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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and uses of the critical infrastructure |
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resiliency fund and the eligibility of certain water-related |
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projects for state financial assistance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 418, Government Code, is amended by |
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adding Subchapter L to read as follows: |
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SUBCHAPTER L. CRITICAL INFRASTRUCTURE RESILIENCY FUND |
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Sec. 418.401. DEFINITION. In this subchapter, "fund" means |
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the critical infrastructure resiliency fund. |
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Sec. 418.402. CRITICAL INFRASTRUCTURE RESILIENCY FUND. (a) |
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The critical infrastructure resiliency fund is a special fund in |
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the state treasury outside the general revenue fund. |
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(b) The fund may be used by the division only as provided by |
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this subchapter. |
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(c) The fund consists of: |
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(1) legislative appropriations to the division for a |
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purpose of the fund; |
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(2) any revenue that by law is dedicated for deposit to |
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the fund; |
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(3) interest or other earnings on money credited to or |
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allocable to the fund; |
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(4) money from gifts, grants, or donations to the |
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fund; and |
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(5) money under the division's control that the |
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division designates for deposit to the fund. |
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Sec. 418.403. USE OF FUND. The division may use the fund |
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only to: |
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(1) make a grant to an eligible entity under this |
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subchapter; and |
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(2) pay the necessary and reasonable expenses of |
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administering the fund. |
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Sec. 418.404. ELECTRIC GRID IMPROVEMENT ACCOUNT. (a) The |
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electric grid improvement account is an account in the fund. |
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(b) The account consists of: |
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(1) legislative appropriations to the division for a |
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purpose of the account; and |
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(2) money from gifts, grants, or donations to the |
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division for a purpose of the account. |
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(c) Subject to Subsection (d), the division may use the |
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account only to make matching grants to eligible entities for |
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projects related to hardening and weatherizing the electric grid, |
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including: |
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(1) installing advanced meter infrastructure and |
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demand response technology; |
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(2) improving load shed capabilities; |
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(3) incentivizing customers to engage in distributed |
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energy production and energy efficiency measures; |
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(4) installing electric energy storage; and |
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(5) weatherizing facilities. |
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(d) The division may not use the account to make grants for |
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routine vegetation management. |
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(e) An entity is eligible to receive a matching grant under |
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this section only if the entity is: |
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(1) a municipally owned electric utility; |
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(2) an electric cooperative; |
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(3) a transmission and distribution utility, as |
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defined by Section 31.002, Utilities Code; or |
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(4) a vertically integrated utility. |
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(f) In making grants under this section, the division: |
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(1) shall consider: |
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(A) the expected number of individuals who will |
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benefit from the project; |
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(B) existing infrastructure and overall need for |
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the project; |
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(C) the potential benefit of the project to: |
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(i) low-income communities; and |
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(ii) areas in disparate parts of the state; |
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(D) the equitable distribution of grants |
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throughout the state; |
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(E) the existence of matching federal funds for |
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the project and whether available federal funds have been |
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exhausted; and |
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(F) the total impact of the project on the |
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resiliency of the state's electric grid; and |
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(2) may consult with the Public Utility Commission of |
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Texas. |
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(g) The division shall condition each grant awarded under |
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this section on the grant recipient providing funds from non-state |
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sources in a total amount at least equal to 10 percent of the grant |
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amount, with at least five percent of the recipient's match coming |
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from local sources. |
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Sec. 418.405. HOSPITAL INFRASTRUCTURE RESILIENCY ACCOUNT. |
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(a) The hospital infrastructure resiliency account is an account |
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in the fund. |
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(b) The account consists of: |
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(1) legislative appropriations to the division for a |
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purpose of the account; and |
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(2) money from gifts, grants, or donations to the |
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division for a purpose of the account. |
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(c) The division may use the account only to make matching |
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grants to eligible entities to fund projects relating to the |
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purchase of reserve power supply that is reliable during an extreme |
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weather event, such as on-site generation and energy storage |
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systems, necessary to sustain critical medical care. |
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(d) An entity is eligible to receive a matching grant under |
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this section only if the entity is: |
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(1) a hospital owned by a municipality; or |
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(2) a private for-profit or nonprofit hospital. |
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(e) In making grants under this section, the division: |
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(1) shall consider: |
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(A) the expected number of individuals who will |
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benefit from the project; |
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(B) existing infrastructure and overall need for |
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the project; |
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(C) the potential benefit of the project to: |
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(i) low-income communities; and |
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(ii) areas in disparate parts of the state; |
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(D) the equitable distribution of grants |
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throughout the state; |
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(E) the existence of matching federal funds for |
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the project and whether available federal funds have been |
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exhausted; and |
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(F) the total impact of the project on the |
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state's resiliency; and |
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(2) may consult with the Health and Human Services |
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Commission. |
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(f) The division shall condition each grant awarded under |
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this section on the grant recipient: |
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(1) providing funds from non-state sources in a total |
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amount at least equal to 10 percent of the grant amount, with at |
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least five percent of the recipient's match coming from local |
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sources; and |
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(2) reimbursing the division for the amount of the |
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grant if the recipient ceases operation or relocates before the |
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fifth anniversary of the date on which the project for which the |
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grant was made is completed. |
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Sec. 418.406. NURSING HOME RESILIENCY ACCOUNT. (a) The |
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nursing home resiliency account is an account in the fund. |
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(b) The account consists of: |
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(1) legislative appropriations to the division for a |
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purpose of the account; and |
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(2) money from gifts, grants, or donations to the |
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division for a purpose of the account. |
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(c) The division may use the account only to make matching |
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grants to eligible entities to fund projects relating to the |
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purchase of reserve power supply that is reliable during an extreme |
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weather event, such as on-site generation and energy storage |
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systems, necessary to: |
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(1) sustain critical medical care; or |
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(2) maintain the air temperature in the entity's |
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facilities. |
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(d) An entity is eligible to receive a matching grant under |
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this section only if the entity is: |
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(1) a nursing facility, as defined by Section 242.301, |
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Health and Safety Code; or |
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(2) an assisted living facility, as defined by Section |
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247.002, Health and Safety Code. |
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(e) In making grants under this section, the division may |
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consult with the Health and Human Services Commission. |
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(f) If the division receives more qualifying applications |
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for a grant under this section than the division has available money |
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to fully fund, the division may reduce the amount of each grant made |
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under this section in proportion to the number of individuals |
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served by the grant applicant. |
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(g) The division shall condition each grant awarded under |
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this section on the grant recipient: |
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(1) providing funds from non-state sources in a total |
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amount at least equal to 10 percent of the grant amount, with at |
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least five percent of the recipient's match coming from local |
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sources; and |
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(2) reimbursing the division for the amount of the |
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grant if the recipient ceases operation or relocates before the |
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fifth anniversary of the date on which the project for which the |
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grant was made is completed. |
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Sec. 418.407. DIALYSIS INFRASTRUCTURE ACCOUNT. (a) The |
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dialysis infrastructure account is an account in the fund. |
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(b) The account consists of: |
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(1) legislative appropriations to the division for a |
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purpose of the account; and |
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(2) money from gifts, grants, or donations to the |
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division for a purpose of the account. |
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(c) The division may use the account only to make matching |
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grants to end stage renal disease facilities, as defined by Section |
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251.001, Health and Safety Code, to fund projects relating to the |
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purchase of reserve power supply that is reliable during an extreme |
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weather event, such as on-site generation and energy storage |
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systems, necessary to sustain critical medical care. |
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(d) In making grants under this section, the division: |
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(1) shall consider: |
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(A) the expected number of individuals who will |
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benefit from the project; |
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(B) existing infrastructure and overall need for |
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the project; |
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(C) the potential benefit of the project to: |
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(i) low-income communities; and |
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(ii) areas in disparate parts of the state; |
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(D) the equitable distribution of grants |
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throughout the state; |
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(E) the existence of matching federal funds for |
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the project and whether available federal funds have been |
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exhausted; and |
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(F) the total impact of the project on the |
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state's resiliency; and |
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(2) may consult with the Health and Human Services |
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Commission. |
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(e) If the division receives more qualifying applications |
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for a grant under this section than the division has available money |
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to fully fund, the division may reduce the amount of each grant made |
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under this section in proportion to the number of individuals |
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served by the grant applicant. |
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(f) The division shall condition each grant awarded under |
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this section on the grant recipient: |
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(1) providing funds from non-state sources in a total |
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amount at least equal to 10 percent of the grant amount, with at |
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least five percent of the recipient's match coming from local |
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sources; and |
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(2) reimbursing the division for the amount of the |
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grant if the recipient ceases operation or relocates before the |
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fifth anniversary of the date on which the project for which the |
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grant was made is completed. |
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Sec. 418.408. RULES. The division shall adopt rules |
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necessary to carry out this subchapter, including rules: |
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(1) that establish procedures for an application for |
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and the award of financial assistance; |
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(2) for the investment of money; and |
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(3) for the administration of the fund. |
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SECTION 2. Section 15.001(6), Water Code, is amended to |
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read as follows: |
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(6) "Project" means: |
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(A) any undertaking or work, including planning |
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activities and work to obtain regulatory authority at the local, |
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state, and federal level, to conserve, convey, and develop water |
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resources in the state, to provide for the maintenance and |
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enhancement of the quality of the water of the state, to provide |
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nonstructural and structural flood control, drainage, subsidence |
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control, recharge, chloride control, brush control, precipitation |
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enhancement, and desalinization, to provide for the acquisition of |
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water rights and the repair of unsafe dams, to provide for the |
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weatherization of water and wastewater facilities, and to carry out |
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other purposes defined by board rules; |
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(B) any undertaking or work outside the state to |
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provide for the maintenance and enhancement of the quality of water |
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by eliminating saline inflow through well pumping and deep well |
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injection of brine; or |
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(C) any undertaking or work by Texas political |
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subdivisions or institutions of higher education to conserve, |
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convey, and develop water resources in areas outside Texas or to |
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provide for the maintenance and enhancement of the quality of the |
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water in areas adjoining Texas, if such undertaking or work will |
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result in water being available for use in or for the benefit of |
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Texas or will maintain and enhance the quality of water in Texas. |
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SECTION 3. Section 15.102(b), Water Code, is amended to |
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read as follows: |
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(b) The loan fund may also be used by the board to provide: |
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(1) grants or loans for projects that include |
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supplying water and wastewater services in economically distressed |
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areas or nonborder colonias as provided by legislative |
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appropriations, this chapter, and board rules, including projects |
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involving retail distribution of those services; [and] |
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(2) grants for: |
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(A) projects for which federal grant funds are |
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placed in the loan fund; |
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(B) projects, on specific legislative |
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appropriation for those projects; or |
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(C) water conservation, desalination, brush |
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control, weather modification, regionalization, and projects |
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providing regional water quality enhancement services as defined by |
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board rule, including regional conveyance systems; and |
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(3) grants for projects to harden and weatherize water |
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and wastewater systems in the state, including: |
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(A) covering wells; |
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(B) purchasing reserve power supply, such as |
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on-site generation and energy storage systems; and |
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(C) building connectivity to neighboring water |
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suppliers. |
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SECTION 4. Section 15.105, Water Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a), in passing on an |
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application for a grant described by Section 15.102(b)(3), the |
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board shall: |
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(1) consider: |
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(A) the expected number of individuals who will |
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benefit from the project; |
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(B) existing infrastructure and overall need for |
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the project; |
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(C) the potential benefit of the project to: |
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(i) low-income communities; and |
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(ii) areas in disparate parts of the state; |
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(D) the equitable distribution of grants |
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throughout the state; |
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(E) the existence of matching federal funds for |
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the project and whether available federal funds have been |
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exhausted; and |
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(F) the total impact of the project on the |
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state's resiliency; and |
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(2) consult with the Texas Division of Emergency |
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Management. |
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SECTION 5. Section 15.107, Water Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) Notwithstanding any other provision of this section, |
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the board shall condition each grant awarded under Section |
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15.102(b)(3) on the grant recipient providing funds from non-state |
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sources in a total amount at least equal to 10 percent of the grant |
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amount, with at least five percent of the recipient's match coming |
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from local sources. |
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SECTION 6. This Act takes effect September 1, 2023. |