98	purchase of reserve power supply that is reliable during an extreme
99	99	weather event, such as on-site generation and energy storage
100	100	systems, necessary to sustain critical medical care.
101	101	(d) An entity is eligible to receive a matching grant under
102	102	this section only if the entity is:
103	103	(1) a hospital owned by a municipality; or
104	104	(2) a private for-profit or nonprofit hospital.
105	105	(e) In making grants under this section, the division:
106	106	(1) shall consider:
107	107	(A) the expected number of individuals who will
108	108	benefit from the project;
109	109	(B) existing infrastructure and overall need for
110	110	the project;
111	111	(C) the potential benefit of the project to:
112	112	(i) low-income communities; and
113	113	(ii) areas in disparate parts of the state;
114	114	(D) the equitable distribution of grants
115	115	throughout the state;
116	116	(E) the existence of matching federal funds for
117	117	the project and whether available federal funds have been
118	118	exhausted; and
119	119	(F) the total impact of the project on the
120	120	state's resiliency; and
121	121	(2) may consult with the Health and Human Services
122	122	Commission.
123	123	(f) The division shall condition each grant awarded under
124	124	this section on the grant recipient:
125	125	(1) providing funds from non-state sources in a total
126	126	amount at least equal to 10 percent of the grant amount, with at
127	127	least five percent of the recipient's match coming from local
128	128	sources; and
129	129	(2) reimbursing the division for the amount of the
130	130	grant if the recipient ceases operation or relocates before the
131	131	fifth anniversary of the date on which the project for which the
132	132	grant was made is completed.
133	133	Sec. 418.406. NURSING HOME RESILIENCY ACCOUNT. (a) The
134	134	nursing home resiliency account is an account in the fund.
135	135	(b) The account consists of:
136	136	(1) legislative appropriations to the division for a
137	137	purpose of the account; and
138	138	(2) money from gifts, grants, or donations to the
139	139	division for a purpose of the account.
140	140	(c) The division may use the account only to make matching
141	141	grants to eligible entities to fund projects relating to the
142	142	purchase of reserve power supply that is reliable during an extreme
143	143	weather event, such as on-site generation and energy storage
144	144	systems, necessary to:
145	145	(1) sustain critical medical care; or
146	146	(2) maintain the air temperature in the entity's
147	147	facilities.
148	148	(d) An entity is eligible to receive a matching grant under
149	149	this section only if the entity is:
150	150	(1) a nursing facility, as defined by Section 242.301,
151	151	Health and Safety Code; or
152	152	(2) an assisted living facility, as defined by Section
153	153	247.002, Health and Safety Code.
154	154	(e) In making grants under this section, the division may
155	155	consult with the Health and Human Services Commission.
156	156	(f) If the division receives more qualifying applications
157	157	for a grant under this section than the division has available money
158	158	to fully fund, the division may reduce the amount of each grant made
159	159	under this section in proportion to the number of individuals
160	160	served by the grant applicant.
161	161	(g) The division shall condition each grant awarded under
162	162	this section on the grant recipient:
163	163	(1) providing funds from non-state sources in a total
164	164	amount at least equal to 10 percent of the grant amount, with at
165	165	least five percent of the recipient's match coming from local
166	166	sources; and
167	167	(2) reimbursing the division for the amount of the
168	168	grant if the recipient ceases operation or relocates before the
169	169	fifth anniversary of the date on which the project for which the
170	170	grant was made is completed.
171	171	Sec. 418.407. DIALYSIS INFRASTRUCTURE ACCOUNT. (a) The
172	172	dialysis infrastructure account is an account in the fund.
173	173	(b) The account consists of:
174	174	(1) legislative appropriations to the division for a
175	175	purpose of the account; and
176	176	(2) money from gifts, grants, or donations to the
177	177	division for a purpose of the account.
178	178	(c) The division may use the account only to make matching
179	179	grants to end stage renal disease facilities, as defined by Section
180	180	251.001, Health and Safety Code, to fund projects relating to the
181	181	purchase of reserve power supply that is reliable during an extreme
182	182	weather event, such as on-site generation and energy storage
183	183	systems, necessary to sustain critical medical care.
184	184	(d) In making grants under this section, the division:
185	185	(1) shall consider:
186	186	(A) the expected number of individuals who will
187	187	benefit from the project;
188	188	(B) existing infrastructure and overall need for
189	189	the project;
190	190	(C) the potential benefit of the project to:
191	191	(i) low-income communities; and
192	192	(ii) areas in disparate parts of the state;
193	193	(D) the equitable distribution of grants
194	194	throughout the state;
195	195	(E) the existence of matching federal funds for
196	196	the project and whether available federal funds have been
197	197	exhausted; and
198	198	(F) the total impact of the project on the
199	199	state's resiliency; and
200	200	(2) may consult with the Health and Human Services
201	201	Commission.
202	202	(e) If the division receives more qualifying applications
203	203	for a grant under this section than the division has available money
204	204	to fully fund, the division may reduce the amount of each grant made
205	205	under this section in proportion to the number of individuals
206	206	served by the grant applicant.
207	207	(f) The division shall condition each grant awarded under
208	208	this section on the grant recipient:
209	209	(1) providing funds from non-state sources in a total
210	210	amount at least equal to 10 percent of the grant amount, with at
211	211	least five percent of the recipient's match coming from local
212	212	sources; and
213	213	(2) reimbursing the division for the amount of the
214	214	grant if the recipient ceases operation or relocates before the
215	215	fifth anniversary of the date on which the project for which the
216	216	grant was made is completed.
217	217	Sec. 418.408. RULES. The division shall adopt rules
218	218	necessary to carry out this subchapter, including rules:
219	219	(1) that establish procedures for an application for
220	220	and the award of financial assistance;
221	221	(2) for the investment of money; and
222	222	(3) for the administration of the fund.
223	223	SECTION 2. Section 15.001(6), Water Code, is amended to
224	224	read as follows:
225	225	(6) "Project" means:
226	226	(A) any undertaking or work, including planning
227	227	activities and work to obtain regulatory authority at the local,
228	228	state, and federal level, to conserve, convey, and develop water
229	229	resources in the state, to provide for the maintenance and
230	230	enhancement of the quality of the water of the state, to provide
231	231	nonstructural and structural flood control, drainage, subsidence
232	232	control, recharge, chloride control, brush control, precipitation
233	233	enhancement, and desalinization, to provide for the acquisition of
234	234	water rights and the repair of unsafe dams, to provide for the
235	235	weatherization of water and wastewater facilities, and to carry out
236	236	other purposes defined by board rules;
237	237	(B) any undertaking or work outside the state to
238	238	provide for the maintenance and enhancement of the quality of water
239	239	by eliminating saline inflow through well pumping and deep well
240	240	injection of brine; or
241	241	(C) any undertaking or work by Texas political
242	242	subdivisions or institutions of higher education to conserve,
243	243	convey, and develop water resources in areas outside Texas or to
244	244	provide for the maintenance and enhancement of the quality of the
245	245	water in areas adjoining Texas, if such undertaking or work will
246	246	result in water being available for use in or for the benefit of
247	247	Texas or will maintain and enhance the quality of water in Texas.
248	248	SECTION 3. Section 15.102(b), Water Code, is amended to
249	249	read as follows:
250	250	(b) The loan fund may also be used by the board to provide:
251	251	(1) grants or loans for projects that include
252	252	supplying water and wastewater services in economically distressed
253	253	areas or nonborder colonias as provided by legislative
254	254	appropriations, this chapter, and board rules, including projects
255	255	involving retail distribution of those services; [and]
256	256	(2) grants for:
257	257	(A) projects for which federal grant funds are
258	258	placed in the loan fund;
259	259	(B) projects, on specific legislative
260	260	appropriation for those projects; or
261	261	(C) water conservation, desalination, brush
262	262	control, weather modification, regionalization, and projects
263	263	providing regional water quality enhancement services as defined by
264	264	board rule, including regional conveyance systems; and
265	265	(3) grants for projects to harden and weatherize water
266	266	and wastewater systems in the state, including:
267	267	(A) covering wells;
268	268	(B) purchasing reserve power supply, such as
269	269	on-site generation and energy storage systems; and
270	270	(C) building connectivity to neighboring water
271	271	suppliers.
272	272	SECTION 4. Section 15.105, Water Code, is amended by adding
273	273	Subsection (c) to read as follows:
274	274	(c) Notwithstanding Subsection (a), in passing on an
275	275	application for a grant described by Section 15.102(b)(3), the
276	276	board shall:
277	277	(1) consider:
278	278	(A) the expected number of individuals who will
279	279	benefit from the project;
280	280	(B) existing infrastructure and overall need for
281	281	the project;
282	282	(C) the potential benefit of the project to:
283	283	(i) low-income communities; and
284	284	(ii) areas in disparate parts of the state;
285	285	(D) the equitable distribution of grants
286	286	throughout the state;
287	287	(E) the existence of matching federal funds for
288	288	the project and whether available federal funds have been
289	289	exhausted; and
290	290	(F) the total impact of the project on the
291	291	state's resiliency; and
292	292	(2) consult with the Texas Division of Emergency
293	293	Management.
294	294	SECTION 5. Section 15.107, Water Code, is amended by adding
295	295	Subsection (d) to read as follows:
296	296	(d) Notwithstanding any other provision of this section,
297	297	the board shall condition each grant awarded under Section
298	298	15.102(b)(3) on the grant recipient providing funds from non-state
299	299	sources in a total amount at least equal to 10 percent of the grant
300	300	amount, with at least five percent of the recipient's match coming
301	301	from local sources.
302	302	SECTION 6. This Act takes effect September 1, 2023.