TCEQ adopts new rule creating leaking water wells grant program (30 TAC Chapter 353)

The Texas Commission on Environmental Quality on June 18 adopted new 30 Texas Administrative Code chapter 353, establishing the leaking water wells grant program required by House Bill 4256 (88th Legislature). The rule sets prioritization criteria, standards to ensure wells are permanently plugged and authorizes the agency to distribute grant funds to eligible groundwater conservation districts (GCDs).

Cindy Hooper of the Water Availability Division presented the rulemaking. Staff said the rule implements HB 4256, which added subchapter E to Chapter 28 of the Texas Water Code, and the criteria in the rule were developed in consultation with the Railroad Commission of Texas. The proposed rule was published in the January 3, 2025 Texas Register, a public hearing was held January 29, and staff held an informational workshop May 20 for GCDs to explain implementation details.

Staff noted comments from one eligible GCD and six individuals, all supportive; the GCD had asked for a definition of "leaking water well," clarifications on eligible expenses and timing of fund disbursement. Staff said many implementation details will be handled through grant documents being developed separately from the rule. Staff indicated applications should be available in the fall of 2025 and funds made available in fiscal year 2026. Commissioners emphasized the public-health significance of plugging leaking wells and discussed the technical workload this program would place on agency staff.

OPIC, through Jessica Anderson, supported adoption and noted the public-health benefits from cessation of contamination associated with leaking wells. The commission voted to adopt the new chapter 353 and authorized non-substantive edits needed for Texas Register publication.