BILL ANALYSIS
Senate Research Center S.B. 1514
79R5781 QS-F By: Averitt
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Under current Texas law, the Texas Water Development Board (TWDB) believes it does not have the statutory authority to receive State and Tribal Assistance Grants (STAG) for specific purposes. Congress, at various times, provides STAG funds to cities to be administered by the United States Environmental Protection Agency (EPA), to be used for water and wastewater projects. EPA is authorized to use up to three percent of each grant as a grant to the state to administer and oversee the STAG projects. In return for the administrative grant, the state assumes all major oversight roles relating to the planning, design, and building phases of the special projects. TWDB interpreted Section 16.093, Water Code, to authorize the agency to participate in the EPA's STAG program, but only for wastewater projects, and not for water supply projects or water-wastewater combination projects. TWDB was encouraged by EPA to apply for STAG funding to administer water or wastewater projects in Texas, but did not believe it had authority to do so because of the limitations in Section 16.093.
As proposed, S.B. 1514 clarifies and broadens TWDB's authority to receive federal grant, loan, and other assistance from any federal agency for water supply projects, treatment works, or structural or nonstructural flood control measures.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 16.093, Water Code, as follows:
Sec. 16.093. New heading: PARTICIPATION IN FEDERAL PROGRAMS. (a) Authorizes the Texas Water Development Board (TWDB) to execute agreements with the United States Environmental Protection Agency (EPA) or its successor agency or any other federal agency that administers programs providing federal grants, loans, or other assistance to local or state governments or other persons for water supply projects, treatment works, or structural or nonstructural flood control measures, as those terms are defined by Section 17.001 (Definitions). Authorizes TWDB to exercise all duties and responsibilities required for the administration by TWDB of a federal program described by this subsection.
(b) Authorizes the executive administrator of TWDB, with the approval of TWDB, to execute agreements with the EPA or its successor agency and any other agency for activities described by Subsection (a). Deletes existing text regarding fees payable to TWDB for grant processing and guidelines for federal grants.
(c) Authorizes TWDB to accept federal funds for the purposes provided by Subsection (a) or for other related purposes and to use the funds as prescribed by law or as provided by agreement. Deletes existing text referring to the appropriate accounts for depositing grant processing fees.
SECTION 2. Effective date: upon passage or September 1, 2005.