AIPG-TX

The Wise Report
Henry M. Wise, P.G.
June 25, 2023

The Texas Board of Professional Geoscientists (TBPG) has proposed two amendments and approved two others.

Proposed amendment to 22 TAC 851.21; licensing requirements to reflect the changes in TBPG procedures due to the transition to computer based testing for the ASBOG Examinations.  For more information go to:  https://www.sos.state.tx.us/texreg/archive/June232023/Proposed%20Rules/22.EXAMINING%20BOARDS.html#24.

Proposed amendment to 22 TAC 851.22: Waivers and Substitutions: Policy, Procedures, and Criteria to edit, at Sunset Committee direction, language that applies to evaluating an applicant’s “Good and ethical character” as a required qualifier for licensure.  For more information go to:  https://www.sos.state.tx.us/texreg/archive/June232023/Proposed%20Rules/22.EXAMINING%20BOARDS.html#25.

The current rule, 22 TAC 851.43; GIT certification period and renewal, allows for GITs to renew their certification yearly for up to eight years, and requires renewals past the eighth year to be granted at the discretion of the appointed Board. This amendment allows for a GIT to renew indefinitely without requiring action by the Appointed Board when all other renewal requirements are met.  This rule was posted in the Texas Register on March 17, 2023 for public comment. No public comments were received and it has been adopted.

The TBPG recently received public comment asking that the TBPG clarify its rules on digital signatures, 22 TAC 851.156; professional geoscientist seals. Upon review, the TBPG determined it necessary to include provisions in the rules defining and allowing licensees to use digital signatures to satisfy the signature requirements for electronic geoscience documents. This rule was posted in the Texas Register on March 17, 2023 for public comment. No public comments were received and it has been adopted.

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The Texas Railroad Commission (RRC) has approved the agency’s Oil and Gas Monitoring Plan for Fiscal Year 2024. The new plan includes goals to accurately demonstrate the Commission ’s oil and gas monitoring and enforcement activities and to strategically use the oil and gas monitoring and enforcement resources. It focuses on developing a framework to describe the totality of oil and gas monitoring and enforcement efforts, beyond inspections and remediation work the agency does, which would include the extensive work that is done involving technical permit monitoring and administrative compliance enforcement.

The RRC’s well plugging program, which has exceeded goals set by the Legislature for six straight years, will continue its prioritization system to extend its successful work plugging orphaned oil and gas wells throughout the state with state funds. This fiscal year the RRC utilized federal grants to add to the number of wells that were plugged. The agency has submitted comments on draft federal guidance on another set of grants that could be utilized next fiscal year.

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The Texas Legislature 2023 session is over.   I’ve reduced the list to those bills that were sent to the Governor for his signature.   New information is in bold. * is signed by the Governor.  Of the seven bills that were passed this session only one was vetoed.

*HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  6/10/2023 Signed by the Governor, effective 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243.

*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

 

*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  6/2/2023 Signed by the Governor, effective on 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  5/27/2023 Signed by the governor, Effective immediately.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

*SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  6/18/2023 Signed by the Governor, effective on 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659

*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  5/23/2023 Signed by the Governor, effective on 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196

SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.  6/16/2023 Vetoed by the Governor.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379

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The Texas Legislature is back in session for an additional session.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 11, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.  5/30/2023 Filed.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB11.

HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council.  “shall meet at least four times a year   and select a presiding officer from its membership.         (c)  The review board shall advise the council about issues  related to environmental justice and the action plans developed  under Section 428.0107.   Sec. 428.0105.  STATE PROGRAM REVIEW. (a)  The council shall  review each state agency and state program that serves to protect the environment to evaluate the agency’s or program’s positive”.  5/30/2023 Filed.  For more information go to:  Texas Legislature Online – 88(1) History for HB 13.

Henry M. Wise, P.G.
The Wise Report
6/25/2023

_______________________________________________________

The Wise Report
Henry M. Wise, P.G.
June 17, 2023

At its open meeting on June 13, 2023, the Railroad Commission proposed amendments to various rules in Chapter 5 relating to Carbon Dioxide. The proposed amendments concern enforcement primacy for the federal Class VI Underground Injection Control program.  Comments on the proposal will be accepted until 5:00 pm, Monday, July 31, 2023.  For more information on this, or to access the online comment form, please see the Proposed Rules page at:

http://www.rrc.texas.gov/general-counsel/rules/proposed-rules/

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The Texas Legislature 2023 session is over.   I’ve reduced the list to those bills that were sent to the Governor for his signature.   New information is in bold. * is signed by the Governor.

*HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  6/10/2023 Signed by the Governor, effective 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  6/2/2023 Signed by the Governor, effective on 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  5/27/2023 Signed by the governor, Effective immediately.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  5/26/2023 Sent to the Governor.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659

*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  5/23/2023 Signed by the Governor, effective on 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196

SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.  6/16/2023 Vetoed by the Governor.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379

———————————————————————————————————————

The Texas Legislature is back in session for an additional session.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 11, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.  5/30/2023 Filed.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB11.

HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council.  “shall meet at least four times a year   and select a presiding officer from its membership.          (c)  The review board shall advise the council about issues   related to environmental justice and the action plans developed   under Section 428.0107.          Sec. 428.0105.  STATE PROGRAM REVIEW. (a)  The council shall   review each state agency and state program that serves to protect   the environment to evaluate the agency’s or program’s positive”.  5/30/2023 Filed.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB13.

Henry M. Wise, P.G.
The Wise Report
6/17/2023

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The Wise Report
Henry M. Wise, P.G.
June 10, 2023

The Texas Legislature 2023 session is over.   I’ve reduced the list to those bills that were sent to the Governor for his signature.   New information is in bold. * is signed by the Governor.

HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  5/25/2023 Sent to the Governor  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  6/2/2023 Signed by the Governor, effective on 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  5/27/2023 Signed by the governor, Effective immediately.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  5/26/2023 Sent to the Governor.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659

*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  5/23/2023 Signed by the Governor, effective on 9/1/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196

SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.  5/23/2023 Sent to the Governor.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379

———————————————————————————————————————

The Texas Legislature is back in session for an additional session.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 11, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.  5/30/2023 Filed.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB11.

HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council.  “shall meet at least four times a year   and select a presiding officer from its membership.          (c)  The review board shall advise the council about issues   related to environmental justice and the action plans developed   under Section 428.0107.          Sec. 428.0105.  STATE PROGRAM REVIEW. (a)  The council shall   review each state agency and state program that serves to protect   the environment to evaluate the agency’s or program’s positive”.  5/30/2023 Filed.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB13.

Henry M. Wise, P.G.
The Wise Report
6/10/2023

 

The happy geologists shown in the above photo have indicated that the AIPG-TX West Texas Field Trip was a success all around. The field trip was under the able leadership provided by Bruce Darling, Ph.D., P.G., C.P.G., Michael Jacobs, MS, P.G., and Phil Goodell, Ph.D., UTEP Dept. of Geological Sciences, supported by Bruce Handley, P.G., C.P.G., the Health & Safety Manager for the trip. The weather was outstanding; the accommodations were fine; the food was as expected; and the guidebook materials that were distributed will be consolidated into a publication by AIPG in the next few months.

Henry Wise, P.G., C.P.G., President of the AIPG Texas Section provided general oversight for the field trip (here).

All accounts are that the field trip was not only a practical success, it was also deemed by the AIPG-TX Treasurer, Boyd Handley, P.G., JD, C.P.G., as a financial success. Therefore, there will scholarships awarded in early 2024 (the AIPG-TX Shoemaker Scholarship (for Texas Graduate Students) and the Foss Scholarship (for Texas Undergraduate Students). Students should apply in January, 2024 or before (more).

Planning has begun for the 2025 West Texas Field Trip.

Regina M. Capuano, Ph. D., P.G., CPG, Chair of the AIPG Texas Section’s Scholarship Committee announced that the Gene M. Shoemaker Graduate Scholarship ($2,500.00) has been awarded for 2023 to the following student in Texas:

For those of you who haven’t heard or received the announcement, over the past 8 months, Michael D. Campbell, P.G., P.H., CPG has been working on his memoirs. He said, “It’s better now than never.” Titled: “Anecdotes of a Lifetime: Memoirs of a Professional Geologist,” the book is now available. He said that his primary objective was to make a print and digital record for his grandchildren and their grandchildren of the life of their grandfather, his family, friends, and professional associates who lived in the mid-late 20th Century and worked well into the 21st Century as a Professional Geologist.

Dr. Jonathan Arthur, PG, has served as the Executive Director of the American Geosciences Institute since August 2021.  He served as the Director of the Florida Geological Survey from 2009-2021  emphasizing the need for student and professional courses and webinars on business strategy, fiscal planning, communications, applied geoscience, data access, innovation, and survey sustainability. He also serves on the Water Science Technology Board of the National Academies of Sciences, Engineering, and Medicine.

Dr. Arthur has served the geoscience community in leadership posts as President of the Association of American State Geologists (AASG) and President of the Florida Association of Professional Geologists (FAPG). As a former member of the AGI Board of Directors, he served on various committees, including the Strategic Outlook Committee. He has received recognition for research, leadership, and public service from geoscience organizations including the AASG, the Geological Society of America (GSA) and the American Institute of Professional Geologists (AIPG). He earned his Ph.D.in Geology from Florida State University.

Although you may have missed his lecture, here is a PDF containing his talking points:

https://cdn.ymaws.com/aipg.org/resource/resmgr/documents/members_only/2023next-generation_arthur.pdf

“USING ALTERATION AS A HYDROCARBON EXPLORATION TOOL:

REMOTE SENSING AT LISBON VALLEY REVISITED”

The Lisbon Valley, UT, area is one of the classical locations for the study of surface mineral alteration associated with the presence of an underlying hydrocarbon field. The Wingate sandstone at surface over the Lisbon Valley field is bleached and kaolinized.  However, the geology at Lisbon Valley is complicated: hydrothermal copper and uranium deposits, and clay alteration occur along the Lisbon Valley Fault, and the Lisbon Valley field lies beneath several thousand feet of bedded evaporites, casting some doubt on the alteration being due to microseepage from the oilfield.  On the other hand, relatively recent soil surveys suggest that hydrocarbon gases are still moving vertically upward from the field.  The speaker discusses how he attempted to resolve these issues by quantitatively estimating the amount of seepage required to create the observed alteration, and by examining the stratigraphic, structural  and thermal history of the area to determine when the field matured and when the trap formed.

 SPEAKER

John Berry has over 50 years of geological experience in metals and hydrocarbon exploration on six continents and in deep-water basins offshore.  During the latter part of his career he specialized in the application of remote sensing techniques to on- and offshore hydrocarbon exploration as well as base and precious metals exploration.  He holds an AB degree from the University of Pennsylvania and an M.A. in geology and geophysics from Columbia University, where he workd in the Arctic Section at Lamont-Docherty Observatory.

LINK: Register at https://aipg.org/default.aspx. On the lower right hand side of the page is a box “CALENDAR”.  This event is in the list. Click on it to register

COST (Includes certificate for 0.1 ceu/1.0 PDH; please request this via the Zoom chat facility):

AIPG Members: $10.    Non-Members:     $25   AIPG Student Members: Free         Other Students:  $5.00

AIPG-TX SCHOLARSHIP FUND All moneys generated by this series go to the AIPG-TX Scholarship Fund

 NEXT MONTH’S TALK: February 21^st, 7.00pm:  Brian Hunt, Texas  Bureau of Econ. Geology:  “Integrating Digital and Traditional Field Methods into Geologic Mapping: An Example from Central Texas”

The Texas Section of the American Institute of Professional Geologists will sponsor a three-day field trip (April 21-23) to Hudspeth and Culberson counties.  The field trip will cover tectonics and structural geology, economic geology, basin formation, and hydrogeology in one of the most geologically complex areas of Trans-Pecos Texas.

The field trip will focus on:

• the Sierra Blanca laccoliths and the rare-earth elements property under development through a joint venture by USA Rare Earths and Texas Mineral Resources Corporation;
• Daltile’s talc mining operation at Allamoore;
• Fluorspar deposits in the Eagle Mountains;
• An excursion to Eagle Peak (elevation 7300 ft, the highest point in Hudspeth County and the seventh highest in Texas) and an examination of the igneous rocks that make of the core of this impressive mountain range;
• The northern Carrizo Mountains and the role of the Streeruwitz Thrust Fault in the formation of deformed and metamorphosed rocks of the Carrizo Mountains and the Allamoore talc district;
• Laramide thrust blocks formed by the Quitman, Red Hills, and Devil Ridge thrust faults;
• The complex hydrogeology of basins formed during Late Tertiary extensional faulting;
• And the role of the Diablo Plateau as a stable buttress forming the northernmost boundary of much of the area covered by the field trip.

Leaders of the field trip will be:

Bruce K Darling, PhD, P.G., CPG; Phil Goodell, PhD, UTEP Dept. of Geological Sciences; and Michael Jacobs, MS, P.G.  All have extensive experience in the Trans-Pecos region.

The cost of the field trip will be $1,200 per person.  Transportation, lodging, and lunches are included in the total cost.  For more information, visit the following AIPG webpage for further information to register (Here)

PHOTOS FROM THE FIELD TRIP AREA (Here).

Henry M. Wise, P.G., C.P.G. announced today that the AIPG-TX Field Trip to West Texas to begin on April 20th through April 23rd is still open for registration. Click (here).

And there is still space available. Plans are being made to meet-up at an El Paso Airport hotel Thursday evening. This will be confirmed soon.

Previous alerts on the status of the planning, see (here)

The 2023 AIPG-TX Field Trip to west Texas will cover subjects such as economic geology (gold & silver, and rare earths, beryllium, and uranium, etc.), hydrogeology and structural geology. At the center of attention will be the Eagle Mountains, having one the most scienic views in all of Texas.

• Eagle Peak area (highest point in Hudspeth County);
• Overview of Precambrian thrusting and metamorphism, Laramide thrusting,
• Tertiary rifting and volcanics: Dal-Tile Talc Mines at Allamoore;
• Sierra Blanca Rare Earth Mine; Bonanza Mine in northern Quitman Mountains;
• View of Blue Origin Spaceport and more!

The Google Map of the Eagle Mountains area is shown above. A geologic map of the area that you will experience during the field trip is shown (here).  This file is very large ……

Round Top Mountain area will also be observed and the only developing rare-earth/beryllium/uranium mine in Texas will be discussed. For a current summary of the mining company’s current and historical  activities, click (here). For a brief summary of what that mine will produce, see (here). (From Campbell, et al., 2020, see slide #17, click (here)).

A comprehensive Field Trip Guidebook, especially prepared by the AIPG-TX Field Trip team of professional geologists will be provded at no extra cost.

Register now to reserve your place in the West Texas Field Trip.

For question, contact:
Michael D. Campbell, P.G., P.H., C.P.G.
Vice-President – Eastern Texas
mdc@i2mconsulting.com
713-248-1708

 Speaker: Dr. Brian Smith

 Principal Hydrogeologist, Barton Springs/Edwards Aquifer Conservation District

 RECHARGE ENHANCEMENT & MULTIPORT WELL MONITORING OF THE EDWARDS AQUIFER

Multiport monitor wells have been used by the Barton Springs/Edwards Aquifer Conservation District (BSEACD) to study complex, multilayer, and stacked aquifers in Hays and Travis Counties, central Texas. Much of the data from water wells that are used for hydrogeological studies are of limited use because of the thickness of the aquifers, vertical variation in hydraulic properties, varying amounts of hydraulic connection between geologic units, and the often-uncertain completion of the wells. To address these concerns, hydrogeologists have employed various methods, such as installation of wells of different depths near one another, multilevel completions in a single borehole, and multiport wells.

The BSEACD has used multiport wells to determine vertical variations in an aquifer and the hydraulic relationships between stacked aquifers. With multiport wells, properties such as hydraulic head, temperature, hydraulic conductivity, and water quality of discrete units within an aquifer, or multiple aquifers, can be determined. The use of multiport wells has shown how portions of the Upper Trinity lithologic units are hydraulically connected to the overlying Edwards lithologic units, and how the Edwards Aquifer is hydraulically isolated from the Middle and Lower Trinity Aquifers. One of these wells installed in southwest Travis County has shown that there is significant depletion of the Middle Trinity Aquifer in that area.

Another multiport well installed in Hays County near Jacob’s Well is helping us understand how groundwater in the porous matrix feeds groundwater to the conduits that discharge water from Jacob’s Well and to the deeper aquifer downgradient east of the spring.

OUR SPEAKER

 Brian Smith has been the Aquifer Science Team Leader and Principal Hydrogeologist at the Barton Springs/Edwards Aquifer Conservation District since 2001. At the District, he has guided the science program to support policy makers in management of the aquifers within the District. Most of his 35+ years of professional experience have involved the study of karst and aquifers developed in karst. Prior to working at the District, he worked for private consulting companies doing contaminant hydrogeology. Dr. Smith has a bachelor’s degree from Rice University in Houston and a Ph.D. from the University of Texas at Austin. He is licensed as a Professional Geologist in the state of Texas.

LINK: Register at https://aipg.org/default.aspx. On the lower right hand side of the page is a box “CALENDAR”.  This event is the last item in the list. Click on it to register

COST (Includes certificate for 0.1 ceu/1.0 PDH):

AIPG Members: $10.    Non-Members:     $25   AIPG Student Members: Free         Other Students:  $5.00

 AIPG-TX SCHOLARSHIP FUND All moneys generated by this Webinar series go towards the AIPG-TX Scholarship Fund.

 PDF Copy of Announcement (here)

The Wise Report
Henry M. Wise, P.G.
April 30, 2023

The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 57, by Zwiener,  Relating to climate change planning and reporting.  2/23/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 4/28/2023 Reported engrossed.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 4/18/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” 3/2/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  3/2/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  3/3/2023 Referred to Energy Resources,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  4/3/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “The Texas Board of Professional Geoscientists is subject to Chapter 325, Government  Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  4/11/2023 Committee report sent to Calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  Scheduled for public hearing on 5/4/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  4/10/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  4/24/2023 Committee report sent to Calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  4/24/2023 Committee report sent to Calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  4/4/2023 Committee report sent to calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty.  4/11/2023 Committee report sent to Calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941

HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.  Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  3/20/2023 Referred to State Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707

HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians.  Makes exceptions for geoscientific work performed by non geologists.  3/29/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746

HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839

HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840

HB 4047, by Guillen, Relating to a study on uranium deposits in this state.  The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States’ reliance on foreign sources of uranium.  The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024.  5/2/2023 Placedon Local, Consent, and Res. Calendar.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047

HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  4/20/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086

HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations.  5/2/2023 Placedon Local, Consent, and Res. Calendar.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119

HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well.  “For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state.”  4/25/2023 Committee report sent to calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120

HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology.  4/3/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225

HB 4532, by Kacal, Lalani, and Price, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  4/28/2023 Reported engrossed.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532

HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water.  3/24/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279

HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment.  “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment.  The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.

“  (b)  The public natural resources of this state are the common property of all persons, including future generations.  The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state’s public natural resources for the benefit of the public, including future generations.”  3/13/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119

HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment.  “(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person’s well-being.

(b)  The legislature shall enact laws to combat climate change and improve this state’s resilience to climate change by systematically reducing greenhouse gas emissions.”  3/15/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142

SENATE BILLS

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  2/15/2023 Referred to Natural Resources & Economic Development. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  2/15/2023 Referret to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.  2/17/2023 Referrecd to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  4/14/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  4/25/2023 House Received from the Senate.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  4/18/2023 Reported favorably without amendments.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788

SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  4/28/2023 Referred to Energy resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  4/20/2023 Reported favorably without amendment(s).  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659

SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  4/26/2023 Reported favorably without amendment(s).  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196

SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties.  3/22/2023 Referred to Finance.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213

SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee.  3/22/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291

SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.  4/28/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379

SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397

SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540

Henry M. Wise, P.G.
The Wise Report
4/30/2023

======================================================

The Wise Report
Henry M. Wise, P.G.
April 16, 2023

The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 57, by Zwiener,  Relating to climate change planning and reporting.  2/23/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 4/10/2023 House Committee report sent to Local & Consent Calendar.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Scheduled for public hearing on 4/18/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” 3/2/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  3/2/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  3/3/2023 Referred to Energy Resources,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  4/3/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “The Texas Board of Professional Geoscientists is subject to Chapter 325, Government  Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  4/11/2023 Committee report sent to Calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  3/7/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  4/10/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  4/3/2023 Reported favorably without amendment(s).  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  4/4/2023 Committee report sent to calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty.  4/11/2023 Committee report sent to Calendars.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941

HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.  Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  3/20/2023 Referred to State Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707

HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians.  Makes exceptions for geoscientific work performed by non geologists.  3/29/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746

HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839

HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840

HB 4047, by Guillen, Relating to a study on uranium deposits in this state.  The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States’ reliance on foreign sources of uranium.  The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024.  4/3/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047

HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  Scheduled for public hearing on 4/20/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086

HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations.  4/4/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119

HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well.  “For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state.”  4/4/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120

HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology.  4/3/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225

HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  4/4/2023 Reported favorably without amendment(s).  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532

HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water.  3/24/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279

HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment.  “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment.  The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.

“  (b)  The public natural resources of this state are the common property of all persons, including future generations.  The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state’s public natural resources for the benefit of the public, including future generations.”  3/13/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119

HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment.  “(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person’s well-being.

(b)  The legislature shall enact laws to combat climate change and improve this state’s resilience to climate change by systematically reducing greenhouse gas emissions.”  3/15/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142

SENATE BILLS

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  2/15/2023 Referred to Natural Resources & Economic Development. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  2/15/2023 Referret to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.  2/17/2023 Referrecd to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  4/14/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  4/13/2023 Vote taken in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  4/14/2023 Received from the Senate.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788

SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  4/11/2023 Committee report printed and distributed.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  4/17/2023 Placed on intent calendar.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659

SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  4/12/2023 Vote taken in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196

SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties.  3/22/2023 Referred to Finance.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213

SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee.  3/22/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291

SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.  4/13/2023 Vote taken in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379

SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397

SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540

Henry M. Wise, P.G.
The Wise Report
4/16/2023

___________________________________

The Wise Report
Henry M. Wise, P.G.
April 2, 2023

The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 57, by Zwiener,  Relating to climate change planning and reporting.  2/23/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 3/30/2023 Reported favorably without amendments.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” 3/2/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  3/2/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  3/3/2023 Referred to Energy Resources,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  Scheduled for public hearing on 4/23/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “The Texas Board of Professional Geoscientists is subject to Chapter 325, Government  Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  3/29/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  3/7/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  3/27/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  3/23/2023 Reported favorably as substituted.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty.  3/28/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941

HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.  Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  3/20/2023 Referred to State Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707

HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians.  Makes exceptions for geoscientific work performed by non geologists.  3/29/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746

HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839

HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840

HB 4047, by Guillen, Relating to a study on uranium deposits in this state.  The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States’ reliance on foreign sources of uranium.  The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024.  Scheduled for publioc hearing on 4/3/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047

HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  3/20/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086

HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations.  Scheduled for public hearing on 4/4/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119

HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well.  “For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state.”  Scheduled for public hearing on 4/4/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120

HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology.  Scheduled for public hearing on 4/3/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225

HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/28/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532

HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water.  3/24/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279

HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment.  “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment.  The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.

“  (b)  The public natural resources of this state are the common property of all persons, including future generations.  The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state’s public natural resources for the benefit of the public, including future generations.”  3/13/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119

HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment.  “(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person’s well-being.

(b)  The legislature shall enact laws to combat climate change and improve this state’s resilience to climate change by systematically reducing greenhouse gas emissions.”  3/15/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142

SENATE BILLS

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  2/15/2023 Referred to Natural Resources & Economic Development. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  2/15/2023 Referret to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.  2/17/2023 Referrecd to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  3/29/2023 Vote taken in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  3/28/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  3/29/2023 Left pending in committee.  Referred to Natural resources & Economic Development  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788

SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  3/29/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  Scheduled for public hearing on 4/4/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659

SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  Scheduled for public hearing on 4/5/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196

SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties.  3/22/2023 Referred to Finance.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213

SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee.  3/22/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291

SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379

SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397

SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540

Henry M. Wise, P.G.
The Wise Report
4/2/2023

++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The Wise Report
Henry M. Wise, P.G.
March 27, 2023

The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

———————————————————————————–

HB 57, by Zwiener,  Relating to climate change planning and reporting.  2/23/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Scheduled for Public hearing on 3/28/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” 3/2/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  3/2/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  3/3/2023 Referred to Energy Resources,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  3/27/2023 Withdrawn from schedule.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “The Texas Board of Professional Geoscientists is subject to Chapter 325, Government  Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  Scheduled for Public hearing on 3/29/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  3/7/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  Scheduled for public hearing on 3/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  3/23/2023 Reported favorably as substituted.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty.  Scheduled for Public hearing on 3/28/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941

HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  3/20/2023 Referred to State Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707

HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians.  Makes exceptions for geoscientific work performed by non geologists.  Scheduled for public hearing on 3/29/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746

HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839

HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840

HB 4047, by Guillen, Relating to a study on uranium deposits in this state.  The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States’ reliance on foreign sources of uranium.  The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024.  3/20/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047

HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  3/20/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086

HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations.  3/21/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119

HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well.  “For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state.”  3/21/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120

HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology.  3/21/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225

HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  Scheduled for public hearing on 3/28/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532

HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water.  3/24/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279

HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment.  “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment.  The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.

“  (b)  The public natural resources of this state are the common property of all persons, including future generations.  The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state’s public natural resources for the benefit of the public, including future generations.”  3/13/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119

HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment.  “(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person’s well-being.

(b)  The legislature shall enact laws to combat climate change and improve this state’s resilience to climate change by systematically reducing greenhouse gas emissions.”  3/15/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142

SENATE BILLS

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  2/15/2023 Referred to Natural Resources & Economic Development. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  2/15/2023 Referret to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.  2/17/2023 Referrecd to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  3/22/2023 Left pending in committee.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  Scheduled for public hearing on 3/28/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  Scheduled for public hearing on 3/29/2023.  Referred to Natural resources & Economic Development  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788

SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  Scheduled for public hearing on 3/29/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  3/16/2023 Referred to Business & Commerce.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659

SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  3/22/2023 Referred to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196

SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties.  3/22/2023 Referred to Finance.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213

SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee.  3/22/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291

SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379

SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397

SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  3/23/2023 Referred to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540

Henry M. Wise, P.G.
The Wise Report
3/27/2023

 

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The Wise Report
Henry M. Wise, P.G., CPG
March 12, 2023

The Texas Commission on Environmental Quality had updated the Texas Risk Reduciton Program (RTTP) Tier 1 Protective Concencentration Leels (PCLs).  They can be found at:  https://www.tceq.texas.gov/remediation/trrp/trrppcls.html

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The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 57, by Zwiener,  Relating to climate change planning and reporting.  2/23/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 2/23/2023 Referred to Homeland Security & Public Safety.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” 3/2/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  3/2/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  3/3/2023 Referred to Energy Resources,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  3/3/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process.  “The Texas Board of Professional Geoscientists is subject to Chapter 325, Government  Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  3/9/2023 Referred to State Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  3/7/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  3/8/2023 Referred to Energy Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  Filed 2/17/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty.  Filed 3/9/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941

HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.  Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”Filed 3/6/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707

HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians.  Makes exceptions for geoscientific work performed by non geologists.  Filed 3/7/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746

HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells.  Filed 3/7/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839

HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas.  Filed 3/7/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840

HB 4047, by Guillen, Relating to a study on uranium deposits in this state.  The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States’ reliance on foreign sources of uranium.  The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024.  Filed 3/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047

HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  Filed 3/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086

HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations.  Filed 3/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119

HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well.  “For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state.”  Filed 3/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120

HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology.  Filed 3/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225

HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water.  Filed 3/10/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279

HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment.  “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment.  The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.

“  (b)  The public natural resources of this state are the common property of all persons, including future generations.  The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state’s public natural resources for the benefit of the public, including future generations.”  Filed 2/21/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119

 HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment.  “(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable Previous HitenvironmentNext Hit , including access to clean air, clean water, and an Previous HitenvironmentNext Hit generally favorable to each person’s well-being.

(b)  The legislature shall enact laws to combat climate

 change and improve this state’s resilience to climate change by systematically reducing greenhouse gas emissions.”  Filed 3/2/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142

Texas Senate Bills

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  2/15/2023 Referred to Natural Resources & Economic Development. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  2/15/2023 Referret to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.  2/17/2023 Referrecd to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  2/17/2023 Referred to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  2/17/2023 Referred to Business & Commerce.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  Filed 3/1/2023.  Referred to Natural resources & Economic Development  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788

SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  3/9/2023 Referred to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

SB 1659, by Schwertner, Relating to the sunset review process and certain governmental entities subject to that process.  “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].”  Filed 3/9/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659

 SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.  Filed 3/9/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196

 SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties.  Filed 3/10/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213

 SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee.  Filed 3/9/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291

 SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project.  Filed 3/10/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379

 SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  Filed 3/10/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397

 SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts.  Filed 3/10/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540

 

Henry M. Wise, P.G., CPG
The Wise Report
3/12/2023

______________________________________________________

The Wise Report
Henry M. Wise, P.G.
February 25, 2023

The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.
__________________________________

Texas House Bills

HB 57, by Zwiener,  Relating to climate change planning and reporting.  2/23/2023 Referred to Environmental Regulation.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 2/23/2023 Referred to Homeland Security & Public Safety.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” Filed 12/8/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  Filed 12/21/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Filed 1/11/2023,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  Filed 1/12/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  Filed 1/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  Filed 1/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  Filed 1/25/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  Filed 2/17/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment.  “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment.  The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.

“  (b)  The public natural resources of this state are the common property of all persons, including future generations.  The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state’s public natural resources for the benefit of the public, including future generations.”  Filed 2/21/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119

Texas Senate Bills

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  2/15/2023 Referred to Natural Resources & Economic Development. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  2/15/2023 Referret to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.  2/17/2023 Referrecd to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  2/17/2023 Referred to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  2/17/2023 Referred to Business & Commerce.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  Filed 2/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. Filed 2/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788

SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining.  Filed 2/24/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186

Henry M. Wise, P.G.
The Wise Report
2/25/2023

————————————————————————————-

The Wise Report
Henry M. Wise, P.G.
February 17, 2023

The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 57, by Zwiener,  Relating to climate change planning and reporting.  Filed 11/23/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Filed 11/14/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 11/14/2022. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” Filed 12/8/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  Filed 12/21/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Filed 1/11/2023,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  Filed 1/12/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  Filed 1/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  Filed 1/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  Filed 1/25/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

 

HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.  Filed 2/17/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243

Texas Senate Bills

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  2/15/2023 Referred to Natural Resources & Economic Development. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  2/15/2023 Referret to Water, Agriculture, & Rural Affairs.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.  2/17/2023 Referrecd to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  2/17/2023 Referred to Natural Resources & Economic Development.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”  2/17/2023 Referred to Business & Commerce.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  Filed 2/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786

SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. Filed 2/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788

Henry M. Wise, P.G.
The Wise Report
2/17/2023

___________________________________________________________________

The Wise Report
Henry M. Wise, P.G.
February 10, 2023

The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 57, by Zwiener,  Relating to climate change planning and reporting.  Filed 11/23/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Filed 11/14/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 11/14/2022. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” Filed 12/8/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  Filed 12/21/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Filed 1/11/2023,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  Filed 1/12/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  Filed 1/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  Filed 1/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  12/1/2022 Filed. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  Filed 1/25/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

 

Texas Senate Bills

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  Filed 1/11/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.   Filed 1/20/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  Filed 1/25/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. Filed 2/8/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788

Henry M. Wise, P.G.
The Wise Report
2/10/2023

___________________________________________________________________

The Wise Report
Henry M. Wise, P.G.
Feberuary 4, 2023

The Texas Legislature is back in session through May 29, 2023.   I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change.   New information is in bold.

HB 57, by Zwiener,  Relating to climate change planning and reporting.  Filed 11/23/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.

HB 570, by Raymond,  Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Filed 11/14/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.

HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 11/14/2022. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.

HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks.  “The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million.” Filed 12/8/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.

HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.  “The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be  independently certified, as appropriate.”  Filed 12/21/2022.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093

HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Filed 1/11/2023,  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.

HB 1318, by Darby, Relating to the regulation of brine mining.  Filed 1/12/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.

HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee.  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.

HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee.  “An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well.”  Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721

HB 1777, by Darby, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells.  “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.”  Filed 1/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777

HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.  Filed 1/27/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782

Texas Senate Bills

SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  Prohibits routine methane flaring, operators must adhere to the USEPA’s new source performance standards for methane emissions, implement quarterly inspections, etc.  12/1/2022 Filed. For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.

 

HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman.  Filed 1/25/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.

 

SB 382, by Zafirini, Companion Bill HB 583, Identical,  Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems.  Filed 1/11/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.

SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area.   Filed 1/20/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.

SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman.  Filed 1/25/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.

SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  “This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.

“Sec. 35.202.  LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission.”Filed 1/26/2023.  For more information go to:  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.

 

Henry M. Wise, P.G.
The Wise Report
2/4/2023