The Wise Report
Henry M. Wise, P.G.
February 25, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 2/23/2023 Referred to Homeland Security & Public Safety. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, 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." Filed 12/8/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." Filed 12/21/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Filed 1/11/2023, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. Filed 1/12/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1687, 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. Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule." Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, 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. Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. Filed 1/25/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. Filed 2/17/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." Filed 2/21/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 2/17/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 2/17/2023 Referred to Business & Commerce. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule." Filed 2/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. Filed 2/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. Filed 2/24/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
Henry M. Wise, P.G.
The Wise Report
2/25/2023