87R6424 SLB-F
 
  By: Taylor S.B. No. 1176
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to relieving regional water planning groups of certain
  duties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 15.435(g), Water Code, is amended to
  read as follows:
         (g)  The board may not direct the trust company to enter into
  a bond enhancement agreement with respect to bonds issued by the
  board the proceeds of which may be used to provide financial
  assistance to an applicant if at the time of the request the
  applicant has failed to[:
               [(1)]  provide information regarding a water
  conservation plan in accordance with Section 16.4021[; or
               [(2)  satisfactorily complete a request by the
  executive administrator or a regional water planning group for
  information relevant to the project for which the financial
  assistance is sought, including a water infrastructure financing
  survey under Section 16.053(q)].
         SECTION 2.  Section 15.437(d), Water Code, is amended to
  read as follows:
         (d)  In addition to the criteria provided by Subsection (c),
  the board must also consider at least the following criteria in
  prioritizing projects:
               (1)  the local contribution to be made to finance the
  project, including the up-front capital to be provided by the
  applicant;
               (2)  the financial capacity of the applicant to repay
  the financial assistance provided;
               (3)  the ability of the board and the applicant to
  timely leverage state financing with local and federal funding;
               (4)  whether there is an emergency need for the
  project, taking into consideration whether:
                     (A)  the applicant is included at the time of the
  application on the list maintained by the commission of local
  public water systems that have a water supply that will last less
  than 180 days without additional rainfall; and
                     (B)  federal funding for which the project is
  eligible has been used or sought;
               (5)  if the applicant is applying for financial
  assistance for the project under Subchapter Q, whether the
  applicant is ready to proceed with the project at the time of the
  application, including whether:
                     (A)  all preliminary planning and design work
  associated with the project has been completed;
                     (B)  the applicant has acquired the water rights
  associated with the project;
                     (C)  the applicant has secured funding for the
  project from other sources; and
                     (D)  the applicant is able to begin implementing
  or constructing the project; and
               (6)  the demonstrated or projected effect of the
  project on water conservation, including preventing the loss of
  water, taking into consideration, if applicable, whether the
  applicant has filed a water audit with the board under Section
  16.0121 that demonstrates that the applicant is accountable with
  regard to reducing water loss and increasing efficiency in the
  distribution of water[; and
               [(7)  the priority given the project by the applicable
  regional water planning group under Section 15.436].
         SECTION 3.  Section 15.438(g), Water Code, is amended to
  read as follows:
         (g)  The advisory committee shall submit comments and
  recommendations to the board regarding the use of money in the fund
  for use by the board in adopting rules under Section 15.439 and in
  adopting policies and procedures under Section 15.441.  The
  submission must include:
               (1)  comments and recommendations on rulemaking
  related to the prioritization of projects in regional water plans
  and the state water plan in accordance with Section [Sections
  15.436 and] 15.437;
               (2)  comments and recommendations on rulemaking
  related to establishing standards for determining whether projects
  meet the criteria provided by Section 15.434(b);
               (3)  an evaluation of the available programs for
  providing financing for projects included in the state water plan
  and guidelines for implementing those programs, including
  guidelines for providing financing for projects included in the
  state water plan that are authorized under Subchapter Q or R of this
  chapter, Subchapter E or F, Chapter 16, or Subchapter J, Chapter 17;
               (4)  an evaluation of the lending practices of the
  board and guidelines for lending standards;
               (5)  an evaluation of the use of funds by the board to
  provide support for financial assistance for water projects,
  including support for the purposes described by Section 15.435(c);
               (6)  an evaluation of whether premium financing
  programs should be established within the funds described by
  Section 15.435 to serve the purposes of this subchapter, especially
  in connection with projects described by Section 15.434(b);
               (7)  an evaluation of methods for encouraging
  participation in the procurement process by companies domiciled in
  this state or that employ a significant number of residents of this
  state; and
               (8)  an evaluation of the overall operation, function,
  and structure of the fund.
         SECTION 4.  Section 15.439(a), Water Code, is amended to
  read as follows:
         (a)  The board shall adopt rules providing for the use of
  money in the fund that are consistent with this subchapter,
  including rules:
               (1)  establishing standards for determining whether
  projects meet the criteria provided by Section 15.434(b); and
               (2)  specifying the manner for prioritizing projects
  for purposes of Section [Sections 15.436 and] 15.437.
         SECTION 5.  Section 15.912(b), Water Code, is amended to
  read as follows:
         (b)  The board may not accept an application for a loan or
  grant of financial assistance from the fund for a project
  recommended through the state and regional water planning processes
  under Sections 16.051 and 16.053 if the applicant has failed to
  satisfactorily complete a request by the executive administrator or
  a regional planning group for information relevant to the project[,
  including a water infrastructure financing survey under Section
  16.053(q)].
         SECTION 6.  Section 15.975(d), Water Code, is amended to
  read as follows:
         (d)  The board may not approve an application if the
  applicant has failed to satisfactorily complete a request by the
  executive administrator or a regional planning group for
  information relevant to the project[, including a water
  infrastructure financing survey under Section 16.053(q)].
         SECTION 7.  Section 16.131(b), Water Code, is amended to
  read as follows:
         (b)  The board may not use the state participation account of
  the development fund to finance a project recommended through the
  state and regional water planning processes under Sections 16.051
  and 16.053 if the applicant has failed to satisfactorily complete a
  request by the executive administrator or a regional planning group
  for information relevant to the project[, including a water
  infrastructure financing survey under Section 16.053(q)].
         SECTION 8.  Sections 15.436 and 16.053(q), Water Code, are
  repealed.
         SECTION 9.  This Act takes effect September 1, 2021.