Bill Text: TX SB2213 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to establishing and funding a grant program to plug leaking water wells in certain counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Finance [SB2213 Detail]
Download: Texas-2023-SB2213-Introduced.html
| By: Blanco | S.B. No. 2213 | |
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| 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. | ||
