The Wise Report
June 15, 2013
Henry M. Wise, P.G.
The Texas Commission on Environmental Quality (TCEQ) proposes to adopt by reference updates to the TCEQ’s memorandum of understanding (MOU) with the Texas Department of Transportation (TxDOT) regarding TCEQ environmental reviews of TxDOT highway (transportation) projects. The updates are required to implement the following statutes and legislation.
Texas Transportation Code, §201.607(a) requires TxDOT and each state agency that is responsible for the protection of the natural environment, which includes the TCEQ, to revise their MOU that relates to the review of the potential environmental effect of a highway project. Texas Transportation Code, §201.607(b) requires TxDOT and the TCEQ to adopt, by rule, all revisions to the MOU. In addition, Texas Transportation Code, §201.607(a)(5), as amended in Section 1 of Senate Bill (SB) 548, Section 18 of SB 1420, and Section 1 of House Bill (HB) 630, 82nd Legislature, 2011, requires that the MOU specify that comments submitted to TxDOT later than the available 45-day review period will be considered by TxDOT to the extent possible. In addition, Section 5 of SB 548, Section 18 of SB 1420, and Section 5 of HB 630 require that the MOU be updated.
TxDOT and the TCEQ have negotiated updated MOU language. TxDOT has adopted the updated MOU in 43 TAC Chapter 2, Subchapter I. The TCEQ proposed rulemaking would adopt 43 TAC §§2.301 - 2.308 by reference.
For more information, go to: http://www.sos.state.tx.us/texreg/archive/June72013/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#118
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The Railroad Commission of Texas (RRC) adopts amendments to §3.13, relating to Casing, Cementing, Drilling, Well Control, and Completion Requirements, with changes and §3.99, relating to Cathodic Protection Wells; and §3.100, relating to Seismic Holes and Core Holes, without changes to the proposed text published in the February 15, 2013, issue of the Texas Register (38 TexReg 733). The adopted amendments implement certain provisions of House Bill 2694 (82nd Legislature, Reg. Sess. 2011) and more clearly outline the requirements for all wells, consolidate the requirements for well control and blow-out preventers, and update the requirements for drilling, casing, cementing, and fracture stimulation. The adopted amendments to §3.99 and §3.100 conform the definition of "protection depth."
The adopted effective date of these amendments is January 1, 2014, to allow the Commission time to develop and advise operators of the lists of potential flow zones and zones with corrosive formation fluids and to allow operators time to become familiar with the new requirements for wells to be drilled. Operators will be subject to these amendments for any wells that will be spudded on or after January 1, 2014. Wells spudded before January 1, 2014, will be subject to the current requirements of §3.13 in effect through December 31, 2013. For more information, go to: http://www.sos.state.tx.us/texreg/archive/June72013/adopted/16.ECONOMIC%...
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The following filed bills may be of interest to Texas geologists. This list has been shortened to show only those bills which have been passed or are new from the Special Session. The Governor has until June 16, 2013 to sign or veto all passed bills from the regular session. If he does neither, they will become law without his signature. New information is listed in bold. Bills that have been passed are noted with an “*”:
*HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/28/2013 signed by the Governor, effective 9/1/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4
*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. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
*HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
*HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
*HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
*HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
*HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/25/2013, filed without the Governor's signature. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
*SB 138, 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. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...
*SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
The following are new bills of interest to Texas geologists introduced during the Special Session called by the Governor:
HB 24, by Larson, Relating to the development of brackish groundwater. 5/31/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...
HB 25, by Larson, Relating to the underground storage of water for later retrieval and beneficial use; authorizing the imposition of fees. 5/31/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...
I'll be updating this list in the future, throughout the legislative session.
Henry M. Wise, P.G.
The Wise Report
June 15, 2013