After initial discussions and review of recent court interpretations involving Phase I ESAs, ASTM's All Appropriate Inquiry task group wanted to clarify the Phase I Environmental Assessment (Phase I ESA) process and strengthen the deliverable. The task group is coordinating these revision efforts with US EPA and anticipates completing the full ASTM balloting process no later than late 2012 to allow EPA time to complete its process necessary to reference the updated standard by the end of 2013. For more information go to: http://www.envstd.com/newsletters/the-standard-december-2012/#AAI
The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold (three new bills listed):
HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
This bill also opens the door to more attacks on the TBPG, among other Boards." Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Filed 11/29/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
HB 147, by Burkett, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. Filed 1/3/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Received by the Secretary of the Senate on 11/29/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...
SB138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. Received by the Secretary of the Senate 11/30/2012. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...
I'll be updating this list in the future, throughout the legislative session.
Henry M. Wise, P.G.
The Wise Report
January 5, 2013