|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to establishing and funding a grant program to plug |
|
leaking water wells in certain counties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 28, Water Code, is amended by adding |
|
Subchapter E to read as follows: |
|
SUBCHAPTER E. LEAKING WATER WELLS PROGRAM |
|
Sec. 28.101. DEFINITIONS. In this chapter: |
|
(1) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(2) "District" means any district or authority created |
|
under Section 52, Article III, or Section 59, Article XVI, Texas |
|
Constitution, that has the authority to regulate the spacing of |
|
water wells, the production of water wells, or both. |
|
(2) "Fund" means the Leaking Water Wells Fund |
|
established under Section 28.103. |
|
(3) "Program" means the Leaking Water Wells Program |
|
established under Section 28.104. |
|
(4) "Railroad Commission" means the Railroad |
|
Commission of Texas. |
|
Sec. 28.102. APPLICABILITY. This chapter applies only to a |
|
district in a county that: |
|
(1) has a population of not more than 16,000; and |
|
(2) is adjacent to at least seven counties with |
|
populations of less than 12,000. |
|
Sec. 28.103. LEAKING WATER WELLS FUND. (a) The leaking |
|
water wells fund is created as a fund in the state treasury outside |
|
the general revenue fund. |
|
(b) Notwithstanding any other law, the comptroller shall |
|
make a one-time transfer of $18,500,000 from the economic |
|
stabilization fund to the credit of the fund. The comptroller shall |
|
make the transfer described by this subsection as soon as |
|
practicable. |
|
(c) Money deposited to the credit of the fund may be used |
|
solely for the purpose of supporting the program under Section |
|
28.104, including the costs of program administration and |
|
operation. |
|
(d) Interest earned on money deposited to the credit of the |
|
fund is exempt from Section 404.071, Government Code. Interest |
|
earned on money in the fund shall be retained in the fund. |
|
Sec. 28.104. LEAKING WATER WELLS PROGRAM. (a) The |
|
commission shall establish and administer a leaking water wells |
|
program designed to plug leaking water wells. Under the program, |
|
the commission shall provide grants for eligible projects to offset |
|
the cost of plugging leaking water wells. |
|
(b) Projects that may be considered for a grant under the |
|
program include leaking water wells that: |
|
(1) are located within 2,000 feet of a drinking water |
|
well, a water well for livestock or irrigation, or a sensitive |
|
wildlife area; or |
|
(2) have seasonal or annual flow to the surface, or a |
|
hydrological connection to surface water, including a waterway, |
|
intermittent stream, or springs system; and |
|
(3) whose plug, casing, completion interval, or |
|
otherwise general integrity is known to be deficient to the |
|
district, or whose completion interval is sufficiently proximate to |
|
other known intervals or pressurized zones with high concentrations |
|
of salinity, chlorides, sulfides, or other hazardous or toxic |
|
constituents. |
|
Sec. 28.105. APPLICATION FOR GRANT. (a) A district may |
|
apply for and receive a grant under the program. |
|
(b) An application for a grant under this chapter must be |
|
made on a form provided by the commission and must contain the |
|
information required by the commission. |
|
Sec. 28.106. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The |
|
commission by rule shall establish criteria for setting priorities |
|
for projects eligible to receive grants under this chapter. |
|
(b) A district applying for a grant must: |
|
(1) demonstrate that the project meets the criteria |
|
under Section 28.104(b); |
|
(2) obtain any necessary approvals from surface owners |
|
for access to the property where the leaking water wells are |
|
located; and |
|
(3) as necessary and subject to subsection (c), engage |
|
in a bid process to select and hire any contractors or |
|
subcontractors to perform the work. |
|
(c) Any contractors or subcontractors who work on a project |
|
must be on the approved list of well pluggers maintained by the |
|
Railroad Commission. |
|
Sec. 28.107. RESTRICTION ON USE OF GRANT. (a) A recipient |
|
of a grant under this chapter shall use the grant to pay the cost of |
|
the project for which the grant is made. The recipient may not use |
|
the grant to pay the recipient's administrative costs. |
|
(b) A leaking water well plugged under this program must be |
|
permanently plugged. The commission, in consultation with the |
|
Railroad Commission, shall establish criteria for ensuring that a |
|
well is permanently plugged. |
|
(c) Any funds not used by the recipient on a project to plug |
|
a water well must be returned to the fund. |
|
SECTION 2. 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, 2023. |