(a) This section applies to reclamation projects involving the restoration of lands and water adversely affected by past mineral mining; projects involving the protection, repair, replacement, construction, or enhancement of utilities (such as those relating to water supply, roads, and other such facilities serving the public adversely affected by mineral mining and processing practices); and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices.
(b) Following certification by the Commission of the completion of all known coal projects, the projects and construction of public facilities identified in subsection (a) of this section shall reflect the following priorities in the order stated:
  (1) the protection of public health, safety, general welfare, and property from the extreme danger of adverse effects of mineral mining and processing practices;
  (2) the protection of public health, safety, and general welfare from the adverse effects of mineral mining and processing practices; and
  (3) the restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.
(c) Enhancement of facilities or utilities shall include upgrading necessary to meet local, state, or federal public health or safety requirements. Enhancement shall not include any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.
(d) Notwithstanding subsection (a) of this section, if the governor determines that there is a need for activities or construction of specific public facilities related to the coal or minerals industry, and the governor or the Commission at the governor's request submits a grant application as specified in subsection (e) of this section and the Director concurs with the application submitted under subsection (e) of this section, the Director may grant funds made available under Section 402(g)(1) of the Federal Act, 30 U.S.C. 1232, to carry out such activities or construction.
(e) To qualify for funding pursuant to the authority in subsection (d) of this section, the governor, or the Commission at the governor's request, must submit a grant application that specifically sets forth:
  (1) the need or urgency for the activity or the construction of the public facility;
  (2) the expected impact the project will have on the coal or minerals industry in the state;
  (3) the availability of funding from other sources and, if other funding is provided, its percentage of the total costs involved;
  (4) documentation from other local, state, and federal agencies with oversight for such utilities or facilities regarding what funding resources they have available and why this specific project is not being fully funded by those agencies;
  (5) the impact on the state, the public, and the minerals industry if the activity or facility is not funded;
  (6) the reason why this project should be selected before a priority project relating to the protection of the public health and safety or the environment from the damages caused by past mining activities; and
  (7) an analysis and review of the procedures used by the Commission to notify and involve the public in this funding request and a copy of all comments received and their resolution by the Commission.

Source Note: The provisions of this §12.809 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534