The Wise Report

The Texas State Legislature is now in session and bills are being filed and worked on.  New information is listed in bold (four 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/BillLookup/history.aspx?LegSess=86R&Bill=HB223

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/BillLookup/history.aspx?LegSess=86R&Bill=HB225

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, 2/19/2019https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB245

HB 478, by Phelan, Relating to the funding of flood planning, mitigation, and infrastructure projects. Referred to Natural Resources, 2/20/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB478

HB 481, by Kuempel, identical to SB 520, Relating to the storage and recovery of water in a portion of the Edwards Aquifer. Referred to Natural Resources, 2/20/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB481

HB 720, by Larson, Relating to appropriations of water for use in aquifer storage and recovery projects. Referred to Natural Resources, 2/20/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB720

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. Referred to Natural Resources, 2/21/2019https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721

HB 722, by Larson, Relating to the development of brackish groundwater. Referred to Natural Resources, 2/21/2019https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722

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. Referred to Natural Resources, 2/21/2019https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB723

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. Referred to Natural Resources, 2/21/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724

HB 726, by Larson, Relating to the regulation of groundwater. Referred to Natural Resources, 2/21/2019https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB726

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. Filed 1/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801

HB 807, by Larson, Relating to the state and regional water planning process. Filed 1/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB807

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. Filed 1/15/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB817

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.” Filed 1/17/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893

HB 907, by Huberty, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907

HB 908, by Huberty, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908

HB 909, by Huberty, Relating to best management practices for aggregate production operations. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909

HB 928, by Huberty, 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. Filed 1/18/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928

HB 942, by Anchia, Relating to the creation and duties of the Global Climate Change Commission. Filed 1/22/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB942

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. Filed 1/22/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB944

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. Filed 1/23/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB990

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. Filed 1/23/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1010

HB 1044, by Zweiner, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. Filed 1/24/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1044

HB 1311, by Senfronia Thompson, identical to SB 609, Relating to the continuation and functions of the Texas Board of Professional Geoscientists.  Filed 2/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1311

HB 1491, by Reynolds, identical to SB 609, Relating to the establishment of the Texas Environmental Justice Advisory Council. Filed 2/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1491

HB 1594, by Shine, Relating to a study by the Texas Water Development Board of groundwater availability in certain counties. Filed 2/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1594

HB 1617, by Larson, 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.” Filed 2/12/2019.https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1617

HB 1868, by Lozano, Relating to the creation of the Texas Rural Water Advisory Council. Filed 2/15/2019.https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1868

HB 1904, by Larson, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Filed 2/15/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1904

HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Filed 2/19/2019.https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1980

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. Filed 2/20/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2098

HB 2203, by Miller, 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.” Filed 2/20/2019.https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2203

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. Filed 2/22/2019.https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2238

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/BillLookup/history.aspx?LegSess=86R&Bill=SB179

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/BillLookup/history.aspx?LegSess=86R&Bill=SB185

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. Referred to Water & Rural Affairs 2/14/2019https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB483

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/BillLookup/history.aspx?LegSess=86R&Bill=SB515

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. Referred to Water & Rural Affairs 2/14/2019 https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB520

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, 2/21/2019https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB609

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. Received by the Secretary of the Senate 2/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB655

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. Received by the Secretary of the Senate 2/7/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB694

SB 724, by Perry, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Received by the Secretary of the Senate 2/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB724

SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Filed 2/19/2019.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB881

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.. Filed 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB978

Henry M. Wise, P.G., C.P. G.