Texas SB 28: Relating to financial assistance provided and programs administered by the Texas Water Development Board.

Bill Text

S.B.ANo.A28
AN ACT
relating to financial assistance provided and programs
administered by the Texas Water Development Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 10.010, Water Code, is amended to read as
follows:
Sec.A10.010.AAPOWERS AND DUTIES OF COUNCIL.AAThe council
shall:
(1)AAmonitor trends in water conservation
implementation;
(2)AAmonitor new technologies for possible inclusion by
the board as best management practices in the best management
practices guide developed by the water conservation implementation
task force under Chapter 109, Acts of the 78th Legislature, Regular
Session, 2003;
(3)AAmonitor the effectiveness of the statewide water
[conservation] public awareness program developed under Section
16.026 [16.401] and associated local involvement in implementation
of the program;
(4)AAdevelop and implement a state water management
resource library;
(5)AAdevelop and implement a public recognition program
for water conservation;
(6)AAmonitor the implementation of water conservation
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strategies by water users included in regional water plans; and
(7)AAmonitor target and goal guidelines for water
conservation to be considered by the board and commission.
SECTIONA2.AAChapter 15, Water Code, is amended by adding
Subchapter C-1 to read as follows:
SUBCHAPTER C-1. NEW WATER SUPPLY FOR TEXAS FUND
Sec.A15.151.AADEFINITION. In this subchapter, "fund" means
the new water supply for Texas fund.
Sec.A15.152.AAFUND. (a) The new water supply for Texas fund
is a special fund in the state treasury administered by the board.
The fund consists of:
(1)AAmoney appropriated for transfer or deposit to the
credit of the fund;
(2)AAmoney the board transfers to the fund from any
available source;
(3)AAdepository interest allocable to the fund and
other investment returns on money in the fund;
(4)AAmoney from gifts, grants, or donations to the
fund; and
(5)AAany other fees or sources of revenue that the
legislature may dedicate for deposit to the fund.
(b)AAThe fund is exempt from the application of Section
403.095, Government Code.
Sec.A15.153.AAUSE OF FUND. (a) The board by rule shall
undertake to finance projects through the fund that will lead to
seven million acre-feet of new water supplies by December 31, 2033.
(b)AAThe fund may be used to:
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(1)AAprovide financial assistance to political
subdivisions to develop water supply projects that create new water
sources for the state, including:
(A)AAdesalination projects, including marine and
brackish water desalination;
(B)AAproduced water treatment projects, other
than projects that are only for purposes of oil and gas exploration;
(C)AAaquifer storage and recovery projects; and
(D)AAthe development of infrastructure to
transport water that is made available by a project described by
this subdivision;
(2)AAmake transfers from the fund:
(A)AAto the state water implementation fund for
Texas established under Subchapter G or the Texas Water Development
Fund II established under Subchapter L, Chapter 17; and
(B)AAfor a purpose described by Subdivision (1);
and
(3)AAmake transfers from the fund to the water bank
account established under Section 15.707.
(c)AAThe fund may be used for any purpose described by
Subsection (b) under criteria developed by the board. A loan made
from the fund under this subchapter may provide for repayment terms
of up to 30 years, in the board’s discretion.
(d)AAFinancial assistance for a purpose described by
Subsection (b)(1):
(1)AAmay be provided for a qualifying project under
Chapter 2267, Government Code, only if the project complies with
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that chapter; and
(2)AAmay not be provided for expenses associated with
the maintenance or operation of a water supply project described by
Subsection (b)(1).
Sec.A15.154.AAFINANCIAL ASSISTANCE. (a) The board shall
adopt rules necessary to administer this subchapter, including
rules establishing procedures for the application for and award of
financial assistance, the distribution of financial assistance,
the investment of funds, and the administration of financial
assistance and the fund.
(b)AAWhen evaluating an application for financial assistance
from a political subdivision, the board shall consider:
(1)AAthe intended end users of the water supply, the
needs of the area to be served by the project, the expected benefit
of the project to the area, the relationship of the project to the
water supply needs of this state overall, and the relationship of
the project to the state water plan;
(2)AAthe amount of water expected to be produced by the
project; and
(3)AAthe availability of money or revenue to the
political subdivision from all sources for the ultimate repayment
of the cost of the project, including all interest.
(c)AAThe board by