Bill Text: TX HB11 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas House Bill 11 (Prior Session Legislation)

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.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2021-09-08 - Filed [HB11 Detail]

Download: Texas-2021-HB11-Introduced.html



	By: Zwiener	H.B. No. 11



	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
	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; [~~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 January 1, 2022.