The Wise Report
Henry M. Wise, P.G.
April 24, 2021
On April 21, 2021 The Texas Geoscience Council (TGC) got wind of an effort to defund the Texas Board of Professional Geoscientists (TBPG). Representative Cason presented an amendment to the proposed Texas State budget (House bill CSSB1) to increase Article 1 appropriations from the General Revenue Fund to Rider 26 of the Trusteed Programs within the Office of the Governor by$588,700 and reduce the Article VIII appropriations from the General Revenue Fund to the TBPG by the amount of $588,700. This amendment was to be voted on by the House the next day. Thanks to a last minute letter-writing campaign, the amendment was tabled. The legislature will conclude it’s business on May31, 2021, so we’ll continue to watch for any further developments, should they occur.
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The Texas Legislature is now in session and bills are being filed and worked on. New information are shown in bold.
HB 632, by Darby, Anchia, Geren, Craddick, and Longoria, Companion bill SB 1213 (Identical), Relating to the establishment of an advisory committee for the TexNet seismic monitoring program. 4/23/2021 Reported engrossed. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB632
HB 666, by Harris, Companion bills HB 668 (Duplicate) and SB 152 (Identical), Relating to the regulation of groundwater conservation districts. A person with groundwater ownership and rights may petition the district to adopt modify a rule. This bill lists what the petition must contain. 3/1/2021 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB666
HB 668, by Harris, Companion bills HB 666 (Duplicate) and SB 152 (Identical), Relating to the regulation of groundwater conservation districts. A person with groundwater ownership and rights may petition the district to adopt modify a rule. This bill lists what the petition must contain. 3/1/2021 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB668
HB 714, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. 3/1/2021 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB714
HB 858, 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." 3/1/2021 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB858
HB 860, by Collier, Relating to changes to an application for an environmental permit before a contested case hearing on the application. 3/1/2021 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB860
HB 896, by Reynolds, Relating to air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities. 4/19/2021 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB896
HB 897, 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. 4/19/2021 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB897
HB 1044, by Anchia and Reynolds, Relating to establishing the Texas Climate Change Mitigation and Adaptation Commission to study and address the impacts of climate change in this state. 3/4/2021 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1044
HB 1191, by Goodwin and Reynolds, Companion bill SB 1294 (Similar), Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/4/2021 Referred to Environmental Regulation. The Office of Environmental Justice is created within the commission to protect the public health, general welfare, and physical property of environmental justice communities in regard to the issuance of permits. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1191
HB 1284, by Paddie, Companion bill SB 450 identical. Relating to the jurisdiction of the Railroad Commission of Texas over the injection and geologic storage of carbon dioxide. 4/20/2021 Senate received from the House. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1284
HB 1289, by Reynolds, Relating to notice of certain accidental discharges or spills to local government officials by the Texas Commission on Environmental Quality. 3/4/2021 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1044
HB 1521, by Hinojosa and Rodriguez, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/8/2021 Referred to energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1521
HB 1801, by Larson and Lopez, Companion bill SB 1441 (Identical), Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. 3/11/2021 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1801
HB 1913, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 3/15/2021 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=1913
HB 1976, by Gervin-Hawkins, Relating to a study conducted by the Railroad Commission of Texas regarding reported gas flaring. 3/15/2021 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=1976
HB 2006, by Ashby, Companion bill SB 771 (Identical), Relating to the notice requirements for permits for the commercial surface disposal of oil and gas wastes. In addition to publishing notice of the permit application, notice shall be given to a river authority or groundwater conservation district whose territory contains the tract of land on which a disposal pit will be located or on which the disposal will take place. 3/15/2021 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2006
HB 2019, by Hefner, Companion bill SB 699 (Identical), Relating to a study of the conversion of surface mine pits and quarries to water storage reservoirs in order to enhance this state's available water supply. 4/13/2021 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2019
HB 2072, by Lambert, Darby, Dominguez, Raney, and Rogers, Companion bill SB 872 (Identical), Relating to the expiration of the dry cleaner environmental response program. Extends the dry cleaner environmental response program to 2041. 3/22/2021 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2072
HB 2095, by Wilson, Relating to water research conducted by The University of Texas Bureau of Economic Geology. 4/20/2021Reported favorably as substituted. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2095
HB 2148, by Stephenson and Reynolds, Relating to notice of contamination of a public water supply to certain water providers by the Texas Commission on Environmental Quality. "As soon as possible after the commission detects or becomes aware of contamination of water that is a source for a public water supply and not later than the time the commission notifies the news media of the contamination, the commission shall give notice of the contamination to the owner or operator of each public water supply system that may be affected by the contamination." 4/20/2021 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2148
HB 2166, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Conduct a study regarding the potential effects of droughts and wildfires in Texas over the next 50 years. 4/21/2021 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2166
HB 2652, by Larson, Companion bill SB 1039 (Identical), Relating to establishing an advisory board to study surface water and groundwater interaction. 4/14/2021 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2652
HB 2659, by Rosenthal, Relating to reporting requirements for certain accidental discharges or spills. The county judge will need to be notified in addition to the TCEQ of a spill. 4/26/2021 Scheduled for public hearing. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2659
HB 2689, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council. 4/27/2021 Scheduled for public hearing. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2689
HB 2851, by Lucio III, Relating to the consideration of modeled sustainable groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/18/2021 Referred to Natrual Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=2851
HB 4341, by Biedernabb, Relating to the transfer of the regulation of aggregate production operations from the Texas Commission on Environmental Quality to the Railroad Commission of Texas on delegation by the United States Environmental Protection Agency; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses. 3/29/2021 Referred to Environmental Regulaton. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=4341
SB 152, by Perry and Creighton, Companion bills HB 666 (Identical) and HB 668 (Identical), Relating to the regulation of groundwater conservation districts. "The board of regents of The University of Texas System shall adopt a formal policy goal to eliminate routine methane flaring on university lands by 2025." 4/27/2021 Scheduled for public hearing. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB152
SB 388, by Eckhardt, Companion bill HB 1521 (Similar), Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/9/2021 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB388
SB 450, by Hancock, Companion bill HB 1284 (Identical), Relating to the jurisdiction of the Railroad Commission of Texas over the injection and geologic storage of carbon dioxide. 4/8/2021 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB450
SB 699, by Blanco, Companion bill HB 2019 (Identical), Relating to a study of the conversion of surface mine pits and quarries to water storage reservoirs in order to enhance this state's available water supply. 4/26/2021 Scheduled for public hearing. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB699
SB 771, by Nichols, Companion bill HB 2006 (Identical), Relating to the notice requirements for permits for the commercial surface disposal of oil and gas wastes. 3/11/2021 Referred to Natural Resources &Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB771
SB 872, by Hancock, Companion bill HB 2072 (Identical), Relating to the expiration of the dry cleaner environmental response program. Extends the dry cleaner environmental response program to 2041. 4/21/2021 House committee report sent to Local & Consent Calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB872
SB 1039, by Eckhardt, Companion bill HB 2652 (Identical), Relating to establishing an advisory board to study surface water and groundwater interaction. 3/18/2021 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB1039
SB 1213, by Seliger, Companion bill HB 632 (Identical), Relating to the establishment of an advisory committee for the TexNet seismic monitoring program. 4/22/2021 Not again placed on intent calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB1213
SB 1294, by Eckhardt, HB 1191 Identical, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/18/2021 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB1294
SB 1441, by Campbell, Gutierrez, and Menendez, Companion bill HB 1801 (Identical), Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. 4/21/2021 House referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB1441
Henry M. Wise, P.G.
The Wise Report
4/24/2021