H.B. No. 2943
 
 
 
 
AN ACT
  relating to the use of money in the state water pollution control
  revolving fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 15.601(a), Water Code, is amended to
  read as follows:
         (a)  The state water pollution control revolving fund shall
  be administered by the board under this subchapter and rules
  adopted by the board. The fund shall be used to provide financial
  assistance to persons for projects eligible for assistance under
  Section 603(c) of the Federal Water Pollution Control Act (33
  U.S.C. Section 1383(c)), including [political subdivisions for
  construction of treatment works and to persons for] nonpoint source
  pollution control and abatement and water quality control projects
  described by Sections [under Section] 15.603(h) and (h-1) of this
  code, in accordance with the capitalization grant program
  established under the Federal Water Pollution Control Act (33
  U.S.C. Section 1251 et seq.).
         SECTION 2.  Section 15.603, Water Code, is amended by
  amending Subsection (a) and adding Subsection (h-1) to read as
  follows:
         (a)  The revolving fund is held separately from other funds
  by the board outside the State Treasury to provide financial
  assistance to persons for projects eligible for assistance under
  Section 603(c) of the federal act (33 U.S.C. Section 1383(c)),
  including [political subdivisions for construction of treatment
  works and to persons for estuary management projects and for]
  nonpoint source pollution control and abatement and water quality
  control projects under Subsections [Subsection] (h) and (h-1) of
  this section.
         (h-1)  In conjunction with or separate from the account
  described by Subsection (h), the board by rule shall establish a
  program to promote the acquisition by eligible applicants of
  conservation easements, as defined by Section 183.001, Natural
  Resources Code. Acquisitions made through the program must have a
  demonstrable impact on water quality control, as determined by the
  board. The board shall ensure that the amounts of any funds used
  for such a program are consistent with maintaining the perpetuity
  of the revolving fund.
         SECTION 3.  Section 15.604, Water Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  The board may use the revolving fund for financial
  assistance only as provided by the federal act:
               (1)  to make loans, on the conditions that:
                     (A)  the loan is [those loans are] made at or below
  market interest rates, including an interest-free loan [loans], at
  a term [terms] not to exceed the lesser of 30 years or the projected
  useful life, as determined by the board, of the project to be
  financed with the proceeds of the loan [20 years];
                     (B)  principal and interest payments will begin
  not later than one year after completion of the project to be
  financed with the proceeds of the loan [any treatment works] and the
  loan [all loans] will be fully amortized not later than the
  expiration date of the term of the loan [20 years after completion
  of the treatment works];
                     (C)  the recipient of a loan will establish a
  dedicated source of revenue for repayment of loans; and
                     (D)  the revolving fund will be credited with all
  payments of principal of and interest on all loans;
               (2)  to buy or refinance the debt obligation of
  political subdivisions at or below market rates if the debt
  obligations were incurred after March 7, 1985;
               (3)  to guarantee or purchase insurance for political
  subdivisions if the guarantee or insurance would improve access to
  market credit or reduce interest rates;
               (4)  as a source of revenue or security for the payment
  of principal and interest on bonds issued by the state if the
  proceeds of the sale of those bonds will be deposited in the
  revolving fund;
               (5)  to provide loan guarantees to similar revolving
  funds established by municipalities or intermunicipal agencies;
               (6)  to earn interest on revolving fund accounts;
               (7)  for the reasonable costs of administering the
  revolving fund and conducting activities provided for by Title VI
  of the federal act, except that those amounts may not exceed the
  amount authorized under Title VI of the federal act;
               (8)  to provide financial assistance to persons for a
  nonpoint source pollution control or water quality control project
  under Section 319 of the federal act or Section 15.603(h) or (h-1)
  of this code [for an estuary management project under Section 320 of
  the federal act];
               (9)  for other purposes as provided by the federal act;
  and
               (10)  to provide linked deposits to eligible lending
  institutions for loans to persons for nonpoint source pollution
  control projects.
         (c)  A project financed through the revolving fund, other
  than a project authorized under Section 603(c)(1), (5), or (11) of
  the federal act (33 U.S.C. Section 1383(c)(1), (5), or (11)), must
  have a demonstrable impact on water quality control, as determined
  by the board. The board shall ensure that the amounts of any funds
  used for such a project are consistent with maintaining the
  perpetuity of the revolving fund.
         SECTION 4.  Section 17.0821(c), Water Code, is amended to
  read as follows:
         (c)  The board shall use the state water pollution control
  revolving fund in accordance with Section 15.604(a)(4) [15.604(4)]
  of this code and the Federal Water Pollution Control Act, Section
  603(d)(4), as a source of revenue to be deposited in accordance with
  this chapter for the payment of principal and interest on water
  quality enhancement bonds issued by the state, the proceeds of
  which are deposited into the state water pollution control
  revolving fund.
         SECTION 5.  The Texas Water Development Board shall adopt
  rules under Section 15.603(h-1), Water Code, as added by this Act,
  not later than January 1, 2018.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2943 was passed by the House on April
  28, 2017, by the following vote:  Yeas 132, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2943 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor