The Wise Report
Henry M. Wise, P.G.
April 22, 2017
The State Legislature is now in session. The following is a list of bills of potential interest to geologists. There is one new bill of interest this week. New information is listed in bold:
HB 484, by Spring, Relating to training required to qualify for or renew a license issued by the Texas Commission on Environmental Quality. The TCEQ must provide a location within 100 miles of the place of employment of a person who is required to receive the training, reimbursement for travel and lodging expenses incurred if training isn't available within 100 miles, or online training. 3/14/2017 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB484
HB 815, by Burkett, Dale, Rick Miller, and Paul, 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 considers the costs and environmental effects and benefits expected to result from implementation of and compliance with the rule." 3/14/2017 Withdrawn from schedule. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB815
HB 1515, by Elkins, Relating to the expiration of the dry cleaner environmental response program. "A corrective action, including any administrative duties associated with the action, for which remediation of a contaminated site has begun before September 1, 2050, shall be completed in accordance with this chapter using money from the fund, to the extent possible, but money may not be collected for or added to the fund on or after that date." 4/20/2017 Committee report sent to caneldars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB1515
HB 1519, by Mary Gonzalez, Relating to requirements for the construction of a natural gas pipeline. "A person seeking to construct a pipeline to which this chapter applies may not begin construction of the pipeline unless the person first performs an analysis to identify and assess potential impacts on the natural and human environment that could result from the construction and operation of the pipeline and submits the analysis to the railroad commission in writing." 3/20/2017 Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB1519
HB 1536, by Farrar, Relating to a study and report by the Texas Commission on Environmental Quality on the use of green stormwater infrastructure in this state. ""green stormwater infrastructure" means stormwater infrastructure that reduces and treats stormwater at the source using vegetation, soils, and other elements and practices to restore some of the natural processes required to manage stormwater. The term includes the use of rain gardens, rainwater harvesting systems, and permeable pavement." 4/20/2017 Reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB1536
HB 1597, by Bell, Relating to a study and report by the Texas Commission on Environmental Quality on the use of green stormwater infrastructure in this state. "This chapter may be cited as the Texas Tertiary Recovery Unitization Act." 3/9/2017, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB1597
HB 2005, by Larson and Fallon, Relating to the duty of the Texas Water Development Board to conduct studies of and prepare and submit reports on aquifer storage and recovery. 4/18/2017 Received in the Senate from the House. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB2005
HB 2127, by Elkins, Relating to the authority of the Harris-Galveston Subsidence District to regulate certain water wells. 3/13/2017 Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB2127
HB 2343, by Workman, Anderson, Charles "Doc", and Villalba, Relating to prerequisites to asserting certain claims arising from certain construction defects. Includes geologist as a "Design Professional and can hold geologists responsible for indemnification for damage to or loss of real or personal property caused by an alleged constructon defect. Scheduled for public hearing on 4/24/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 2377, by Larson and Lucio III, Relating to the development of brackish groundwater. A landowner may drill and operate a well for a single-family dwelling, a landowner may drill and operate a well if, among other things, the well is used only for outdoor watering of landscape plantings on the property. 4/21/2017 Committee report filed with Committee Coordinator. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB2377
HB 2621, by Darby, Relating to state and local tax incentives for certain enhanced oil recovery projects. 3/21/2017 Referred to Ways& Means. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB2621
HB 3028, by Burns, Relating to groundwater ownership and rights. Adds Subdivision to existing groundwater ownership and rights. 4/10/2017 Left pending in subcommittee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB3028
HB 3037, by Workman, Relating to the definition of groundwater management areas to coincide with major and minor aquifers and the joint planning process in those areas. 3/27/2017 Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB3037
HB 3084, by Keough, identical to SB 1529, Relating to the collection, analysis, and dissemination of information regarding the availability and quality of the groundwater resources in this state by the Geo-Technology Research Institute. "The institute shall use data from the Texas Water Development Board, the Railroad Commission of Texas, and the Bureau of Economic Geology of The University of Texas at Austin to develop a three-dimensional model of the availability and quality of the groundwater resources in this state. The institute shall digitize data necessary to develop the model, if necessary." 3/27/2017 Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB3084
HB 3166, by Lucio III, Relating to the consideration of modeled sustainable groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 4/20/2017 Reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB3166
HB 3200, by Murr, 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. Is for sites that occupy at least 10 acres and is located inside the boundaries or extraterritorial jurisdiction of a municipality. Scheduled for public hearing on 4/25/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB3200
HB 3314, by Frank, identical to SB 226, Relating to the procedure for action on certain applications for an amendment to a water right. Stipulates new exemptions from requirements regarding notice and hearing or technical reviews for amendments to a water right. 4/3/2017 Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB3314
HB 4006, by Larson, identical to SB 226, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for all of the river basins in this state. "Not later than December 1, 2020, the commission shall obtain or develop updated water availability models for the all of the river basins in this state." 3/31/2017 Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB4006
HB 4045, by Cortez, Relating to the regulation and permitting of groundwater. 4/3/2017 Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB4045
HB 4122, by Kacal, Relating to the transference of certain territory from one groundwater conservation district to another. For parcels of land greater than 1,000 acres and is included in two or more groundwater conservation districts may request that the districts transfer portions of their territories as necessary for the entire parcel to be included in the territory of a single district. 4/5/2017 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB4122
SB 177, by Van, Taylor, Relating to the recovery of stranded oil, gas, or oil and gas from depleting Cenozoic Era reservoirs. 4/11/2017 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB177
SB 189, by Uresti, Relating to notice of an application for a permit to drill certain injection wells within a certain distance of a groundwater conservation district. “A person making application to the railroad commission for a permit for an injection well to which this subchapter applies the proposed location of which is in the territory of or within 10 miles of the boundaries of a groundwater conservation district shall: (1) submit a copy of the application to the governing body of each such groundwater conservation district; and (2) submit with the application evidence showing that the applicant has complied with Subdivision (1). 1/25/2017 Referred to Agriculture, Water,& Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB189
SB 226, by Van Taylor, identical to HB 3314, Relating to the procedure for action on certain applications for an amendment to a water right. Stipulates new exemptions from requirements regarding notice and hearing or technical reviews for amendments to a water right. 4/19/2017 House Received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB226
SB 696, by Perry, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. "Not later than December 1, 2020, the commission shall obtain or develop updated water availability models for the Brazos, Guadalupe, San Antonio, and Trinity River basins. The commission may collect data from all jurisdictions that allocate the waters of the rivers, including jurisdictions outside this state." Scheduled for public hearing on 4/24/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB696
SB 781, by Zaffirini, Relating to a limitation on the location of solid waste facilities. 2/22/2017 Referred to Agriculture, Water, & Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB781
SB 939, by Bettencourt, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 3/1/2017 Referred to Natural Resources & Economic Development. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB939
SB 1053, by Perry, Relating to an appeal of a desired future condition in a groundwater management area. "A district's adoption of a desired future condition under Section 36.108(d-4) may be appealed by an affected person to a district court with jurisdiction over any part of the territory of the district. An appeal must be filed with the district court not later than the 120th day after the date of the adoption. The pleadings must provide evidence that the desired future condition adopted by the districts was unreasonable." 4/3/2017 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB1053
SB 1525, by Perry, Relating to a study by the Texas Water Development Board of water needs and availability in this state. 4/20/2017 House received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB1525
SB 1529, by Creighton, Identical to HB 3084, Relating to the collection, analysis, and dissemination of information regarding the availability and quality of the groundwater resources in this state by the Geo-Technology Research Institute. "The institute shall use data from the Texas Water Development Board, the Railroad Commission of Texas, and the Bureau of Economic Geology of The University of Texas at Austin to develop a three-dimensional model of the availability and quality of the groundwater resources in this state. The institute shall digitize data necessary to develop the model, if necessary." 3/21/2017 Referred to Agriculture, Water,& Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB1529
SB 1628, by Estes, Relating to the replacement of contested case hearings for certain environmental permits with a petition for administrative review. Includes uranium mining permits. 3/22/2017 Referred to Natural Resources & Economic Development. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB1628
SB 2026, by Rodriguez, Identical to HB 1536, Relating to a study and report by the Texas Commission on Environmental Quality on the use of green stormwater infrastructure in this state. ""green stormwater infrastructure" means stormwater infrastructure that reduces and treats stormwater at the source using vegetation, soils, and other elements and practices to restore some of the natural processes required to manage stormwater. The term includes the use of rain gardens, rainwater harvesting systems, and permeable pavement." 3/27/2017 Referred to Agriculture, Water, & Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB2026
SB 2193, by Buckingham, 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. Is for sites that occupy at least 10 acres and is located inside the boundaries or extraterritorial jurisdiction of a municipality. 3/4/6/2017 Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB2193
Henry M. Wise, P.G.
The Wise Report
4/22/2017