HB16 - Relating to the oversight and financing of certain water infrastructure matters under the jurisdiction of the Texas Water Development Board.

  89R17900 TYPED     By: Harris H.B. No. 16       A BILL TO BE ENTITLED   AN ACT   relating to the oversight and financing of certain water   infrastructure matters under the jurisdiction of the Texas Water   Development Board.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. WATER INFRASTRUCTURE DEVELOPMENT          SECTION 1.1.  Section 15.153(b), Water Code, is amended to   read as follows:          (b)  The fund may be used to:                (1)  provide financial assistance to political   subdivisions to develop water supply projects that create new water   sources for the state, including:                      (A)  desalination projects, including marine and   brackish water desalination;                      (B)  produced water treatment projects, other   than projects that are only for purposes of oil and gas exploration;                      (C)  aquifer storage and recovery projects; [ and ]                      (D)   reservoir projects for which:                             (i)     a permit for the discharge of dredged or   fill material has been issued by the United States secretary of the   army under Section 404, Federal Water Pollution Control Act (33   U.S.C. Section 1344); and                             (ii)     a permit for the storage, taking, or   diversion of state water has been issued by the commission under   Section 11.121; and                       (E)   the development of infrastructure to   transport or integrate into a water supply system water that is made   available by a project described by this subdivision; and                       (F)  potable water reuse projects;                (2)  make transfers from the fund:                      (A)  to 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)  for a purpose described by Subdivision (1);   [ and ]                (3)  make transfers from the fund to the water bank   account established under Section 15.707 ; and                 (4)  make transfers from the fund:                       (A)     to the Texas Water Development Fund II state   participation account established under Section 17.957; and                       (B)  for a purpose described by Subdivision (1) .          SECTION 1.2.  Section 15.502(b), Water Code, is amended to   read as follows:          (b)  The board may use the fund only to transfer money to:                (1)  the water assistance fund established under   Subchapter B;                (2)  the new water supply for Texas fund established   under Subchapter C-1;                (3)  the state water implementation fund for Texas   established under Subchapter G;                (4)  the state water implementation revenue fund for   Texas established under Subchapter H;                 (4-a)     the flood infrastructure fund established under   Subchapter I;                (5)  a revolving fund established under Subchapter J;                (6)  the rural water assistance fund established under   Subchapter R;                (7)  the statewide water public awareness account   established under Section 16.027;                (8)  the Texas Water Development Fund II water   financial assistance account established under Section 17.959;   [ and ]                (9)  the Texas Water Development Fund II state   participation account established under Section 17.957 ;                 (10)     the water access assessment account established   under Section 16.028;                 (11)  the agricultural water conservation fund; and                 (12)     the economically distressed areas program   account .          SECTION 1.3.  Section 15.502(e), Water Code, is amended to   read as follows:          (e)  The fund consists of:                (1)  money transferred or deposited to the credit of   the fund by law, including :                       (A)     money transferred or deposited to the fund as   provided by Section 7-e, Article VIII, Texas Constitution;                       (B)   money appropriated by the legislature   directly to the fund ; and                       (C)   money from any source transferred or   deposited to the credit of the fund as authorized by law;                (2)  any other revenue that the legislature by statute   dedicates for deposit to the credit of the fund;                (3)  investment earnings and interest earned on amounts   credited to the fund;                (4)  money from gifts, grants, or donations to the   fund; and                (5)  money returned from any authorized transfer.          SECTION 1.4.  Section 15.504(c), Water Code, is amended to   read as follows:          (c)  The board shall ensure that a portion of the money   transferred from the fund is used for:                (1)  water and wastewater infrastructure projects,   prioritized by risk or need as described by the water access   assessment required under Section 6.116 , for:                      (A)  rural political subdivisions; and                      (B)  municipalities with a population of less than   150,000;                (2)  projects for which all required state or federal   permitting has been substantially completed, as determined by the   board;                (3)  the statewide water public awareness program   established under Section 16.026;                (4)  water conservation strategies; and                (5)  water loss mitigation projects.          SECTION 1.5.  Section 15.703(a), Water Code, is amended to   read as follows:          (a)  The board may take all actions necessary to operate the   water bank and to facilitate the transfer of water rights from the   water bank for future beneficial use , including but not limited to:                (1)  negotiating a sale price and terms acceptable to   the depositor and purchaser;                (2)  maintaining a registry of water bank deposits and   those water users in need of additional supplies;                (3)  informing water users in need of additional supply   of water rights available in the bank;                (4)  encouraging water right holders to implement water   conservation practices and deposit the right to use the conserved   water into the bank;                (5)  establishing requirements for deposit of a water   right into the water bank , including minimum terms for deposit;                (6)  purchasing, holding, and transferring water or   water rights in its own name , including purchasing, holding, and   transferring water or water rights originating outside this state   for the purpose of providing water for the use or benefit of this   state ;                (7)  establishing regional water banks;                (8)  acting as a clearinghouse for water marketing   information including water availability, pricing of water   transactions, environmental considerations, and potential buyers   and sellers of water rights;                (9)  preparing and publishing a manual on structuring   water transactions;                (10)  accepting and holding donations of water rights   to meet instream, water quality, fish and wildlife habitat, or bay   and estuary inflow needs;                (11)  entering into contracts with persons to pay for   feasibility studies or the preparation of plans and specifications   relating to water conservation efforts or to estimate the amount of   water that would be saved through conservation efforts; and                (12)  other actions to facilitate water transactions.          SECTION 1.6.  Section 16.131(a), Water Code, is amended to   read as follows:          (a)  The board may use the state participation account of the   development fund to encourage optimum regional and interregional   development of projects , including the design, acquisition, lease,   construction, reconstruction, development, or enlargement in whole   or part of:                (1)  reservoirs and storm water retention basins for   water supply, flood protection, and groundwater recharge;                (2)  facilities for the transmission and treatment of   water;                (3)  treatment works as defined by Section 17.001;   [ and ]                (4)  interregional water supply projects selected   under Section 16.145 ; and                 (5)  projects desc [Text truncated for display. 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