Bill Text: TX HB973 | 2023-2024 | 88th Legislature | Introduced

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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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-02 - Referred to State Affairs [HB973 Detail]

Download: Texas-2023-HB973-Introduced.html

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88R3154 KJE-F
By: Zwiener H.B. No. 973

A BILL TO BE ENTITLED
AN ACT
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
projects related to 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 to fund projects relating to the
purchase of 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 to fund projects relating to the
purchase of 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, to fund projects relating to the
purchase of 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; [and]
(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 September 1, 2023.