The Wise Report
Henry M. Wise, P.G.
May 20, 2023
For those of you who deal with the removal of underground storage tanks, the TCEQ Construction Notification Form can now be submitted to the TCEQ via STEERS under Petroleum Storage Tank (PST) Registrations at: https://www3.tceq.texas.gov/steers/index.cfm
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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. * is sent to the Governor.
HB 57, by Zwiener, Talarico, and Moody, 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. 5/1/2023 Referred to Water, Agriculture & Rural Affairs. 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. 4/18/2023 Left pending in committee. 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." 3/2/2023 Referred to Environmental Regulation. 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." 3/2/2023 Referred to Natural Resources. 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. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby and Anderson, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, Keith Bell, Canales, Clardy, and Goldman, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/8/2023 Considered in Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
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. 5/4/2023 No action taken in committee. 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." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, Anchia, Eddi Morales, and Guerra, 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." 4/10/2023 Left pending in committee. 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. 4/24/2023 Committee report sent to Calendars. 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. 5/5/2023 Laid on the table subject to call. 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. 5/12/2023 Recommended for local & uncontested calendar For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 5/11/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, Buckley, and Rogers, SB 624, Identical, 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." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin and Walle, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin and Walle, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen and Lambert, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 5/18/2023 Vote taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/20/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 5/21/2023 Placed on intent calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 5/16/20203 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zwiener, Darby, and Eddie Morales, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, Lalani, and Price, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 5/2/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
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." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
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. 5/12/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst, Hughes, and Middleton, HB 3707, Identical, 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." 5/8/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, 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." 5/19/2023 Sent to the Governor. 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. 3/1/2023 Referred to Natural Resourcew & Economic Development. 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. 5/16/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
*SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/17/2023 House passage as amended reported. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/11/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 5/11/2023 Reported favorably wthout amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini and Blanco, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
5/20/2023