Bill Text: TX HB2350 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to financial assistance provided to political subdivisions by the Texas Water Development Board for water resource restoration projects.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2021-05-10 - Referred to Water, Agriculture, & Rural Affairs [HB2350 Detail]
Download: Texas-2021-HB2350-Engrossed.html
| By: Zwiener, Walle, Harris | H.B. No. 2350 | |
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| relating to financial assistance provided to political | ||
| subdivisions by the Texas Water Development Board for water | ||
| resource restoration projects. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 15.604(b), Water Code, is amended to | ||
| read as follows: | ||
| (b) The board shall adopt rules specifying the manner in | ||
| which any additional state revolving fund hereafter established by | ||
| the board, or any capitalization grant under the state water | ||
| pollution control revolving fund, the safe drinking water revolving | ||
| fund, or any additional state revolving fund, may be used to provide | ||
| financial assistance to an eligible applicant for public works. | ||
| Such rules shall require financial assistance to be provided for | ||
| the purpose or purposes and on the terms authorized by the federal | ||
| legislation or federal agency program under which the additional | ||
| state revolving fund was established or the capitalization grant | ||
| was awarded. To the extent not prohibited by board rule or federal | ||
| law or regulation, the state water pollution control revolving fund | ||
| established under this subchapter may be used to provide financial | ||
| assistance for water resource restoration projects described by | ||
| Section 15.619. | ||
| SECTION 2. Subchapter J, Chapter 15, Water Code, is amended | ||
| by adding Section 15.619 to read as follows: | ||
| Sec. 15.619. WATER RESOURCE RESTORATION PROJECTS. (a) In | ||
| this section, "water resource restoration project" means | ||
| nature-based infrastructure that will improve water quality in the | ||
| political subdivision where the project is located and may include | ||
| the acquisition of real property and the use of nature-based water | ||
| treatment technologies. | ||
| (b) Based on demand, the board may provide financial | ||
| assistance to a political subdivision for a locally directed and | ||
| managed water resource restoration project if the political | ||
| subdivision applicant will bear responsibility for implementation, | ||
| stewardship, and maintenance of the project. | ||
| (c) Subject to Section 15.603(d) of this chapter and Section | ||
| 602(b)(11) of the federal act, the board shall establish a process | ||
| by which a political subdivision may combine a project funded | ||
| through the state water pollution control revolving fund that is | ||
| not for a water resource restoration project with a water resource | ||
| restoration project. The board may allocate available principal | ||
| forgiveness for additional subsidization set-asides in the state | ||
| water pollution control revolving fund for green projects, as those | ||
| terms are defined by board rule, to the political subdivision to | ||
| substantially enhance the financial viability of the water resource | ||
| restoration project. | ||
| (d) A proposed water resource restoration project must | ||
| enhance water quality in the state and include the application of | ||
| best management practices for the primary purpose of water quality | ||
| protection and improvement. To the extent permitted by federal law | ||
| and regulation and United States Environmental Protection Agency | ||
| guidance, a proposed water resource restoration project may | ||
| include: | ||
| (1) the preservation or restoration of regional scale | ||
| natural landscape features, including forests, floodplains, and | ||
| wetlands; | ||
| (2) practices that reduce impervious cover in a | ||
| watershed; | ||
| (3) practices that increase water infiltration and | ||
| retention, including the use of bioretention, trees, green roofs, | ||
| permeable pavements, rain gardens, constructed wetlands, and | ||
| cisterns; | ||
| (4) the implementation of green streets in public | ||
| rights-of-way; | ||
| (5) the implementation of a comprehensive street tree | ||
| or urban forestry program to manage stormwater and enhance tree | ||
| health; | ||
| (6) the expanded use of tree box filters; | ||
| (7) stormwater collection and distribution systems, | ||
| including cisterns, separate stormwater sewer systems, and | ||
| downspout disconnection systems that use onsite stormwater | ||
| management and remove stormwater from sewer systems; | ||
| (8) soil quality enhancement activities; | ||
| (9) the restoration of native grasses and vegetation | ||
| that improve water infiltration; | ||
| (10) the establishment or restoration of permanent | ||
| riparian buffers, floodplains, wetlands, and other natural | ||
| features including vegetative buffers, grass swales, soft | ||
| bioengineered stream banks, and stream daylighting; | ||
| (11) the management of wetlands to improve water | ||
| quality and support water infiltration and retention; and | ||
| (12) sustainable landscaping to improve hydrologic | ||
| processes. | ||
| (e) A proposed water resource restoration project may not | ||
| include: | ||
| (1) passive recreation activities and trails | ||
| including bike trails, playgrounds, athletic fields, picnic | ||
| tables, and picnic grounds; | ||
| (2) non-permeable surface parking lots; | ||
| (3) stormwater ponds or dirt-lined detention basins | ||
| that serve an extended or filtration function; | ||
| (4) in-line and end-of-pipe treatment systems that | ||
| only filter or detain stormwater without the use of natural plants | ||
| and trees; | ||
| (5) underground stormwater control and treatment | ||
| devices, including hydrodynamic separators, baffle systems for | ||
| grit, trash removal, and oil and grease separators; | ||
| (6) stormwater conveyance systems, including pipes | ||
| and concrete channels, that are not soil or vegetation based; | ||
| (7) hardening, channelizing, dredging, or | ||
| straightening streams or stream banks; | ||
| (8) street sweepers, sewer cleaners, and vacuum trucks | ||
| unless they support nature-based infrastructure projects; and | ||
| (9) supplemental environmental projects required as a | ||
| part of an agreed order or consent decree. | ||
| (f) A water resource restoration project may not include the | ||
| acquisition of property, an interest in property, or improvements | ||
| to property through the use of eminent domain. | ||
| (g) The board shall establish a means of prioritizing water | ||
| resource restoration projects. | ||
| (h) An application for financial assistance for a water | ||
| resource restoration project under this section must include a | ||
| viability assessment that includes: | ||
| (1) the ability of the applicant to provide proper | ||
| oversight and management through a certified operator; and | ||
| (2) the financial ability of the users to support the | ||
| long-term maintenance of the water resource restoration project. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
