The Wise Report
Henry M. Wise, P.G.
February 16, 2019
The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (four new bills listed):
HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee. Filed 11/12/2018. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB223
HB 225, 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. Regulates fugitive emissions from all oil field equipment, the use of venting and flaring, etc. Filed 11/12/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB225
HB 245, by Farrar, Relating to a requirement to make certain environmental and water use permit applications available online. "The applicant shall post a copy of the application on a publicly accessible Internet website and provide to the commission the address of that website." Filed 11/12/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB245
HB 478, by Phelan, Relating to the funding of flood planning, mitigation, and infrastructure projects. Filed 12/6/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB478
HB 481, by Kuempel, identical to SB 520, Relating to the storage and recovery of water in a portion of the Edwards Aquifer. Filed 12/6/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB481
HB 720, by Larson, Relating to appropriations of water for use in aquifer storage and recovery projects. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB720
HB 721, by Larson, Relating to the duty of the Texas Water Development Board to conduct studies of and prepare and submit reports on aquifer storage and recovery. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB723
HB 724, by Larson, Relating to the authorization by the Texas Commission on Environmental Quality of the discharge, diversion, and transfer or other reuse of treated brackish groundwater and return flows derived from treated brackish groundwater. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB726
HB 801, by Walle, identical to SB 179. Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Filed 1/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801
HB 807, by Larson, Relating to the state and regional water planning process. Filed 1/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB807
HB 817, by Tracy O. King, identical to SB 655. Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas of the Edwards Aquifer. Filed 1/15/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB817
HB 893, 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." Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893
HB 907, by Huberty, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907
HB 908, by Huberty, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908
HB 909, by Huberty, Relating to best management practices for aggregate production operations. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909
HB 928, by Huberty, Relating to establishing the Texas Climate Change Mitigation and Adaptation Commission to study and address the impacts of climate change in this state. Sets up who's on the Commission. Interestingly, the TCEQ nor geologists are listed, although the TCEQ could be brought in, as needed, and a geologist could be chosen by one of the various groups listed. Filed 1/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928
HB 942, by Anchia, Relating to the creation and duties of the Global Climate Change Commission. Filed 1/22/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB942
HB 944, by Dutton, Relating to the posting of notice of intent to obtain a permit from the Texas Commission on Environmental Quality at the site of the facility or proposed facility for which the permit is sought. Filed 1/22/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB944
HB 990, by Gutierrez, identical to SB 515, Relating to a study by the Texas Water Development Board and the Texas Commission on Environmental Quality regarding the effects of the construction of a border wall on storm drainage and other environmental matters in this state. They will conduct a study on the effects of a border wall on storm drainage, water quality, environmental contamination, flooding, etc. Filed 1/23/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB990
HB 1010, by Paul, Relating to state and regional flood planning. By 9/1/2021, and before the end of each successive five-year period after that date the board shall prepare and adopt a state flood plan. Filed 1/23/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1010
HB 1044, by Zweiner, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. Filed 1/24/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1044
HB 1311, by Senfronia Thompson, identical to SB 609, Relating to the continuation and functions of the Texas Board of Professional Geoscientists. Filed 2/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1311
HB 1491, by Reynolds, identical to SB 609, Relating to the establishment of the Texas Environmental Justice Advisory Council. Filed 2/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1491
HB 1594, by Shine, Relating to a study by the Texas Water Development Board of groundwater availability in certain counties. Filed 2/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1594
HB 1617, by Larson, Relating to the deadline by which the Texas Water Development Board is required to identify and designate brackish groundwater production zones for certain areas of the state. "Not later than December 1, 2032, the Texas Water Development Board shall identify and designate brackish groundwater production zones for areas of this state not described by Subsection (a) of this section." Filed 2/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1617
HB 1868, by Lozano, Relating to the creation of the Texas Rural Water Advisory Council. Filed 2/15/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1868
HB 1904, by Larson, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Filed 2/15/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1904
SB 179, by Miles, identical to HB 801, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Referred to Water & Rural Affairs 2/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB179
SB 185, by Miles, Relating to the response to certain oil or gas well accidents by state agencies and responsible parties. An operator of an oil or gas well shall give immediate notice of a fire, leak, spill, or break at the well to the appropriate commission oil and gas division district office and submit to the commission a letter giving a full description of the event, including the volume of crude oil, gas, or other well liquids or gases lost. Referred to Natural Resources & Economic Development 2/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB185
SB 483, by Campbell and Zaffirini, identical to HB 1044, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. Received by the Secretary of the Senate 1/28/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB483
SB 515, by Rodriguez, identical to HB 990, Relating to a study by the Texas Water Development Board and the Texas Commission on Environmental Quality regarding the effects of the construction of a border wall on storm drainage and other environmental matters in this state. They will conduct a study on the effects of a border wall on storm drainage, water quality, environmental contamination, flooding, etc. Referred to Water & Rural Affairs 2/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB515
SB 520, by Campbell and Zaffirini, identical to HB 481, Relating to the storage and recovery of water in a portion of the Edwards Aquifer. Referred to Water & Rural Affairs 2/14/2019 https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB520
SB 609, by Watson, Birdwell, Buckingham, and Nichols, identical to HB 1311, Relating to the continuation and functions of the Texas Board of Professional Geoscientists. Filed 2/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB609
SB 655, by Flores, identical to HB 817, Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas of the Edwards Aquifer. Received by the Secretary of the Senate 2/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB655
SB 694, by Campbell, Relating to the regulation of aggregate production operations by the Texas Commission on Environmental Quality; increasing a fee; increasing administrative penalties. Received by the Secretary of the Senate 2/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB694
SB 724, by Perry, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Received by the Secretary of the Senate 2/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB724
Henry M. Wise, P.G.
The Wise Report
2/16/2019