The Wise Report
The Memoranda of Understanding (MOU) between the Texas Department of Transportation (TxDOT) and the Texas Commission of Environmental Quality (TCEQ) is under review, as required every five years. This MOU addresses the TCEQ’s environmental reviews of TxDOT highway (transportation) projects. The updated MOU removes unnecessary definitions and simplifies the coordination process, so that coordination is only required on transportation projects that require environmental impact statements, supplemental environmental impact statements, or environmental assessments. The public comment period is April 12 to May 13, 2019. The public hearing date is anticipated to be May 9, 2019. For more information go to: https://www.tceq.texas.gov/
The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 new bills listed):
HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee. Referred to State Affairs, 2/19/2019. For more information go to: https://capitol.texas.gov/
HB 225, by Reynolds, Relating to the analysis of inspection and maintenance requirements for air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities. Regulates fugitive emissions from all oil field equipment, the use of venting and flaring, etc. Referred to Environmental Regulation, 2/19/2019. https://capitol.texas.gov/
HB 245, by Farrar, Relating to a requirement to make certain environmental and water use permit applications available online. “The applicant shall post a copy of the application on a publicly accessible Internet website and provide to the commission the address of that website.” Referred to Environmental Regulation, 2/19/2019. https://capitol.texas.gov/
HB 478, by Phelan, Relating to the funding of flood planning, mitigation, and infrastructure projects. Left pending in committee, 3/5/2019. https://capitol.texas.gov/
HB 481, by Kuempel, identical to SB 520, Relating to the storage and recovery of water in a portion of the Edwards Aquifer. Left pending in committee 3/26/2019. https://capitol.texas.gov/
HB 720, by Larson and Guillen, Relating to appropriations of water for use in aquifer storage and recovery projects. Left pending in committee 3/26/2019. https://capitol.texas.gov/
HB 721, by Larson, Relating to the duty of the Texas Water Development Board to conduct studies of and prepare and submit reports on aquifer storage and recovery. Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/
HB 722, by Larson, Relating to the development of brackish groundwater. Left pending in committee 3/26/2019. https://capitol.texas.gov/
HB 723, by Larson, similar to SB 724, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Left pending in committee 3/26/2019. https://capitol.texas.gov/
HB 724, by Larson, Relating to the authorization by the Texas Commission on Environmental Quality of the discharge, diversion, and transfer or other reuse of treated brackish groundwater and return flows derived from treated brackish groundwater.Scheduled for public hearing on 4/2/2019. https://capitol.texas.gov/
HB 726, by Larson, Relating to the regulation of groundwater. Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/
HB 801, by Walle, identical to SB 179. Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Referred to Natural Resources, 2/25/2019. https://capitol.texas.gov/
HB 807, by Larson, Relating to the state and regional water planning process. Placed on General State Calendar 4/1/2019. https://capitol.texas.gov/
HB 817, by Tracy O. King, identical to SB 655. Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas of the Edwards Aquifer. Left pending in committee 3/12/2019. https://capitol.texas.gov/
HB 893, by Dutton, 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.” Referred to environmental Regulation, 2/25/2019. https://capitol.texas.gov/
HB 907, by Huberty, identical to SB 2123, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/
HB 908, by Huberty, identical to SB 2125, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/
HB 909, by Huberty, identical to SB 2124, Relating to best management practices for aggregate production operations. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/
HB 928, by Anchia, Goodwin, Zwiener, Israel, Relating to establishing the Texas Climate Change Mitigation and Adaptation Commission to study and address the impacts of climate change in this state. Sets up who’s on the Commission. Interestingly, the TCEQ nor geologists are listed, although the TCEQ could be brought in, as needed, and a geologist could be chosen by one of the various groups listed. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/
HB 942, by Anchia, Goodwin, Zwiener, Cole, Chris Turner, Relating to the creation and duties of the Global Climate Change Commission. Referred to Environmental Regulations, 2/25/2019. https://capitol.texas.gov/
HB 944, by Dutton, Relating to the posting of notice of intent to obtain a permit from the Texas Commission on Environmental Quality at the site of the facility or proposed facility for which the permit is sought. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/
HB 990, by Gutierrez, identical to SB 515, Relating to a study by the Texas Water Development Board and the Texas Commission on Environmental Quality regarding the effects of the construction of a border wall on storm drainage and other environmental matters in this state. They will conduct a study on the effects of a border wall on storm drainage, water quality, environmental contamination, flooding, etc. Scheduled for public hearing on 4/2/2019. https://capitol.texas.gov/
HB 1010, by Paul, Relating to state and regional flood planning. By 9/1/2021, and before the end of each successive five-year period after that date the board shall prepare and adopt a state flood plan. Referred to Natural Resources, 2/26/2019. https://capitol.texas.gov/
HB 1044, by Zweiner, Nevarez, Oliverson, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. For Williamson and Northern Travis counties. Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/
HB 1311, by Senfronia Thompson, identical to SB 609, Relating to the continuation and functions of the Texas Board of Professional Geoscientists. Considered in Calendars 3/27/2019. https://capitol.texas.gov/
HB 1491, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. Referred to Environmental Regulation, 2/27/2019. https://capitol.texas.gov/
HB 1594, by Shine, Relating to a study by the Texas Water Development Board of groundwater availability in certain counties. Referred to Natural Resources, 3/4/2019. https://capitol.texas.gov/
HB 1617, by Larson, identical to SB 1041, Relating to the deadline by which the Texas Water Development Board is required to identify and designate brackish groundwater production zones for certain areas of the state. “Not later than December 1, 2032, the Texas Water Development Board shall identify and designate brackish groundwater production zones for areas of this state not described by Subsection (a) of this section.” Considered in Calendars 3/27/2019. https://capitol.texas.gov/
HB 1868, by Lozano, Relating to the creation of the Texas Rural Water Advisory Council. Scheduled for public hearing on 4/1/2019. https://capitol.texas.gov/
HB 1904, by Larson, identical to SB 881, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Scheduled for public hearing on 4/2/2019. https://capitol.texas.gov/
HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Referred to Environmental Regulation, 3/5/2019. https://capitol.texas.gov/
HB 2098, by Nevarez, Relating to a study by the Texas Water Development Board and the Texas Commission on Environmental Quality regarding the effects of the construction of a border wall on water quality in this state. Referred to Environmental Regulation, 3/6/2019. https://capitol.texas.gov/
HB 2203, by Miller, Zerwas, Reynolds, Stephenson, identical to SB 1885, Relating to notice of a radioactive substance release. “Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, a person who accidentally other law requiring confidentiality, a person who accidentally which the substance was released.” Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/
HB 2238, by Hefner, identical to SB 978, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state’s available water supply. Left pending in committee 3/25/2019. https://capitol.texas.gov/
HB 2710, by Murr, identical to SB 2278, 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. Referred to Environmental Regulation, 3/11/2019. https://capitol.texas.gov/
HB 2771, by Lonzano, identical to SB 1585, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Scheduled Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/
HB 2871, by Biedermann, Relating to the regulation of certain aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses. Referred to Energy Resources, 3/12/2019. https://capitol.texas.gov/
HB 2942, by Guillen, Relating to the adoption and enforcement of reclamation standards for certain sand mining operations; authorizing a fee. Left pending in committee 3/25/2019. https://capitol.texas.gov/
HB 3023, by Mary Gonzalez, Relating to a study by Texas A&M University on the expected effects of future climate change in this state and the preparedness of this state to address those effects. Referred to Environmental Regulation, 3/13/2019. https://capitol.texas.gov/
HB 3264, by Buckley, identical to SB 1726, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Left pending in committee 3/26/2019. https://capitol.texas.gov/
HB 3324, by Zweiner, Relating to groundwater impact contingency planning by pipeline operators. Referred to Natural Resources 3/18/2019. https://capitol.texas.gov/
HB 3717, by Dominguez, identical to SB 1999, Relating to notice of a radioactive substance release. Referred to Ways& Means 3/19/2019. https://capitol.texas.gov/
HB 3770, by Raymond, identical to SB 1496, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Natural Resources 3/19/2019. https://capitol.texas.gov/
HB 3798, by Biedermann, Relating to the regulation of and permit requirements for certain facilities that extract, produce, or process aggregates and of related facilities by the Texas Commission on Environmental Quality and the Railroad Commission of Texas; providing administrative penalties and other civil remedies; creating criminal offenses. Referred to Environmental Regulation 3/19/2019. https://capitol.texas.gov/
HB 3805, by Paul, identical to SB 2394, Relating to reporting requirements for certain accidental discharges or spills. Referred to Environmental Regulation 3/19/2019. https://capitol.texas.gov/
HB 3815, by Morrison, duplicate of HB 3839, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/
HB 3816, by Morrison, identical to SB 2387, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Environmental Regulation 3/19/2019. https://capitol.texas.gov/
HB 3839, by Murphy, duplicate of HB 3815, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/
HB 4380, by Herrero, Relating to the creation of the Environmental Task Force Advisory Committee. A geologist is not part of this Task Force Committee but an environmental engineer is. Referred to Energy Resources 3/25/2019. https://capitol.texas.gov/
HB 4570, by Larson, Relating to establishing an advisory board to study surface water and groundwater interaction. Referred to Energy Resources 3/26/2019. https://capitol.texas.gov/
HB 4599, by Blanco, Relating to the establishment and implementation by the Texas Commission on Environmental Quality of a program to reduce the emissions of greenhouse gases in this state; authorizing a fee. Referred to Environmental Regulation 3/26/2019. https://capitol.texas.gov/
SB 179, by Miles, identical to HB 801, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Referred to Water & Rural Affairs 2/1/2019. https://capitol.texas.gov/
SB 185, by Miles, Relating to the response to certain oil or gas well accidents by state agencies and responsible parties. An operator of an oil or gas well shall give immediate notice of a fire, leak, spill, or break at the well to the appropriate commission oil and gas division district office and submit to the commission a letter giving a full description of the event, including the volume of crude oil, gas, or other well liquids or gases lost. Referred to Natural Resources & Economic Development 2/1/2019. https://capitol.texas.gov/
SB 483, by Campbell and Zaffirini, identical to HB 1044, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. Scheduled for public hearing on 4/1/2019. https://capitol.texas.gov/
SB 515, by Rodriguez, identical to HB 990, Relating to a study by the Texas Water Development Board and the Texas Commission on Environmental Quality regarding the effects of the construction of a border wall on storm drainage and other environmental matters in this state. They will conduct a study on the effects of a border wall on storm drainage, water quality, environmental contamination, flooding, etc. Referred to Water & Rural Affairs 2/14/2019. https://capitol.texas.gov/
SB 520, by Campbell and Zaffirini, identical to HB 481, Relating to the storage and recovery of water in a portion of the Edwards Aquifer. Scheduled for public hearing on 4/1/2019. https://capitol.texas.gov/
SB 609, by Watson, Birdwell, Buckingham, and Nichols, identical to HB 1311, Relating to the continuation and functions of the Texas Board of Professional Geoscientists. Referred to Business& Commerce, 2/21/2019. https://capitol.texas.gov/
SB 655, by Flores, identical to HB 817, Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas of the Edwards Aquifer. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/
SB 694, by Campbell, Relating to the regulation of aggregate production operations by the Texas Commission on Environmental Quality; increasing a fee; increasing administrative penalties. Referred to Natural Resources & Economic Development 3/1/2019. https://capitol.texas.gov/
SB 724, by Perry, similar to HB 723, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Water& Rural Affairs, 3/1/2019. https://capitol.texas.gov/
SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Committee report printed and distributed 3/26/2019. https://capitol.texas.gov/
SB 978, by Hughes, identical to HB 2238, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state’s available water supply. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/
SB 1041, by Taylor, identical to HB 1617, Relating to the deadline by which the Texas Water Development Board is required to identify and designate brackish groundwater production zones for certain areas of the state. The new date is 12/1/2032. Placed on intent calendar 4/1/2019. https://capitol.texas.gov/
SB 1220, by Bettencourt, Hinojosa, Kolkhorst, Lucio, identical to HB 3815 and 3839, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Commerce, 3/7/2019. https://capitol.texas.gov/
SB 1496, by Zaffirini, identical to HB 3770, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/
SB 1585, by Hughes, identical to HB 2771, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/
SB 1696, by Campbell, Relating to the regulation of aggregate production operations; requiring a permit; authorizing a fee. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/
SB 1726, by Buckingham, identical to HB 3264, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/
SB 1885, by Kolkhorst, identical to HB 2203, Relating to notice of a radioactive substance release. Referred to Natural Resources & Economic Development 3/18/2019. https://capitol.texas.gov/
SB 1999, by Hinojosa, identical to HB 3717, Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators. Referred to Natural Resources & Economic Development 3/19/2019. https://capitol.texas.gov/
SB 2064, by Menendez, Relating to methane gas reduction by The University of Texas System. Referred to Higher Education 3/21/2019. https://capitol.texas.gov/
SB 2123, by Creighton, Buckingham, identical to HB 907, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/
SB 2124, by Creighton, Buckingham, identical to HB 908, Relating to best management practices for aggregate production operations. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/
SB 2125, by Creighton, Buckingham, identical to HB 909, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/
SB 2155, by Zaffirini, Relating to the retention of soil samples and records related to a permit for a municipal solid waste facility issued by the Texas Commission on Environmental Quality; creating an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/
SB 2278, by Buckingham, identical to HB 2710, 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. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/
SB 2385, by Miles, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/
SB 2387, by Powell, identical to HB 3816, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/
SB 2394, by Taylor, identical to HB 3805, Relating to reporting requirements for certain accidental discharges or spills. Referred to Water & Rural Affairs 3/21/2019. https://capitol.texas.gov/