By:  Rosson                                           S.B. No. 1120
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to establishing a wastewater reclamation fund and
    1-2  providing financing to political subdivisions for wastewater
    1-3  reclamation projects to be administered by the Texas Water
    1-4  Development Board.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 15 of the Water Code is hereby amended by
    1-7  adding new Sections 15.701 through 15.709, to be entitled
    1-8  "Financial Assistance for Water Reclamation Projects" to read as
    1-9  follows:
   1-10        Section 15.701.  Creation of Wastewater Reclamation Fund.
   1-11  The Wastewater Reclamation Fund is created which is to be
   1-12  administered by the Board under this subchapter and in accordance
   1-13  with rules adopted by the Board.  The sum of twenty-five Million
   1-14  Dollars ($25,000,000) is transferred from various accounts
   1-15  containing available funds as identified by the Board to the
   1-16  Wastewater Reclamation Fund, subject to the funds being available
   1-17  for such purposes.  The Wastewater Reclamation Fund shall be used
   1-18  to provide financial assistance through low-interest loans and
   1-19  grants to political subdivisions for the construction of wastewater
   1-20  reclamation projects in accordance with the requirements of this
   1-21  subchapter and the requirements for the use of the Texas
   1-22  Administrative Code, Sections 310.1 through 310.18, and the rules
   1-23  of the Texas Water Commission.
    2-1        Section 15.702.  Purpose.  The purpose of this subchapter is
    2-2  to promote conservation of the potable water supply and beneficial
    2-3  uses of reclaimed wastewater by providing incentive financing
    2-4  through low-interest loans and grants to political subdivisions for
    2-5  the development of wastewater reclamation projects.
    2-6        Section 15.703.  Definitions.  In this Act:
    2-7              (1)  "reclaimed wastewater" means domestic wastewater
    2-8  or effluent that is under the direct control of a publicly owned
    2-9  treatment works owner or operator which has been treated to a
   2-10  quality suitable for beneficial use.
   2-11              (2)  "wastewater reclamation project" means the
   2-12  construction, acquisition, improvement, extension or addition to
   2-13  any wastewater reclamation and reclaimed water treatment,
   2-14  transmission, storage, discharge, recharge, disposal or
   2-15  distribution facility, or any similar or related wastewater
   2-16  reclamation or reuse project or facility.
   2-17              (3)  Board means the Texas Water Development Board.
   2-18        Section 15.704.  Creation and Administration of Program.  The
   2-19  Wastewater Reclamation Fund shall be held separately from other
   2-20  Funds by the Board outside the State Treasury to provide financial
   2-21  assistance to political subdivisions for construction or
   2-22  acquisition of wastewater reclamation projects.  The Board shall
   2-23  administer the Wastewater Reclamation Fund in the manner provided
   2-24  by federal and state law and under the rules adopted by the Board.
   2-25        Section 15.705.  Financial Assistance From the Wastewater
    3-1  Reclamation Fund.  (a)  The Board may use the Wastewater
    3-2  Reclamation Fund to provide financial assistance to political
    3-3  subdivisions for wastewater reclamation projects which shall
    3-4  include, but not be limited to, the following:
    3-5              (1)  irrigation of restricted landscape areas as that
    3-6  term is defined in Section 310.1 of the Texas Administrative Code,
    3-7  including golf courses, cemeteries, roadway right-of-ways and
    3-8  median dividers;
    3-9              (2)  irrigation of unrestricted landscape areas as that
   3-10  term is defined in Section 310.1 of the Texas Administrative Code,
   3-11  including parks, school yards, greenbelts and large multi-family
   3-12  turf areas;
   3-13              (3)  use for commercial and industrial purposes,
   3-14  including substitution for potable water for refineries, garment
   3-15  finishers, commercial laundries and other industrial and commercial
   3-16  complexes using more than twelve million gallons of potable water
   3-17  per year;
   3-18              (4)  recharge into groundwater aquifers or basins; or
   3-19              (5)  any other water or wastewater project which the
   3-20  Board determines constitutes beneficial wastewater reuse or results
   3-21  in potable water conservation and which tends to preserve the
   3-22  potable water supply available to the political subdivision.
   3-23        (b)  Two or more political subdivisions may jointly make an
   3-24  application, or a regional authority may contract with one or more
   3-25  political subdivisions as a joint venture for financial assistance.
    4-1        (c)  The Board may use the Wastewater Reclamation Fund to
    4-2  provide financial assistance to political subdivisions as follows:
    4-3              (1)  to make loans from the Wastewater Reclamation Fund
    4-4  which shall be set at a rate not more than a rate equal to fifty
    4-5  percent of the interest rate paid by the State on the most recent
    4-6  sale of State general obligation bonds for the Texas Water
    4-7  Development Fund, with the rate to be computed according to the
    4-8  true interest cost method and including interest free loans, at
    4-9  terms not to exceed twenty years.  Principal and interest payments
   4-10  will begin not later than one year after completion of construction
   4-11  or acquisition of any wastewater reclamation project and all loans
   4-12  shall be fully amortized not later than twenty years after
   4-13  completion of construction or acquisition of the wastewater
   4-14  reclamation project;
   4-15              (2)  to buy or refinance the debt of political
   4-16  subdivisions at or below market rates if necessary to facilitate
   4-17  financing of a wastewater reclamation project;
   4-18              (3)  to guarantee or purchase insurance for the
   4-19  obligations of political subdivisions if the guaranty or insurance
   4-20  were to improve access to financial markets or reduce interest
   4-21  rates on the obligations;
   4-22              (4)  as a source of revenue or security for the payment
   4-23  of principal of or interest on bonds issued by the Board if the
   4-24  proceeds of the sale of those bonds will be deposited in the
   4-25  Wastewater Reclamation Fund;
    5-1              (5)  to provide loan guarantees to political
    5-2  subdivisions to Accounts established by municipalities,
    5-3  inter-municipal agencies or the federal government;
    5-4              (6)  to earn interest on the Wastewater Reclamation
    5-5  Fund; and
    5-6              (7)  to pay the reasonable cost of administering the
    5-7  Wastewater Reclamation Fund and conducting activities providing for
    5-8  by any applicable law.
    5-9        Section 15.706.  Grants.  (a)  The Board may use the
   5-10  Wastewater Reclamation Fund to make grants if the political
   5-11  subdivision applying for the grant meets one or more of the
   5-12  following conditions:
   5-13              (1)  The political subdivision is within a critical
   5-14  groundwater area or has established, by a study which has been
   5-15  approved by the Board, that it depends primarily on groundwater for
   5-16  its water supply and the demand for groundwater resources will
   5-17  exceed the available groundwater supply within fifty years from the
   5-18  date of the grant application;
   5-19              (2)  The political subdivision's wastewater reclamation
   5-20  project will directly benefit an economically distressed area as
   5-21  that term is defined in Section 17.921(1) of this code;
   5-22              (3)  The political subdivision is located on an
   5-23  international border, shares one or more common groundwater
   5-24  aquifers or basins with a city located in Mexico and is
   5-25  experiencing increased demands on its water supply due to
    6-1  population and economic growth caused by the North American Free
    6-2  Trade Agreement or other factors; and
    6-3              (4)  The Board determines that the wastewater
    6-4  reclamation project will provide an alternate supply of water which
    6-5  will significantly reduce potable water demands and the Board
    6-6  determines that the revenue available to the political subdivision,
    6-7  from all sources, is not sufficient for the repayment of a
    6-8  low-interest loan.
    6-9        (b)  The Board may adopt rules to enable it to determine a
   6-10  political subdivision's applicability for a grant under this
   6-11  subchapter.
   6-12        Section 15.707.  Rules.  The Board shall adopt necessary
   6-13  rules to carry out this subchapter.
   6-14        Section 15.708.  Approval of Application.  The Board may, by
   6-15  resolution, approve an application for a low-interest loan if it
   6-16  finds that in its opinion the revenue or taxes or both pledged by
   6-17  the applicant will be sufficient to meet all the obligations
   6-18  assumed by the political subdivision.  The Board may approve a
   6-19  grant, by resolution, if it finds that the applicant meets one or
   6-20  more of the conditions for a grant under Section 15.706 above.  A
   6-21  program of water conservation for the more effective use of water
   6-22  and a certification that the applicant's wastewater reclamation
   6-23  project and the applicant meet all the requirements of applicable
   6-24  law shall be required in the same manner as required for approval
   6-25  of an application for financial assistance under Section 15.706 of
    7-1  this code.
    7-2        Section 15.709.  Approval and Registration.  The Board may
    7-3  not buy or refinance any obligations or guarantee or purchase
    7-4  insurance for obligations of a political subdivision that have not
    7-5  been approved by the Attorney General and registered by the
    7-6  Comptroller.
    7-7        SECTION 2.  The importance of this legislation and the
    7-8  crowded condition of the calendars in both houses create an
    7-9  emergency and an imperative public necessity that the
   7-10  constitutional rule requiring bills to be read on three several
   7-11  days in each house be suspended, and this rule is hereby suspended,
   7-12  and that this Act take effect and be in force according to its
   7-13  terms from and after its passage, and it is so enacted.