The Wise Report
Henry M. Wise, P.G.
February 1, 2025
The Texas Commission on Environmental Quality (TCEQ) adopts the amendment to §350.76. The purpose of this rulemaking is to amend 30 Texas Administrative Code (TAC) Chapter 350, Texas Risk Reduction Program (TRRP) rule §350.76, pertaining to the chemical-specific approaches used for developing and demonstrating attainment of the critical human health protective concentration levels (PCLs) for dioxins/furans and dioxin-like polychlorinated biphenyls (PCBs). For more information go to: https://www.sos.state.tx.us/texreg/archive/January312025/Adopted%20Rules/30.ENVIRONMENTAL%20QUALITY.html#95
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The Texas Legislature will be back in session through June 2, 2025. As usual, I’ll be filing updates as new bills come in. New information is in bold.
HB 191, by Spiller, Companion bill HB 1566 (Duplicate), Relating to the purchase of or acquisition of title to real property by certain foreign entities. Sales of properties or minerals in place to countries identified by the US Director of National Intelligence as on that poses a risk to US national security are prohibited. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=89R&Bill=HB191.
HB 279, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB279.
HB 402, by Cain, Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Sales of properties or minerals in place to countries identified by the US Director of National Intelligence as on that poses a risk to US national security are prohibited. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB402 .
HB 457, by Christina Morales, Relating to an alert system for notification of the release of toxic chemicals by a manufacturing facility. "If the responsible state agency determines that a release will substantially endanger human health or the environment, the agency shall, not later than 30 minutes after making the determination, notify persons in the area in which the facility is located of the release using the alert system established under Subsection (d). When the agency determines a release is no longer a threat to human health or the environment, the agency shall notify persons using the alert system." Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB457.
HB 553, by Patterson, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB553.
HB 710, by Harrison, Relating to the recognition of occupational licenses and government certifications issued in other states; authorizing a fee. Filed 11/12/2024. Regardless of what the rules for a Board are, if an individual has a license in another state the Board must issue a license to them provided they meet the provisions of this particular statue. In addition, if a person does not have a license because their state does not require one, the Board must give them a license if they meet the Board's requirements. This would eliminate reciprocity to a degree. the Texas Board of Geoscientists does not have reciprocity with states that do not recognize our grandfathered licensees but other states would have their grandfathered individuals come in and practice. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB710.
HB 736, by Flores, Relating to certain procedures for civil suits brought by local governments or certain other persons for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality. Amends current law. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB736.
HB 859, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB859.
HB 866, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB866.
HB 1089, by Paul, Companion Bill SB795 (Identical), Relating to creation of the gulf coast protection account to be administered by the General Land Office. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1089.
HB 1145, by Morales Shaw, Relating to a study regarding the use of perfluoroalkyl and polyfluoroalkyl chemicals in hydraulic fracturing. Report by thy University of Houston, in collaboration the the Railroad Commission of Texas and the Texas Commision on Environmental Quality is to be submitted by December 1, 2026. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1145.
HB 1190, by Christina Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. "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 2027." Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1190.
HB 1237, by Guillen, Relating to the renewal by the Texas Commission on Environmental Quality of certain expired occupational licenses and registrations. "A person whose license or registration has been expired for at least 90 days but not more than one year may apply for renewal of the license or registration by paying to the commission a renewal fee in an amount prescribed by commission rule not to exceed two times the normally required renewal fee." Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1237.
HB 1238, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1238.
HB 1341, by Reynolds, Relating to establishment of maximum allowable ground level concentrations of hydrogen sulfide by the Texas Commission on Environmental Quality. Filed 11/14/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1341.
HB 1400, by Harris, Companion Bill SB718 (Identical). Relating to creation of the groundwater science, research, and innovation fund to be administered by the Texas Water Development Board. Filed 11/19/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1400.
HB 1412, by Allen, Relating to the location of certain public meetings for certain permits issued by the Texas Commission on Environmental Quality. "A public meeting requested under Subsection (a)(1) shall be held in the house district in which the facility or proposed facility is located or proposed to be located." Filed 11/19/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1412.
HB 1438, by Zwiener, Relating to climate change planning and reporting. "Not later than June 1, 2026, and before the end of each successive four-year period after that date, the Texas Commission on Environmental Quality and the office of the state climatologist shall prepare a report on the potential impact of climate change in this state." Filed 11/21/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1438.
HB 1523, by Gerdes, Relating to a prohibition on the authorization by the Texas Commission on Environmental Quality of the use of a Class V injection well for certain aquifer storage and recovery projects. Class V injection wells includes those wells used in insitu uranium recovery. Passage would eliminate the use of ISR in certain counties, esp. Goliad County. Acceptance of this bill could easily be expanded to eliminate all ISR facilities in Texas. Filed 12/5/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1523.
HB 1566, by Paterson, Companion bill HB 191 (Duplicate), Relating to the purchase of or acquisition of title to real property by certain foreign entities. Sales of properties or minerals in place to countries identified by the US Director of National Intelligence as on that poses a risk to US national security are prohibited. Filed 12/10/2024. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=89R&Bill=HB1566.
HB 1618, by Harris Davila, Companion Bill SB 616 (Identical), Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer. "The commission (TCEQ) by rule or permit may authorize...an aquifer storage and recovery project that includes an ASR injection well, as defined under Section 27.151, that transects the Edwards Aquifer in the area of Williamson County east of Interstate Highway 35 for the injection of water into a geologic formation that underlies the Edwards Aquifer." Filed 12/13/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1618.
HB 1633, by Gerdes, Companion Bill SB624 (Identical), Relating to the criteria considered by groundwater conservation districts before granting or denying a permit or permit amendment. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1633.
HB 1682, by Morales Shaw, Relating to the disposition and use of the state's portion of civil penalties recovered in suits brought by local governments for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1682.
HB 1808, by Landgraf, Relating to the regulation and management of produced water from oil and gas operations. To prevent pollution of surface water or subsurface water in the state, the Texas Railroad Commision shall adopt and enforce rules and orders and may issue permits relating to the recycling and beneficial use of produced water associated with oil and gas operations. Filed 1/9/2025. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1808.
HB 2246, by Cain, Relating to the terminology used in statute to refer to the partially landlocked body of water on the southeastern periphery of the North American continent. All Texas agencies, etc, shall refer to "Gulf of Mexico" as "Gulf of America". Filed 1/29/2025. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2246
HJR 27, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HJR27.
HJR 107, by Landraf, Proposing a constitutional amendment protecting the right to engage in the exploration for and production and export of oil, gas, and other minerals. Filed 1/3/2025. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HJR107.
SB 212, by West, Relating to certain public meetings and public hearings concerning permits issued by the Texas Commission on Environmental Quality. Mandates location of public meetings for permits. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB212.
SB 307, by Kolkhorst, Bettencourt, Hall, Middleton, Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Sales of properties or minerals in place to countries identified by the US Director of National Intelligence as on that poses a risk to US national security are prohibited. Filed 11/12/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB307.
SB 495, by Sparks, Relating to the authority of the Texas Department of Insurance to adopt rules that implement or are based on certain environmental, social, and governance models, ratings, or standards. Filed 11/22/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB495.
SB 561, by Eckhardt, Alvarado, Cook, Gutierrez, Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. Filed 12/10/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB561.
SB 616, by Schwertner, Companion Bill HB 1618 (Identical), Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer. "The commission (TCEQ) by rule or permit may authorize...an aquifer storage and recovery project that includes an ASR injection well, as defined under Section 27.151, that transects the Edwards Aquifer in the area of Williamson County east of Interstate Highway 35 for the injection of water into a geologic formation that underlies the Edwards Aquifer." Filed 12/13/2024. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB616.
SB 624, by Kolkhorst, Companion Bill HB 1633 (Identical), Relating to the criteria considered by groundwater conservation districts before granting or denying a permit or permit amendment. For more information go to: Texas Legislature Online - 89(R) History for SB 624.
SB 716, by Sparks, Relating to the issuance of an occupational license to certain out-of-state applicants. If an individual in another state holds a similar licence to one required in the State of Texas, the Texas Board must issue a license to them if they pay the required fee. This would eliminate reciprocity to a degree. Tthe Texas Board of Geoscientists is not one of the listed licences in this bill, but the Texas Board of Professional Engineers and Land Surveyors are. The TBPG could be listed if the bill is ever amended. Filed 1/6/2025. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB716.
SB 718, by Kolkhorst and Johnson, Companion Bill HB 1400 (Identical), Relating to creation of the groundwater science, research, and innovation fund to be administered by the Texas Water Development Board. Filed 1/6/2025. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB718.
SB 795, by Alvarado, Companion Bill HB1089 (Identical), Relating to the establishment of an advisory board to study surface water and groundwater interaction. Filed 1/15/2025. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB795
SB 976, by Eckhardt, Relating to the establishment of an advisory board to study surface water and groundwater interaction. Filed 1/29/2025. For More information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB976
Henry M. Wise, P.G.
The Wise Report
2/1/2025