Texas 2023 - 88th Regular

Texas Senate Bill SB2213 Compare Versions

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1	1	By: Blanco S.B. No. 2213
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to establishing and funding a grant program to plug
7	7	leaking water wells in certain counties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 28, Water Code, is amended by adding
10	10	Subchapter E to read as follows:
11	11	SUBCHAPTER E. LEAKING WATER WELLS PROGRAM
12	12	Sec. 28.101. DEFINITIONS. In this chapter:
13	13	(1) "Commission" means the Texas Commission on
14	14	Environmental Quality.
15	15	(2) "District" means any district or authority created
16	16	under Section 52, Article III, or Section 59, Article XVI, Texas
17	17	Constitution, that has the authority to regulate the spacing of
18	18	water wells, the production of water wells, or both.
19	19	(2) "Fund" means the Leaking Water Wells Fund
20	20	established under Section 28.103.
21	21	(3) "Program" means the Leaking Water Wells Program
22	22	established under Section 28.104.
23	23	(4) "Railroad Commission" means the Railroad
24	24	Commission of Texas.
25	25	Sec. 28.102. APPLICABILITY. This chapter applies only to a
26	26	district in a county that:
27	27	(1) has a population of not more than 16,000; and
28	28	(2) is adjacent to at least seven counties with
29	29	populations of less than 12,000.
30	30	Sec. 28.103. LEAKING WATER WELLS FUND. (a) The leaking
31	31	water wells fund is created as a fund in the state treasury outside
32	32	the general revenue fund.
33	33	(b) Notwithstanding any other law, the comptroller shall
34	34	make a one-time transfer of $18,500,000 from the economic
35	35	stabilization fund to the credit of the fund. The comptroller shall
36	36	make the transfer described by this subsection as soon as
37	37	practicable.
38	38	(c) Money deposited to the credit of the fund may be used
39	39	solely for the purpose of supporting the program under Section
40	40	28.104, including the costs of program administration and
41	41	operation.
42	42	(d) Interest earned on money deposited to the credit of the
43	43	fund is exempt from Section 404.071, Government Code. Interest
44	44	earned on money in the fund shall be retained in the fund.
45	45	Sec. 28.104. LEAKING WATER WELLS PROGRAM. (a) The
46	46	commission shall establish and administer a leaking water wells
47	47	program designed to plug leaking water wells. Under the program,
48	48	the commission shall provide grants for eligible projects to offset
49	49	the cost of plugging leaking water wells.
50	50	(b) Projects that may be considered for a grant under the
51	51	program include leaking water wells that:
52	52	(1) are located within 2,000 feet of a drinking water
53	53	well, a water well for livestock or irrigation, or a sensitive
54	54	wildlife area; or
55	55	(2) have seasonal or annual flow to the surface, or a
56	56	hydrological connection to surface water, including a waterway,
57	57	intermittent stream, or springs system; and
58	58	(3) whose plug, casing, completion interval, or
59	59	otherwise general integrity is known to be deficient to the
60	60	district, or whose completion interval is sufficiently proximate to
61	61	other known intervals or pressurized zones with high concentrations
62	62	of salinity, chlorides, sulfides, or other hazardous or toxic
63	63	constituents.
64	64	Sec. 28.105. APPLICATION FOR GRANT. (a) A district may
65	65	apply for and receive a grant under the program.
66	66	(b) An application for a grant under this chapter must be
67	67	made on a form provided by the commission and must contain the
68	68	information required by the commission.
69	69	Sec. 28.106. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
70	70	commission by rule shall establish criteria for setting priorities
71	71	for projects eligible to receive grants under this chapter.
72	72	(b) A district applying for a grant must:
73	73	(1) demonstrate that the project meets the criteria
74	74	under Section 28.104(b);
75	75	(2) obtain any necessary approvals from surface owners
76	76	for access to the property where the leaking water wells are
77	77	located; and
78	78	(3) as necessary and subject to subsection (c), engage
79	79	in a bid process to select and hire any contractors or
80	80	subcontractors to perform the work.
81	81	(c) Any contractors or subcontractors who work on a project
82	82	must be on the approved list of well pluggers maintained by the
83	83	Railroad Commission.
84	84	Sec. 28.107. RESTRICTION ON USE OF GRANT. (a) A recipient
85	85	of a grant under this chapter shall use the grant to pay the cost of
86	86	the project for which the grant is made. The recipient may not use
87	87	the grant to pay the recipient's administrative costs.
88	88	(b) A leaking water well plugged under this program must be
89	89	permanently plugged. The commission, in consultation with the
90	90	Railroad Commission, shall establish criteria for ensuring that a
91	91	well is permanently plugged.
92	92	(c) Any funds not used by the recipient on a project to plug
93	93	a water well must be returned to the fund.
94	94	SECTION 2. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act takes effect September 1, 2023.