Bill Text: TX HB3339 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to requirements for programs of water conservation and water conservation plans.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3339 Detail]
Download: Texas-2019-HB3339-Comm_Sub.html
Bill Title: Relating to requirements for programs of water conservation and water conservation plans.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3339 Detail]
Download: Texas-2019-HB3339-Comm_Sub.html
86R19628 BRG-F | |||
By: Dominguez | H.B. No. 3339 | ||
Substitute the following for H.B. No. 3339: | |||
By: Price | C.S.H.B. No. 3339 |
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relating to requirements for programs of water conservation and | ||
water conservation plans. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 15.103(a) and (e), Water Code, are | ||
amended to read as follows: | ||
(a) In an application to the board for financial assistance | ||
from the loan fund, the applicant shall include: | ||
(1) the name of each political subdivision or federal | ||
agency and its principal officers; | ||
(2) a citation of the law under which each political | ||
subdivision or federal agency operates and was created; | ||
(3) the total cost of the project; | ||
(4) the amount of state financial assistance | ||
requested; | ||
(5) the plan for repaying the total cost of the | ||
project; [ |
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(6) the water conservation plan required by Section | ||
16.4021; and | ||
(7) any other information the board requires in order | ||
to perform its duties and to protect the public interest. | ||
(e) If the applicant claims an exemption under [ |
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shall state the exemption in the [ |
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information relating to the exemption as required by board rules. | ||
SECTION 2. Section 15.206(b), Water Code, is amended to | ||
read as follows: | ||
(b) The application must include the following information: | ||
(1) the name of the issuer; | ||
(2) citations of the laws under which the issuer is | ||
created and operates and under which the bonds to be insured are to | ||
be issued; | ||
(3) the total amount of bonds for which insurance | ||
coverage is sought and the anticipated interest rate on the bonds; | ||
(4) the term for which the bonds are to be issued; | ||
(5) the purpose or purposes for which the bonds are to | ||
be issued; | ||
(6) financial information relating to the issuance of | ||
the bonds and to the financial stability and future of the issuer; | ||
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(7) the water conservation plan required by Section | ||
16.4021; and | ||
(8) any other information the board requires by its | ||
rules or otherwise considers necessary in making a determination of | ||
the application. | ||
SECTION 3. Section 15.435(g), Water Code, is amended to | ||
read as follows: | ||
(g) The board may not direct the trust company to enter into | ||
a bond enhancement agreement with respect to bonds issued by the | ||
board the proceeds of which may be used to provide financial | ||
assistance to an applicant if at the time of the request the | ||
applicant has failed to: | ||
(1) provide information regarding [ |
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16.4021 [ |
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(2) satisfactorily complete a request by the executive | ||
administrator or a regional water planning group for information | ||
relevant to the project for which the financial assistance is | ||
sought, including a water infrastructure financing survey under | ||
Section 16.053(q). | ||
SECTION 4. Section 15.607, Water Code, is amended to read as | ||
follows: | ||
Sec. 15.607. APPROVAL OF APPLICATION. On review of | ||
recommendations by the executive administrator, the board by | ||
resolution may approve an application if the board finds that in its | ||
opinion the revenue or taxes or both revenue and taxes pledged by | ||
the applicant will be sufficient to meet all the obligations | ||
assumed by the applicant and that the application and assistance | ||
applied for meet the requirements of the federal act and state law, | ||
including Section 16.4021. [ |
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SECTION 5. Section 15.910(a), Water Code, is amended to | ||
read as follows: | ||
(a) In an application to the board for financial assistance | ||
from the fund, a political subdivision or water supply corporation | ||
must include: | ||
(1) its name and its principal officers; | ||
(2) a citation of the law under which the subdivision | ||
or corporation operates and was created; | ||
(3) a description of the water or wastewater project | ||
for which the financial assistance will be used; | ||
(4) the total cost of the project; | ||
(5) the amount of state financial assistance | ||
requested; | ||
(6) the plan for repaying any loan provided by the | ||
board for the project; [ |
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(7) the water conservation plan required by Section | ||
16.4021; and | ||
(8) any other information the board requires in order | ||
to perform its duties and to protect the public interest. | ||
SECTION 6. Section 15.975(a), Water Code, is amended to | ||
read as follows: | ||
(a) On review and recommendation by the executive | ||
administrator, the board by resolution may approve an application | ||
if the board finds that: | ||
(1) the application and the assistance applied for | ||
meet the requirements of this subchapter, Section 16.4021, and | ||
board rules; | ||
(2) the revenue or taxes, or both the revenue and | ||
taxes, pledged by the applicant will be sufficient to meet all the | ||
obligations assumed by the political subdivision; and | ||
(3) the project will meet water needs in a manner | ||
consistent with the state and regional water plans as required by | ||
Section 16.053(j), unless otherwise specified by an act of the | ||
legislature. | ||
SECTION 7. Section 15.995(e), Water Code, is amended to | ||
read as follows: | ||
(e) An application from a rural political subdivision [ |
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comply with the requirements of Section 16.4021 [ |
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SECTION 8. Section 16.136, Water Code, is amended to read as | ||
follows: | ||
Sec. 16.136. FACILITIES WANTED BY POLITICAL SUBDIVISION. | ||
The board may acquire all or part of any authorized facility to the | ||
extent that the board finds that the political subdivision: | ||
(1) is willing and reasonably able to finance that | ||
portion of the cost of the facility that the board does not acquire; | ||
(2) has obtained all necessary permits; | ||
(3) has proposals that are consistent with the | ||
objectives of the state water plan; and | ||
(4) has complied with [ |
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conservation plan requirements [ |
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SECTION 9. Section 16.402(c), Water Code, is amended to | ||
read as follows: | ||
(c) The executive administrator shall review each water | ||
conservation plan and annual report to determine compliance with | ||
the minimum requirements established by Section 16.4021 [ |
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and the submission deadlines developed under Subsection (e) of this | ||
section. | ||
SECTION 10. Subchapter K, Chapter 16, Water Code, is | ||
amended by adding Section 16.4021 to read as follows: | ||
Sec. 16.4021. WATER CONSERVATION PLAN REQUIREMENTS. (a) | ||
In this section, "water conservation plan" means a plan that | ||
describes a program of water conservation for the more efficient | ||
use of water. | ||
(b) This section applies to an application for financial | ||
assistance under: | ||
(1) Subchapters C, D, E, G, H, J, O, Q, and R, Chapter | ||
15; | ||
(2) Subchapters E and F of this chapter; and | ||
(3) Subchapters D, F, I, K, and L, Chapter 17. | ||
(c) Except as provided by Subsection (d), an applicant must | ||
submit with the application a description of the applicant's | ||
proposed or adopted water conservation plan. The water | ||
conservation plan: | ||
(1) must: | ||
(A) incorporate the practices, techniques, and | ||
technology described by Section 15.001(9)(B); | ||
(B) meet reasonably anticipated local needs and | ||
conditions, as determined by the board; and | ||
(C) include specific, quantified five-year and | ||
10-year targets for water savings, including goals for water loss | ||
programs and municipal use measured in gallons per capita per day; | ||
and | ||
(2) may include: | ||
(A) restrictions on discretionary water uses, | ||
including lawn watering; | ||
(B) plumbing code standards for water | ||
conservation in new building construction; | ||
(C) retrofit programs to improve water-use | ||
efficiency in existing buildings; | ||
(D) educational programs; | ||
(E) universal metering; | ||
(F) conservation-oriented water rate structures; | ||
(G) drought contingency plans; and | ||
(H) distribution system leak detection and | ||
repair. | ||
(d) An applicant is not required to submit a water | ||
conservation plan under this section if: | ||
(1) an emergency exists as determined by the board; | ||
(2) the amount of financial assistance under | ||
consideration is not greater than $500,000; | ||
(3) the applicant demonstrates and the board finds | ||
that the implementation of a water conservation plan is not | ||
reasonably necessary for conservation; or | ||
(4) the financial assistance is to fund a project that | ||
consists of construction outside this state. | ||
(e) The board may not provide financial assistance to an | ||
applicant to which this section applies unless the applicant | ||
demonstrates that it has adopted and implemented a water | ||
conservation plan that meets the requirements for a water | ||
conservation plan under Subsection (c). | ||
(f) The board shall establish an educational and technical | ||
assistance program to assist political subdivisions in developing | ||
comprehensive water conservation plans. | ||
(g) If the applicant will use the project to furnish water | ||
or services to another entity that will furnish the water or | ||
services to the ultimate consumer, the requirement for an applicant | ||
to demonstrate adoption and implementation of a water conservation | ||
plan can be met through contractual agreements between the | ||
applicant and the other entity providing for the adoption and | ||
implementation of a water conservation plan by the other entity. | ||
(h) Rules adopted under this section must state the criteria | ||
for preparation, review, and enforcement of an applicant's water | ||
conservation plan. | ||
SECTION 11. Section 16.403, Water Code, as added by Chapter | ||
595 (S.B. 181), Acts of the 82nd Legislature, Regular Session, | ||
2011, is amended to read as follows: | ||
Sec. 16.403. WATER USE REPORTING. (a) [ |
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Water Conservation Advisory Council, shall develop a uniform, | ||
consistent methodology and guidance for calculating water use and | ||
conservation to be used by a municipality or water utility in | ||
developing water conservation plans and preparing reports required | ||
under this code. At a minimum, the methodology and guidance must | ||
include: | ||
(1) a method of calculating total water use by a | ||
municipality or water utility, including water billed and | ||
nonrevenue water used, and a method of calculating water use for | ||
each sector of water users served by a municipality or water | ||
utility; | ||
(2) a method of calculating total water use by a | ||
municipality or water utility in gallons per capita per day; | ||
(3) a method of classifying water users within | ||
sectors; | ||
(4) a method of calculating water use in the | ||
residential sector that includes both single-family and | ||
multifamily residences, in gallons per capita per day; | ||
(5) a method of calculating water use in the | ||
industrial, agricultural, commercial, and institutional sectors | ||
that is not dependent on a municipality's population or the number | ||
of customers served by a water utility; and | ||
(6) guidelines on the use of service populations by a | ||
municipality or water utility in developing a per-capita-based | ||
method of calculation, including guidance on the use of permanent | ||
and temporary populations in making calculations. | ||
(b) [ |
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shall use the methodology and guidance developed under Subsection | ||
(a) [ |
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conservation, survey, or other report relating to water | ||
conservation submitted to the board or the commission under: | ||
(1) Section 11.1271; | ||
(2) Section 13.146; | ||
(3) [ |
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(4) [ |
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(5) Section 16.4021 | ||
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(c) [ |
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and the Water Conservation Advisory Council, shall develop a data | ||
collection and reporting program for municipalities and water | ||
utilities with more than 3,300 connections. | ||
(d) [ |
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year, the board shall submit to the legislature a report that | ||
includes the most recent data relating to: | ||
(1) statewide water usage in the residential, | ||
industrial, agricultural, commercial, and institutional sectors; | ||
and | ||
(2) the data collection and reporting program | ||
developed under Subsection (c) [ |
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(e) Data included in a water conservation plan or report | ||
required under this code and submitted to the board or commission | ||
must be interpreted in the context of variations in local water use. | ||
The data may not be the only factor considered by the commission in | ||
determining the highest practicable level of water conservation and | ||
efficiency achievable in the jurisdiction of a municipality or | ||
water utility for purposes of Section 11.085(l). | ||
SECTION 12. Sections 17.122(a) and (c), Water Code, are | ||
amended to read as follows: | ||
(a) In an application to the board for financial assistance | ||
for a water supply project, the applicant shall include: | ||
(1) the name of the political subdivision and its | ||
principal officers; | ||
(2) a citation of the law under which the political | ||
subdivision operates and was created; | ||
(3) a description of the water supply project for | ||
which the financial assistance will be used; | ||
(4) the total cost of the water supply project; | ||
(5) the amount of state financial assistance | ||
requested; | ||
(6) the plan for repaying the total cost of the water | ||
supply project; | ||
(7) the method for obtaining the financial assistance, | ||
whether by purchase of bonds or purchase of other obligations of the | ||
political subdivision; [ |
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(8) the water conservation plan required by Section | ||
16.4021; and | ||
(9) any other information the board requires. | ||
(c) If the applicant claims an exemption under [ |
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shall state the exemption in the [ |
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information relating to that exemption as provided by board rules. | ||
SECTION 13. Sections 17.274(a) and (c), Water Code, are | ||
amended to read as follows: | ||
(a) In an application to the board for financial assistance | ||
for water quality enhancement purposes, the applicant shall | ||
include: | ||
(1) the name of the political subdivision and its | ||
principal officers; | ||
(2) a citation of the law under which the political | ||
subdivision operates and was created; | ||
(3) a description of the treatment works for which the | ||
financial assistance will be used; | ||
(4) the estimated total cost of construction of the | ||
treatment works; | ||
(5) the amount of state financial assistance | ||
requested; | ||
(6) the method for obtaining the financial assistance, | ||
whether by purchase of bonds or purchase of other obligations of the | ||
political subdivision; | ||
(7) the plan for repaying the financial assistance; | ||
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(8) the water conservation plan required by Section | ||
16.4021; and | ||
(9) any other information the board requires. | ||
(c) If the applicant claims an exemption under [ |
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state the exemption in the application and provide information | ||
relating to that exemption as provided by board rules. | ||
SECTION 14. Section 17.855(a), Water Code, is amended to | ||
read as follows: | ||
(a) In an application to the board for financial assistance | ||
through the acquisition of acquired obligations, the participant | ||
shall include: | ||
(1) the name of the participant and its principal | ||
officer or officers; | ||
(2) a citation of the law under which the participant | ||
was created, operates, and proposes to issue its obligations to be | ||
acquired by the board; | ||
(3) the total cost of the project; | ||
(4) the amount of state financial assistance | ||
requested; | ||
(5) the plan for paying the principal of and interest | ||
on its obligations to be acquired by the board; [ |
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(6) the water conservation plan required by Section | ||
16.4021; and | ||
(7) any other information the board requires in order | ||
to perform its duties and to protect the public interest. | ||
SECTION 15. Section 17.927(b), Water Code, is amended to | ||
read as follows: | ||
(b) The application and plan must include: | ||
(1) the name of the political subdivision and its | ||
principal officers; | ||
(2) a citation of the law under which the political | ||
subdivision was created and operates; | ||
(3) a project plan, prepared and certified by an | ||
engineer registered to practice in this state, that must: | ||
(A) describe the proposed planning, design, and | ||
construction activities necessary to provide water supply and sewer | ||
services that meet minimum state standards; and | ||
(B) identify the households to which the water | ||
supply and sewer services will be provided; | ||
(4) a budget that estimates the total cost of | ||
providing water supply and sewer services to the economically | ||
distressed area and a proposed schedule and method for repayment of | ||
financial assistance consistent with board rules and guidelines; | ||
(5) a description of the existing water supply and | ||
sewer facilities located in the area to be served by the proposed | ||
project, including a statement prepared and certified by an | ||
engineer registered to practice in this state that the facilities | ||
do not meet minimum state standards; | ||
(6) documentation that the appropriate political | ||
subdivision has adopted the model rules developed under Section | ||
16.343; | ||
(7) information identifying the median household | ||
income for the area to be served by the proposed project; [ |
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(8) the total amount of assistance requested from the | ||
economically distressed areas account; and | ||
(9) the water conservation plan required by Section | ||
16.4021. | ||
SECTION 16. The following provisions of the Water Code are | ||
repealed: | ||
(1) Section 15.103(d); | ||
(2) Sections 15.106(b), (b-1), (c), (d), (e), and (f); | ||
(3) Sections 15.208(b), (c), and (d); | ||
(4) Section 15.910(c); | ||
(5) Section 15.975(b); | ||
(6) Section 16.403, as added by Chapter 1233 (S.B. | ||
660), Acts of the 82nd Legislature, Regular Session, 2011; | ||
(7) Sections 17.125(b), (b-1), (b-2), (c), (d), (e), | ||
and (f); | ||
(8) Section 17.274(b); | ||
(9) Sections 17.277(b), (b-1), (c), (d), (e), and (f); | ||
(10) Sections 17.857(b), (b-1), (c), and (d); and | ||
(11) Section 17.927(c). | ||
SECTION 17. The changes in law made by this Act apply only | ||
to an application for financial assistance or public funding | ||
submitted to the Texas Water Development Board on or after the | ||
effective date of this Act. An application submitted before the | ||
effective date of this Act is governed by the law in effect | ||
immediately before the effective date of this Act, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 18. This Act takes effect September 1, 2019. |