BILL ANALYSIS

H.B. 3750

By: Lucio III

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The economically distressed areas program (EDAP) administered by the Texas Water Development Board provides financial assistance to projects serving economically distressed areas where water or sewer services do not exist or fail to meet minimum standards. However, the program does not currently provide assistance for backup generators in these areas for public water supply and sanitary sewer systems, which would help to keep critical water infrastructure online during power outages in high-need communities. H.B. 3750 seeks to remedy this situation by providing financial assistance, using EDAP funds, to economically distressed areas for the costs associated with backup power generators for facilities of public water supply and sanitary sewer systems.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Water Development Board in SECTION 1 of this bill.

ANALYSIS

H.B. 3750 amends the Water Code to authorize a political subdivision, under provisions relating to assistance to economically distressed areas for water supply and sewer service projects, to use financial assistance to pay for the installation, maintenance, operation, and fueling of a backup power generator for a facility of a public water supply and sanitary sewer system. The bill restricts the provision of assistance to political subdivisions that demonstrate an inability to pay for the installation, maintenance, operation, and fueling of such a backup power generator in accordance with Texas Water Development Board (TWDB) rules. The bill authorizes the TWDB to seek reimbursement from a political subdivision that has been provided assistance but that the TWDB determines is ineligible to receive the assistance. The bill requires the TWDB to adopt rules to implement the bill's provisions and sets out a certain legislative finding.

EFFECTIVE DATE

September 1, 2021.