By: Blanco S.B. No. 2213
 
 
 
   
 
 
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.