The Wise Report

 
The Wise Report
Henry M. Wise, P.G
June 5, 2011
 
The regular legislative session has ended and below is the final list of bills that have passed this legislative session and may be of interest to geologists. Some of these are still awaiting the Governor’s signature/veto. The Special Session has begun and there are currently no bills pending that appear to be of concern. We are following this Special Session to make sure there are no surprises.
 
HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." 5/21/2011 – Signed by the Governor, effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444
 
HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. 5/28/2011 – Signed by the Governor, effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067
 
HB-2694, by Smith. A summary of the geological interests within this bill, which relates to the TCEQ Sunsetting Legislation for this session is as follows:
·         Continues the Texas Commission on Environmental Quality for 12 years to 2023.
·         Requires that TCEQ Commissioners resign their position if contributions are accepted for a campaign for an elected office.  
·         Provides for a process to develop PST remediation contracts to allow contractors currently cleaning up sites that have been eligible for reimbursement to continue their work.
·         Transfers, on September 1, 2011 the authority for making groundwater protection recommendations regarding oil and gas activities from TCEQ to the Railroad Commission (RRC).
·         Authorizes RRC, not TCEQ to issue letters of determination associated with geologic storage of anthropogenic carbon dioxide (CO2).
·         Requires changes to the current Compliance History program requirements.
·         Expands the use of the PST remediation fee to remove underground or aboveground storage tanks if certain criteria are met.
·         Reauthorizes the PST remediation fee at the current level with no expiration date.
·         Requires water right holders to provide monthly water use reports to commission upon request during times of drought or emergency shortages of water or to respond to a complaint.
·          Authorizes that in a “period of drought or other emergency shortage of water” the executive director may temporarily suspend a water right and adjust the diversion of water between water right holders based on 11.024 & 11.027, TWC.
·         Abolishes Texas On-site Wastewater Treatment Research Council (TOWTRC) and transfers duties to TCEQ on September 1, 2011.
5/30/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694