Bill Text: TX HB11 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the creation and uses of the critical infrastructure resiliency fund and the eligibility of certain water-related projects for state financial assistance.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-09-08 - Filed [HB11 Detail]
Download: Texas-2021-HB11-Introduced.html
| By: Zwiener | H.B. No. 11 | |
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| relating to the creation and uses of the critical infrastructure | ||
| resiliency fund and the eligibility of certain water-related | ||
| projects for state financial assistance. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 418, Government Code, is amended by | ||
| adding Subchapter L to read as follows: | ||
| SUBCHAPTER L. CRITICAL INFRASTRUCTURE RESILIENCY FUND | ||
| Sec. 418.401. DEFINITION. In this subchapter, "fund" means | ||
| the critical infrastructure resiliency fund. | ||
| Sec. 418.402. CRITICAL INFRASTRUCTURE RESILIENCY FUND. (a) | ||
| The critical infrastructure resiliency fund is a special fund in | ||
| the state treasury outside the general revenue fund. | ||
| (b) The fund may be used by the division only as provided by | ||
| this subchapter. | ||
| (c) The fund consists of: | ||
| (1) legislative appropriations to the division for a | ||
| purpose of the fund; | ||
| (2) any revenue that by law is dedicated for deposit to | ||
| the fund; | ||
| (3) interest or other earnings on money credited to or | ||
| allocable to the fund; | ||
| (4) money from gifts, grants, or donations to the | ||
| fund; and | ||
| (5) money under the division's control that the | ||
| division designates for deposit to the fund. | ||
| Sec. 418.403. USE OF FUND. The division may use the fund | ||
| only to: | ||
| (1) make a grant to an eligible entity under this | ||
| subchapter; and | ||
| (2) pay the necessary and reasonable expenses of | ||
| administering the fund. | ||
| Sec. 418.404. ELECTRIC GRID IMPROVEMENT ACCOUNT. (a) The | ||
| electric grid improvement account is an account in the fund. | ||
| (b) The account consists of: | ||
| (1) legislative appropriations to the division for a | ||
| purpose of the account; and | ||
| (2) money from gifts, grants, or donations to the | ||
| division for a purpose of the account. | ||
| (c) Subject to Subsection (d), the division may use the | ||
| account only to make matching grants to eligible entities for | ||
| hardening and weatherizing the electric grid, including: | ||
| (1) installing advanced meter infrastructure and | ||
| demand response technology; | ||
| (2) improving load shed capabilities; | ||
| (3) incentivizing customers to engage in distributed | ||
| energy production and energy efficiency measures; | ||
| (4) installing electric energy storage; and | ||
| (5) weatherizing facilities. | ||
| (d) The division may not use the account to make grants for | ||
| routine vegetation management. | ||
| (e) An entity is eligible to receive a matching grant under | ||
| this section only if the entity is: | ||
| (1) a municipally owned electric utility; | ||
| (2) an electric cooperative; | ||
| (3) a transmission and distribution utility, as | ||
| defined by Section 31.002, Utilities Code; or | ||
| (4) a vertically integrated utility. | ||
| (f) In making grants under this section, the division: | ||
| (1) shall consider: | ||
| (A) the expected number of individuals who will | ||
| benefit from the project; | ||
| (B) existing infrastructure and overall need for | ||
| the project; | ||
| (C) the potential benefit of the project to: | ||
| (i) low-income communities; and | ||
| (ii) areas in disparate parts of the state; | ||
| (D) the equitable distribution of grants | ||
| throughout the state; | ||
| (E) the existence of matching federal funds for | ||
| the project and whether available federal funds have been | ||
| exhausted; and | ||
| (F) the total impact of the project on the | ||
| resiliency of the state's electric grid; and | ||
| (2) may consult with the Public Utility Commission of | ||
| Texas. | ||
| (g) The division shall condition each grant awarded under | ||
| this section on the grant recipient providing funds from non-state | ||
| sources in a total amount at least equal to 10 percent of the grant | ||
| amount, with at least five percent of the recipient's match coming | ||
| from local sources. | ||
| Sec. 418.405. HOSPITAL INFRASTRUCTURE RESILIENCY ACCOUNT. | ||
| (a) The hospital infrastructure resiliency account is an account | ||
| in the fund. | ||
| (b) The account consists of: | ||
| (1) legislative appropriations to the division for a | ||
| purpose of the account; and | ||
| (2) money from gifts, grants, or donations to the | ||
| division for a purpose of the account. | ||
| (c) The division may use the account only to make matching | ||
| grants to eligible entities for purchasing reserve power supply | ||
| that is reliable during an extreme weather event, such as on-site | ||
| generation and energy storage systems, necessary to sustain | ||
| critical medical care. | ||
| (d) An entity is eligible to receive a matching grant under | ||
| this section only if the entity is: | ||
| (1) a hospital owned by a municipality; or | ||
| (2) a private for-profit or nonprofit hospital. | ||
| (e) In making grants under this section, the division: | ||
| (1) shall consider: | ||
| (A) the expected number of individuals who will | ||
| benefit from the project; | ||
| (B) existing infrastructure and overall need for | ||
| the project; | ||
| (C) the potential benefit of the project to: | ||
| (i) low-income communities; and | ||
| (ii) areas in disparate parts of the state; | ||
| (D) the equitable distribution of grants | ||
| throughout the state; | ||
| (E) the existence of matching federal funds for | ||
| the project and whether available federal funds have been | ||
| exhausted; and | ||
| (F) the total impact of the project on the | ||
| state's resiliency; and | ||
| (2) may consult with the Health and Human Services | ||
| Commission. | ||
| (f) The division shall condition each grant awarded under | ||
| this section on the grant recipient: | ||
| (1) providing funds from non-state sources in a total | ||
| amount at least equal to 10 percent of the grant amount, with at | ||
| least five percent of the recipient's match coming from local | ||
| sources; and | ||
| (2) reimbursing the division for the amount of the | ||
| grant if the recipient ceases operation or relocates before the | ||
| fifth anniversary of the date on which the project for which the | ||
| grant was made is completed. | ||
| Sec. 418.406. NURSING HOME RESILIENCY ACCOUNT. (a) The | ||
| nursing home resiliency account is an account in the fund. | ||
| (b) The account consists of: | ||
| (1) legislative appropriations to the division for a | ||
| purpose of the account; and | ||
| (2) money from gifts, grants, or donations to the | ||
| division for a purpose of the account. | ||
| (c) The division may use the account only to make matching | ||
| grants to eligible entities for purchasing reserve power supply | ||
| that is reliable during an extreme weather event, such as on-site | ||
| generation and energy storage systems, necessary to: | ||
| (1) sustain critical medical care; or | ||
| (2) maintain the air temperature in the entity's | ||
| facilities. | ||
| (d) An entity is eligible to receive a matching grant under | ||
| this section only if the entity is: | ||
| (1) a nursing facility, as defined by Section 242.301, | ||
| Health and Safety Code; or | ||
| (2) an assisted living facility, as defined by Section | ||
| 247.002, Health and Safety Code. | ||
| (e) In making grants under this section, the division may | ||
| consult with the Health and Human Services Commission. | ||
| (f) If the division receives more qualifying applications | ||
| for a grant under this section than the division has available money | ||
| to fully fund, the division may reduce the amount of each grant made | ||
| under this section in proportion to the number of individuals | ||
| served by the grant applicant. | ||
| (g) The division shall condition each grant awarded under | ||
| this section on the grant recipient: | ||
| (1) providing funds from non-state sources in a total | ||
| amount at least equal to 10 percent of the grant amount, with at | ||
| least five percent of the recipient's match coming from local | ||
| sources; and | ||
| (2) reimbursing the division for the amount of the | ||
| grant if the recipient ceases operation or relocates before the | ||
| fifth anniversary of the date on which the project for which the | ||
| grant was made is completed. | ||
| Sec. 418.407. DIALYSIS INFRASTRUCTURE ACCOUNT. (a) The | ||
| dialysis infrastructure account is an account in the fund. | ||
| (b) The account consists of: | ||
| (1) legislative appropriations to the division for a | ||
| purpose of the account; and | ||
| (2) money from gifts, grants, or donations to the | ||
| division for a purpose of the account. | ||
| (c) The division may use the account only to make matching | ||
| grants to end stage renal disease facilities, as defined by Section | ||
| 251.001, Health and Safety Code, for purchasing reserve power | ||
| supply that is reliable during an extreme weather event, such as | ||
| on-site generation and energy storage systems, necessary to sustain | ||
| critical medical care. | ||
| (d) In making grants under this section, the division: | ||
| (1) shall consider: | ||
| (A) the expected number of individuals who will | ||
| benefit from the project; | ||
| (B) existing infrastructure and overall need for | ||
| the project; | ||
| (C) the potential benefit of the project to: | ||
| (i) low-income communities; and | ||
| (ii) areas in disparate parts of the state; | ||
| (D) the equitable distribution of grants | ||
| throughout the state; | ||
| (E) the existence of matching federal funds for | ||
| the project and whether available federal funds have been | ||
| exhausted; and | ||
| (F) the total impact of the project on the | ||
| state's resiliency; and | ||
| (2) may consult with the Health and Human Services | ||
| Commission. | ||
| (e) If the division receives more qualifying applications | ||
| for a grant under this section than the division has available money | ||
| to fully fund, the division may reduce the amount of each grant made | ||
| under this section in proportion to the number of individuals | ||
| served by the grant applicant. | ||
| (f) The division shall condition each grant awarded under | ||
| this section on the grant recipient: | ||
| (1) providing funds from non-state sources in a total | ||
| amount at least equal to 10 percent of the grant amount, with at | ||
| least five percent of the recipient's match coming from local | ||
| sources; and | ||
| (2) reimbursing the division for the amount of the | ||
| grant if the recipient ceases operation or relocates before the | ||
| fifth anniversary of the date on which the project for which the | ||
| grant was made is completed. | ||
| Sec. 418.408. RULES. The division shall adopt rules | ||
| necessary to carry out this subchapter, including rules: | ||
| (1) that establish procedures for an application for | ||
| and the award of financial assistance; | ||
| (2) for the investment of money; and | ||
| (3) for the administration of the fund. | ||
| SECTION 2. Section 15.001(6), Water Code, is amended to | ||
| read as follows: | ||
| (6) "Project" means: | ||
| (A) any undertaking or work, including planning | ||
| activities and work to obtain regulatory authority at the local, | ||
| state, and federal level, to conserve, convey, and develop water | ||
| resources in the state, to provide for the maintenance and | ||
| enhancement of the quality of the water of the state, to provide | ||
| nonstructural and structural flood control, drainage, subsidence | ||
| control, recharge, chloride control, brush control, precipitation | ||
| enhancement, and desalinization, to provide for the acquisition of | ||
| water rights and the repair of unsafe dams, to provide for the | ||
| weatherization of water and wastewater facilities, and to carry out | ||
| other purposes defined by board rules; | ||
| (B) any undertaking or work outside the state to | ||
| provide for the maintenance and enhancement of the quality of water | ||
| by eliminating saline inflow through well pumping and deep well | ||
| injection of brine; or | ||
| (C) any undertaking or work by Texas political | ||
| subdivisions or institutions of higher education to conserve, | ||
| convey, and develop water resources in areas outside Texas or to | ||
| provide for the maintenance and enhancement of the quality of the | ||
| water in areas adjoining Texas, if such undertaking or work will | ||
| result in water being available for use in or for the benefit of | ||
| Texas or will maintain and enhance the quality of water in Texas. | ||
| SECTION 3. Section 15.102(b), Water Code, is amended to | ||
| read as follows: | ||
| (b) The loan fund may also be used by the board to provide: | ||
| (1) grants or loans for projects that include | ||
| supplying water and wastewater services in economically distressed | ||
| areas or nonborder colonias as provided by legislative | ||
| appropriations, this chapter, and board rules, including projects | ||
| involving retail distribution of those services; [ |
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| (2) grants for: | ||
| (A) projects for which federal grant funds are | ||
| placed in the loan fund; | ||
| (B) projects, on specific legislative | ||
| appropriation for those projects; or | ||
| (C) water conservation, desalination, brush | ||
| control, weather modification, regionalization, and projects | ||
| providing regional water quality enhancement services as defined by | ||
| board rule, including regional conveyance systems; and | ||
| (3) grants for projects to harden and weatherize water | ||
| and wastewater systems in the state, including: | ||
| (A) covering wells; | ||
| (B) purchasing reserve power supply, such as | ||
| on-site generation and energy storage systems; and | ||
| (C) building connectivity to neighboring water | ||
| suppliers. | ||
| SECTION 4. Section 15.105, Water Code, is amended by adding | ||
| Subsection (c) to read as follows: | ||
| (c) Notwithstanding Subsection (a), in passing on an | ||
| application for a grant described by Section 15.102(b)(3), the | ||
| board shall: | ||
| (1) consider: | ||
| (A) the expected number of individuals who will | ||
| benefit from the project; | ||
| (B) existing infrastructure and overall need for | ||
| the project; | ||
| (C) the potential benefit of the project to: | ||
| (i) low-income communities; and | ||
| (ii) areas in disparate parts of the state; | ||
| (D) the equitable distribution of grants | ||
| throughout the state; | ||
| (E) the existence of matching federal funds for | ||
| the project and whether available federal funds have been | ||
| exhausted; and | ||
| (F) the total impact of the project on the | ||
| state's resiliency; and | ||
| (2) consult with the Texas Division of Emergency | ||
| Management. | ||
| SECTION 5. Section 15.107, Water Code, is amended by adding | ||
| Subsection (d) to read as follows: | ||
| (d) Notwithstanding any other provision of this section, | ||
| the board shall condition each grant awarded under Section | ||
| 15.102(b)(3) on the grant recipient providing funds from non-state | ||
| sources in a total amount at least equal to 10 percent of the grant | ||
| amount, with at least five percent of the recipient's match coming | ||
| from local sources. | ||
| SECTION 6. This Act takes effect January 1, 2022. | ||
