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.