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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Water Development Board to |
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use the state participation account of the water development fund |
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to provide financial assistance for the development of certain |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 16, Water Code, is amended |
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by adding Section 16.145 to read as follows: |
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Sec. 16.145. SEAWATER DESALINATION OR AQUIFER STORAGE AND |
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RECOVERY FACILITY. (a) In addition to using the account for the |
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purposes described by Section 16.131, the board may use the state |
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participation account of the development fund to provide financial |
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assistance for the development of a seawater desalination or |
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aquifer storage and recovery facility, including associated intake |
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or distribution facilities, to meet existing or projected future |
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water needs. |
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(b) Section 16.135 does not apply to the use of the state |
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participation account to acquire a facility or an interest in a |
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facility described by Subsection (a). |
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(c) Before the board may acquire a facility or an interest |
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in a facility described by Subsection (a), the board must find |
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affirmatively that: |
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(1) it is reasonable to expect that the state will |
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recover its investment in the facility; and |
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(2) the public interest will be served by the |
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acquisition of the facility. |
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(d) The board may not provide financial assistance under |
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this section for a facility unless the facility is included in the |
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state water plan. |
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(e) The board shall establish a point system for |
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prioritizing facilities for which financial assistance is sought |
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from the board under this section. The system must include a |
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standard for the board to apply in determining whether a facility |
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qualifies for financial assistance at the time the application for |
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financial assistance is filed with the board. |
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(f) The board may not issue more than $200 million in water |
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financial assistance bonds designated by the board as issued to |
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provide financial assistance for facilities under this section. |
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(g) If the board does not provide financial assistance for a |
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facility under this section before September 1, 2022, the board may |
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not provide financial assistance for any facility under this |
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section after that date. |
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SECTION 2. Section 16.182, Water Code, is amended to read as |
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follows: |
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Sec. 16.182. PERMIT REQUIRED. (a) Before the board grants |
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the application to buy, receive, or lease the facilities, the |
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applicant shall first secure a permit for water use from the |
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commission. If the facilities are to be leased, the permit may be |
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for a term of years. |
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(b) The board may assist the applicant with securing a |
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permit for a facility described by Section 16.145. |
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SECTION 3. Sections 17.957(b) and (c), Water Code, are |
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amended to read as follows: |
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(b) The state participation account is composed of: |
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(1) money and assets attributable to water financial |
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assistance bonds designated by the board as issued for projects |
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described in Sections [Section] 16.131 and 16.145; |
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(2) money from the sale, transfer, or lease of a |
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project described in Subdivision (1) that was acquired, |
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constructed, reconstructed, developed, or enlarged with money from |
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the state participation account; |
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(3) payments received under a bond enhancement |
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agreement with respect to water financial assistance bonds |
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designated by the board as issued for projects described in |
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Sections [Section] 16.131 and 16.145; |
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(4) investment income earned on money on deposit in |
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the state participation account; |
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(5) money disbursed to the fund from the state water |
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implementation fund for Texas as authorized by Section 15.434; and |
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(6) any other funds, regardless of their source, that |
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the board directs be deposited to the credit of the state |
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participation account. |
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(c) Money on deposit in the state participation account may |
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be used by the board for projects described in Sections [Section] |
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16.131 and 16.145 in the manner that the board determines necessary |
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for the administration of the fund. |
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SECTION 4. This Act takes effect September 1, 2017. |