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A BILL TO BE ENTITLED
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AN ACT
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relating to relieving regional water planning groups of certain |
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duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.435(g), Water Code, is amended to |
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read as follows: |
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(g) The board may not direct the trust company to enter into |
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a bond enhancement agreement with respect to bonds issued by the |
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board the proceeds of which may be used to provide financial |
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assistance to an applicant if at the time of the request the |
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applicant has failed to[: |
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[(1)] provide information regarding a water |
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conservation plan in accordance with Section 16.4021[; or |
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[(2) satisfactorily complete a request by the |
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executive administrator or a regional water planning group for |
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information relevant to the project for which the financial |
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assistance is sought, including a water infrastructure financing |
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survey under Section 16.053(q)]. |
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SECTION 2. Section 15.437(d), Water Code, is amended to |
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read as follows: |
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(d) In addition to the criteria provided by Subsection (c), |
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the board must also consider at least the following criteria in |
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prioritizing projects: |
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(1) the local contribution to be made to finance the |
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project, including the up-front capital to be provided by the |
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applicant; |
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(2) the financial capacity of the applicant to repay |
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the financial assistance provided; |
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(3) the ability of the board and the applicant to |
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timely leverage state financing with local and federal funding; |
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(4) whether there is an emergency need for the |
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project, taking into consideration whether: |
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(A) the applicant is included at the time of the |
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application on the list maintained by the commission of local |
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public water systems that have a water supply that will last less |
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than 180 days without additional rainfall; and |
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(B) federal funding for which the project is |
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eligible has been used or sought; |
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(5) if the applicant is applying for financial |
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assistance for the project under Subchapter Q, whether the |
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applicant is ready to proceed with the project at the time of the |
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application, including whether: |
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(A) all preliminary planning and design work |
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associated with the project has been completed; |
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(B) the applicant has acquired the water rights |
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associated with the project; |
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(C) the applicant has secured funding for the |
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project from other sources; and |
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(D) the applicant is able to begin implementing |
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or constructing the project; and |
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(6) the demonstrated or projected effect of the |
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project on water conservation, including preventing the loss of |
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water, taking into consideration, if applicable, whether the |
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applicant has filed a water audit with the board under Section |
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16.0121 that demonstrates that the applicant is accountable with |
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regard to reducing water loss and increasing efficiency in the |
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distribution of water[; and |
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[(7) the priority given the project by the applicable |
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regional water planning group under Section 15.436]. |
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SECTION 3. Section 15.438(g), Water Code, is amended to |
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read as follows: |
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(g) The advisory committee shall submit comments and |
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recommendations to the board regarding the use of money in the fund |
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for use by the board in adopting rules under Section 15.439 and in |
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adopting policies and procedures under Section 15.441. The |
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submission must include: |
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(1) comments and recommendations on rulemaking |
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related to the prioritization of projects in regional water plans |
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and the state water plan in accordance with Section [Sections |
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15.436 and] 15.437; |
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(2) comments and recommendations on rulemaking |
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related to establishing standards for determining whether projects |
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meet the criteria provided by Section 15.434(b); |
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(3) an evaluation of the available programs for |
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providing financing for projects included in the state water plan |
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and guidelines for implementing those programs, including |
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guidelines for providing financing for projects included in the |
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state water plan that are authorized under Subchapter Q or R of this |
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chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17; |
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(4) an evaluation of the lending practices of the |
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board and guidelines for lending standards; |
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(5) an evaluation of the use of funds by the board to |
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provide support for financial assistance for water projects, |
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including support for the purposes described by Section 15.435(c); |
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(6) an evaluation of whether premium financing |
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programs should be established within the funds described by |
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Section 15.435 to serve the purposes of this subchapter, especially |
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in connection with projects described by Section 15.434(b); |
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(7) an evaluation of methods for encouraging |
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participation in the procurement process by companies domiciled in |
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this state or that employ a significant number of residents of this |
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state; and |
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(8) an evaluation of the overall operation, function, |
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and structure of the fund. |
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SECTION 4. Section 15.439(a), Water Code, is amended to |
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read as follows: |
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(a) The board shall adopt rules providing for the use of |
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money in the fund that are consistent with this subchapter, |
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including rules: |
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(1) establishing standards for determining whether |
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projects meet the criteria provided by Section 15.434(b); and |
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(2) specifying the manner for prioritizing projects |
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for purposes of Section [Sections 15.436 and] 15.437. |
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SECTION 5. Section 15.912(b), Water Code, is amended to |
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read as follows: |
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(b) The board may not accept an application for a loan or |
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grant of financial assistance from the fund for a project |
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recommended through the state and regional water planning processes |
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under Sections 16.051 and 16.053 if the applicant has failed to |
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satisfactorily complete a request by the executive administrator or |
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a regional planning group for information relevant to the project[, |
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including a water infrastructure financing survey under Section |
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16.053(q)]. |
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SECTION 6. Section 15.975(d), Water Code, is amended to |
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read as follows: |
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(d) The board may not approve an application if the |
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applicant has failed to satisfactorily complete a request by the |
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executive administrator or a regional planning group for |
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information relevant to the project[, including a water |
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infrastructure financing survey under Section 16.053(q)]. |
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SECTION 7. Section 16.131(b), Water Code, is amended to |
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read as follows: |
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(b) The board may not use the state participation account of |
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the development fund to finance a project recommended through the |
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state and regional water planning processes under Sections 16.051 |
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and 16.053 if the applicant has failed to satisfactorily complete a |
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request by the executive administrator or a regional planning group |
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for information relevant to the project[, including a water |
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infrastructure financing survey under Section 16.053(q)]. |
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SECTION 8. Sections 15.436 and 16.053(q), Water Code, are |
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repealed. |
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SECTION 9. This Act takes effect September 1, 2021. |
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* * * * * |