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The Wise Report
Henry M. Wise, P.G.
April 13, 2019
The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 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. Referred to State Affairs, 2/19/2019. 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. Referred to Environmental Regulation, 2/19/2019. 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." Referred to Environmental Regulation, 2/19/2019. 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. Left pending in committee, 3/5/2019. 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. Committee report sent to Calendars 4/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB481
HB 720, by Larson and Guillen, Relating to appropriations of water for use in aquifer storage and recovery projects. Committee report sent to Calendars 4/12/2019. 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. Received from the House 4/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Committee report sent to Calendars 4/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, similar to SB 724, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Received from the House 4/11/2019. 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. Reported favorably to amendments 4/9/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. Placed on General State Calendar 4/15/2019. 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. Committee report filed with Committee Coordinator 4/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801
HB 807, by Larson, Relating to the state and regional water planning process. Referred to Water & Rural Affairs 4/4/2019. 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. Left pending in committee 3/12/2019. 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." Referred to environmental Regulaton, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893
HB 907, by Huberty, identical to SB 2123, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Scheduled for public hearing on 4/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907
HB 908, by Huberty, identical to SB 2125, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908
HB 909, by Huberty, identical to SB 2124, Relating to best management practices for aggregate production operations. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909
HB 928, by Anchia, Goodwin, Zwiener, Israel, 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. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928
HB 942, by Anchia, Goodwin, Zwiener, Cole, Chris Turner, Relating to the creation and duties of the Global Climate Change Commission. Referred to Environmental Regulations, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB944
HB 990, by Gutierrez, Canales, Martinez, Raymond, Guillen, Allen, Anchia, Beckley, Bernal, Blanco, Bowers, Bucy, Calanni, Cole, Coleman, Collier, Cortez, Davis, Yvonne, Deshotel, Dutton, Farrar, Fierro, Gervin-Hawkins, Jessica González, Mary González, Goodwin, Guerra, Hernandez, Herrero, Hinojosa, Howard, Israel, Jarvis Johnson, Julie Johnson, Tracy O. King, Longoria, Lopez, Lucio III, Martinez Fischer, Meza, Minjarez, Moody, Muñoz, Jr., Neave, Nevárez, Ortega, Pacheco, Perez, Ramos, Reynolds, Rodriguez, Romero, Jr., Rose, Rosenthal, Talarico, Thierry, Senfronia Thompson, Chris Turner, John Turner, Vo, Walle, Zwiener, 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. Left Pending in Committee 4/2/2019. 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. Referred to Natural Resources, 2/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1010
HB 1044, by Zwiener, Nevarez, Oliverson, Bucy, Cyrier, Dominguez, Goodwin, Ramos, Rodriguez, Rosenthal, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. For Williamson and Northern Travis counties. Committee reportfiled with Committee Coordinator 4/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1044
HB 1311, by Senfronia Thompson, Flynn, Lambert, Paddie, Nevarez, Watson, identical to SB 609, Relating to the continuation and functions of the Texas Board of Professional Geoscientists. Scheduled for public hearing on 4/16/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1311
HB 1491, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. Referred to Environmental Regulation, 2/27/2019. 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. Referred to Natural Resources, 3/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1594
HB 1617, by Larson, identical to SB 1041, 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." Considered in Calendars 3/27/2019. 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. Left pending in committee 4/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1868
HB 1904, by Larson, identical to SB 881, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Left pending in committee 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1904
HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Referred to Environmental Regulation, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1980
HB 2098, by Nevarez, 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 water quality in this state. Referred to Environmental Regulaton, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2098
HB 2203, by Miller, Zerwas, Reynolds, Stephenson, identical to SB 1885, Relating to notice of a radioactive substance release. "Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, a person who accidentally other law requiring confidentiality, a person who accidentally which the substance was released." Committee report distributed 4/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2203
HB 2238, by Hefner, identical to SB 978, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Left pending in committee 3/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2238
HB 2710, by Murr, identical to SB 2278, 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. Referred to Environmental Regulation, 3/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2710
HB 2771, by Lonzano, identical to SB 1585, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Placed on General State Calendar 4/16/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2771
HB 2871, by Biedermann, Relating to the regulation of certain aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses. Left pending in committee 4/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2871
HB 2942, by Guillen, Relating to the adoption and enforcement of reclamation standards for certain sand mining operations; authorizing a fee. Committee report sent to Local & Consent Calendar 4/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2942
HB 3023, by Mary Gonzalez, Relating to a study by Texas A&M University on the expected effects of future climate change in this state and the preparedness of this state to address those effects. Referred to Environmental Regulation, 3/13/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3023
HB 3264, by Buckley, identical to SB 1726, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Committee report sent to calendars 4/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3264
HB 3324, by Zweiner, Relating to groundwater impact contingency planning by pipeline operators. Left pending in committee 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3324
HB 3717, by Dominguez, identical to SB 1999, Relating to notice of a radioactive substance release. Scheduled for public hearing on 4/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3717
HB 3770, by Raymond, identical to SB 1496, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Natural Resources 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3770
HB 3798, by Biedermann, Relating to the regulation of and permit requirements for certain facilities that extract, produce, or process aggregates and of related facilities by the Texas Commission on Environmental Quality and the Railroad Commission of Texas; providing administrative penalties and other civil remedies; creating criminal offenses. Scheduled for public hearing on 4/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3798
HB 3805, by Paul, identical to SB 2394, Relating to reporting requirements for certain accidental discharges or spills. Referred to Environmental Regulaton 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3805
HB 3815, by Morrison, duplicate of HB 3839, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Left pending in committee 4/9/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3815
HB 3816, by Morrison, identical to SB 2387, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Scheduled for public hearing on 4/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3816
HB 3839, by Murphy, duplicate of HB 3815, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3839
HB 4380, by Herrero, Relating to the creation of the Environmental Task Force Advisory Committee. A geologist is not part of this Task Force Committee but an environmental engineer is. Scheduled for public hearing on 4/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4380
HB 4570, by Larson, Relating to establishing an advisory board to study surface water and groundwater interaction. Scheduled for public hearing on 4/9/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4570
HB 4599, by Blanco, Relating to the establishment and implementation by the Texas Commission on Environmental Quality of a program to reduce the emissions of greenhouse gases in this state; authorizing a fee. Referred to Environmental Regulation 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4599
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. Committee report printed and distributed 4/4/2019. 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. Committee report printed and distributed 4/4/2019. 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. Referred to Business& Commerce, 2/21/2019. 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. Referred to Water & Rural Affairs, 3/1/2019. 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. Referred to Natural Resources & Economic Development 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB694
SB 724, by Perry, similar to HB 723, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Water& Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB724
SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Referred to Natural Resources, 4/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB881
SB 978, by Hughes, identical to HB 2238, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB978
SB 1041, by Taylor, identical to HB 1617, 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. The new date is 12/1/2032. Placed on intent calendar 4/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1041
SB 1220, by Bettencourt, Hinojosa, Kolkhorst, Lucio, identical to HB 3815 and 3839, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Commerce, 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1220
SB 1496, by Zaffirini, identical to HB 3770, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1496
SB 1585, by Hughes, identical to HB 2771, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Left pending in committee 4/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1585
SB 1696, by Campbell, Relating to the regulation of aggregate production operations; requiring a permit; authorizing a fee. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1696
SB 1726, by Buckingham, identical to HB 3264, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1726
SB 1885, by Kolkhorst, identical to HB 2203, Relating to notice of a radioactive substance release. Referred to Natural Resources & Economic Development 3/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1885
SB 1999, by Hinojosa, identical to HB 3717, Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators. Referred to Natural Resources & Economic Development 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1999
SB 2064, by Menendez, Relating to methane gas reduction by The University of Texas System. Referred to Higher Education 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2064
SB 2123, by Creighton, Buckingham, identical to HB 907, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2123
SB 2124, by Creighton, Buckingham, identical to HB 908, Relating to best management practices for aggregate production operations. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2124
SB 2125, by Creighton, Buckingham, identical to HB 909, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2125
SB 2155, by Zaffirini, Relating to the retention of soil samples and records related to a permit for a municipal solid waste facility issued by the Texas Commission on Environmental Quality; creating an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2155
SB 2278, by Buckingham, identical to HB 2710, 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. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2278
SB 2385, by Miles, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2385
SB 2387, by Powell, identical to HB 3816, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2387
SB 2394, by Taylor, identical to HB 3805, Relating to reporting requirements for certain accidental discharges or spills. Referred to Water & Rural Affairs 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2394
Henry M. Wise, P.G.
The Wise Report
4/13/2019
The Wise Report
Henry M. Wise, P.G.
April 7, 2019
The Texas Commission on Environmental Quality (TCEQ) has released the following publications:
Screening Target Chemicals of Concern from PCL Development, RG-366/TRRP-14 (revised publication) - Describes a step-by-step process to screen target chemicals of concern from PCL development. Go to: http://www.tceq.texas.gov/assets/public/comm_exec/pubs/rg/rg-366-trrp-14.pdf
Texas Groundwater Protection Committee: Report to the 86th Legislature, SFR-047/18 (revised publication) - Committee's report describing its activities for the two preceding years and recommendations for groundwater protection. Go to: http://www.tceq.texas.gov/assets/public/comm_exec/pubs/sfr/047-18.pdf
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The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 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. Referred to State Affairs, 2/19/2019. 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. Referred to Environmental Regulation, 2/19/2019. 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." Referred to Environmental Regulation, 2/19/2019. 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. Left pending in committee, 3/5/2019. 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. Reported favorably as substituted 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB481
HB 720, by Larson and Guillen, Relating to appropriations of water for use in aquifer storage and recovery projects. Reported favorably as substituted 4/2/2019. 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. Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Reported favorably as substituted 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, similar to SB 724, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Placed on General State Calendar 4/9/2019. 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. Left pending in committee 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. Reported favorably as substituted 3/26/2019. 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. Committee report filed with Committee Coordinator 4/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801
HB 807, by Larson, Relating to the state and regional water planning process. Referred to Water & Rural Affairs 4/4/2019. 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. Left pending in committee 3/12/2019. 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." Referred to environmental Regulaton, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893
HB 907, by Huberty, identical to SB 2123, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907
HB 908, by Huberty, identical to SB 2125, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908
HB 909, by Huberty, identical to SB 2124, Relating to best management practices for aggregate production operations. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909
HB 928, by Anchia, Goodwin, Zwiener, Israel, 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. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928
HB 942, by Anchia, Goodwin, Zwiener, Cole, Chris Turner, Relating to the creation and duties of the Global Climate Change Commission. Referred to Environmental Regulations, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB944
HB 990, by Gutierrez, Canales, Martinez, Raymond, Guillen, Allen, Anchia, Beckley, Bernal, Blanco, Bowers, Bucy, Calanni, Cole, Coleman, Collier, Cortez, Davis, Yvonne, Deshotel, Dutton, Farrar, Fierro, Gervin-Hawkins, Jessica González, Mary González, Goodwin, Guerra, Hernandez, Herrero, Hinojosa, Howard, Israel, Jarvis Johnson, Julie Johnson, Tracy O. King, Longoria, Lopez, Lucio III, Martinez Fischer, Meza, Minjarez, Moody, Muñoz, Jr., Neave, Nevárez, Ortega, Pacheco, Perez, Ramos, Reynolds, Rodriguez, Romero, Jr., Rose, Rosenthal, Talarico, Thierry, Senfronia Thompson, Chris Turner, John Turner, Vo, Walle, Zwiener, 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. Left Pending in Committee 4/2/2019. 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. Referred to Natural Resources, 2/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1010
HB 1044, by Zweiner, Nevarez, Oliverson, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. For Williamson and Northern Travis counties. Reported favorably as substituted 3/26/2019. 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. Reported engrossed, 4/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1311
HB 1491, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. Referred to Environmental Regulation, 2/27/2019. 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. Referred to Natural Resources, 3/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1594
HB 1617, by Larson, identical to SB 1041, 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." Considered in Calendars 3/27/2019. 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. Left pending in committee 4/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1868
HB 1904, by Larson, identical to SB 881, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Left pending in committee 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1904
HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Referred to Environmental Regulation, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1980
HB 2098, by Nevarez, 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 water quality in this state. Referred to Environmental Regulaton, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2098
HB 2203, by Miller, Zerwas, Reynolds, Stephenson, identical to SB 1885, Relating to notice of a radioactive substance release. "Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, a person who accidentally other law requiring confidentiality, a person who accidentally which the substance was released." Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2203
HB 2238, by Hefner, identical to SB 978, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Left pending in committee 3/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2238
HB 2710, by Murr, identical to SB 2278, 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. Referred to Environmental Regulation, 3/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2710
HB 2771, by Lonzano, identical to SB 1585, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Reported favorably as substituted 4/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2771
HB 2871, by Biedermann, Relating to the regulation of certain aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses. Scheduled for public hearing on 4/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2871
HB 2942, by Guillen, Relating to the adoption and enforcement of reclamation standards for certain sand mining operations; authorizing a fee. Committee report filed with Committee Coordiantor 4/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2942
HB 3023, by Mary Gonzalez, Relating to a study by Texas A&M University on the expected effects of future climate change in this state and the preparedness of this state to address those effects. Referred to Environmental Regulation, 3/13/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3023
HB 3264, by Buckley, identical to SB 1726, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Reported favorably as substituted 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3264
HB 3324, by Zweiner, Relating to groundwater impact contingency planning by pipeline operators. Left pending in committee 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3324
HB 3717, by Dominguez, identical to SB 1999, Relating to notice of a radioactive substance release. Referred to Ways& Means 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3717
HB 3770, by Raymond, identical to SB 1496, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Natural Resources 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3770
HB 3798, by Biedermann, Relating to the regulation of and permit requirements for certain facilities that extract, produce, or process aggregates and of related facilities by the Texas Commission on Environmental Quality and the Railroad Commission of Texas; providing administrative penalties and other civil remedies; creating criminal offenses. Referred to Environmental Regulation 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3798
HB 3805, by Paul, identical to SB 2394, Relating to reporting requirements for certain accidental discharges or spills. Referred to Environmental Regulaton 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3805
HB 3815, by Morrison, duplicate of HB 3839, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3815
HB 3816, by Morrison, identical to SB 2387, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Environmental Regualation 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3816
HB 3839, by Murphy, duplicate of HB 3815, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3839
HB 4380, by Herrero, Relating to the creation of the Environmental Task Force Advisory Committee. A geologist is not part of this Task Force Committee but an environmental engineer is. Scheduled for public hearing on 4/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4380
HB 4570, by Larson, Relating to establishing an advisory board to study surface water and groundwater interaction. Scheduled for public hearing on 4/9/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4570
HB 4599, by Blanco, Relating to the establishment and implementation by the Texas Commission on Environmental Quality of a program to reduce the emissions of greenhouse gases in this state; authorizing a fee. Referred to Environmental Regulation 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4599
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. Committee report printed and distributed 4/4/2019. 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. Committee report printed and distributed 4/4/2019. 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. Referred to Business& Commerce, 2/21/2019. 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. Referred to Water & Rural Affairs, 3/1/2019. 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. Referred to Natural Resources & Economic Development 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB694
SB 724, by Perry, similar to HB 723, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Water& Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB724
SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Committee report printed and distributed 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB881
SB 978, by Hughes, identical to HB 2238, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB978
SB 1041, by Taylor, identical to HB 1617, 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. The new date is 12/1/2032. Placed on intent calendar 4/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1041
SB 1220, by Bettencourt, Hinojosa, Kolkhorst, Lucio, identical to HB 3815 and 3839, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Commerce, 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1220
SB 1496, by Zaffirini, identical to HB 3770, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1496
SB 1585, by Hughes, identical to HB 2771, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Referred to Natural Resources& Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1585
SB 1696, by Campbell, Relating to the regulation of aggregate production operations; requiring a permit; authorizing a fee. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1696
SB 1726, by Buckingham, identical to HB 3264, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1726
SB 1885, by Kolkhorst, identical to HB 2203, Relating to notice of a radioactive substance release. Referred to Natural Resources & Economic Development 3/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1885
SB 1999, by Hinojosa, identical to HB 3717, Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators. Referred to Natural Resources & Economic Development 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1999
SB 2064, by Menendez, Relating to methane gas reduction by The University of Texas System. Referred to Higher Education 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2064
SB 2123, by Creighton, Buckingham, identical to HB 907, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2123
SB 2124, by Creighton, Buckingham, identical to HB 908, Relating to best management practices for aggregate production operations. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2124
SB 2125, by Creighton, Buckingham, identical to HB 909, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2125
SB 2155, by Zaffirini, Relating to the retention of soil samples and records related to a permit for a municipal solid waste facility issued by the Texas Commission on Environmental Quality; creating an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2155
SB 2278, by Buckingham, identical to HB 2710, 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. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2278
SB 2385, by Miles, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2385
SB 2387, by Powell, identical to HB 3816, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2387
SB 2394, by Taylor, identical to HB 3805, Relating to reporting requirements for certain accidental discharges or spills. Referred to Water & Rural Affairs 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2394
Henry M. Wise, P.G.
The Wise Report
4/7/2019
The Wise Report
Henry M. Wise, P.G.
March 31, 2019
The Memoranda of Understanding (MOU) between the Texas Department of Transportation (TxDOT) and the Texas Commission of Environmental Quality (TCEQ) is under review, as required every five years. This MOU addresses the TCEQ's environmental reviews of TxDOT highway (transportation) projects. The updated MOU removes unnecessary definitions and simplifies the coordination process, so that coordination is only required on transportation projects that require environmental impact statements, supplemental environmental impact statements, or environmental assessments. The public comment period is April 12 to May 13, 2019. The public hearing date is anticipated to be May 9, 2019. For more information go to: https://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/...
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The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 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. Referred to State Affairs, 2/19/2019. 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. Referred to Environmental Regulation, 2/19/2019. 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." Referred to Environmental Regulation, 2/19/2019. 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. Left pending in committee, 3/5/2019. 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. Left pending in committee 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB481
HB 720, by Larson and Guillen, Relating to appropriations of water for use in aquifer storage and recovery projects. Left pending in committee 3/26/2019. 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. Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Left pending in committee 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, similar to SB 724, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Left pending in committee 3/26/2019. 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. Scheduled for public hearing on 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. Reported favorably as substituted 3/26/2019. 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. Referred to Natural Resources, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801
HB 807, by Larson, Relating to the state and regional water planning process. Placed on General State Calendar 4/1/2019. 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. Left pending in committee 3/12/2019. 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." Referred to environmental Regulaton, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893
HB 907, by Huberty, identical to SB 2123, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907
HB 908, by Huberty, identical to SB 2125, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908
HB 909, by Huberty, identical to SB 2124, Relating to best management practices for aggregate production operations. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909
HB 928, by Anchia, Goodwin, Zwiener, Israel, 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. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928
HB 942, by Anchia, Goodwin, Zwiener, Cole, Chris Turner, Relating to the creation and duties of the Global Climate Change Commission. Referred to Environmental Regulations, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. 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. Scheduled for public hearing on 4/2/2019. 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. Referred to Natural Resources, 2/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1010
HB 1044, by Zweiner, Nevarez, Oliverson, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. For Williamson and Northern Travis counties. Reported favorably as substituted 3/26/2019. 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. Considered in Calendars 3/27/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1311
HB 1491, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. Referred to Environmental Regulation, 2/27/2019. 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. Referred to Natural Resources, 3/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1594
HB 1617, by Larson, identical to SB 1041, 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." Considered in Calendars 3/27/2019. 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. Scheduled for public hearing on 4/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1868
HB 1904, by Larson, identical to SB 881, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Scheduled for public hearing on 4/2/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1904
HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Referred to Environmental Regulation, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1980
HB 2098, by Nevarez, 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 water quality in this state. Referred to Environmental Regulaton, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2098
HB 2203, by Miller, Zerwas, Reynolds, Stephenson, identical to SB 1885, Relating to notice of a radioactive substance release. "Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, a person who accidentally other law requiring confidentiality, a person who accidentally which the substance was released." Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2203
HB 2238, by Hefner, identical to SB 978, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Left pending in committee 3/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2238
HB 2710, by Murr, identical to SB 2278, 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. Referred to Environmental Regulation, 3/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2710
HB 2771, by Lonzano, identical to SB 1585, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Scheduled Reported favorably as substituted 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2771
HB 2871, by Biedermann, Relating to the regulation of certain aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses. Referred to Energy Resources, 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2871
HB 2942, by Guillen, Relating to the adoption and enforcement of reclamation standards for certain sand mining operations; authorizing a fee. Left pending in committee 3/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2942
HB 3023, by Mary Gonzalez, Relating to a study by Texas A&M University on the expected effects of future climate change in this state and the preparedness of this state to address those effects. Referred to Environmental Regulation, 3/13/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3023
HB 3264, by Buckley, identical to SB 1726, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Left pending in committee 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3264
HB 3324, by Zweiner, Relating to groundwater impact contingency planning by pipeline operators. Referred to Natural Resources 3/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3324
HB 3717, by Dominguez, identical to SB 1999, Relating to notice of a radioactive substance release. Referred to Ways& Means 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3717
HB 3770, by Raymond, identical to SB 1496, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Natural Resources 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3770
HB 3798, by Biedermann, Relating to the regulation of and permit requirements for certain facilities that extract, produce, or process aggregates and of related facilities by the Texas Commission on Environmental Quality and the Railroad Commission of Texas; providing administrative penalties and other civil remedies; creating criminal offenses. Referred to Environmental Regulation 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3798
HB 3805, by Paul, identical to SB 2394, Relating to reporting requirements for certain accidental discharges or spills. Referred to Environmental Regulaton 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3805
HB 3815, by Morrison, duplicate of HB 3839, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3815
HB 3816, by Morrison, identical to SB 2387, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Environmental Regualation 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3816
HB 3839, by Murphy, duplicate of HB 3815, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3839
HB 4380, by Herrero, Relating to the creation of the Environmental Task Force Advisory Committee. A geologist is not part of this Task Force Committee but an environmental engineer is. Referred to Energy Resources 3/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4380
HB 4570, by Larson, Relating to establishing an advisory board to study surface water and groundwater interaction. Referred to Energy Resources 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4570
HB 4599, by Blanco, Relating to the establishment and implementation by the Texas Commission on Environmental Quality of a program to reduce the emissions of greenhouse gases in this state; authorizing a fee. Referred to Environmental Regulation 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4599
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. Scheduled for public hearing on 4/1/2019. 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. Scheduled for public hearing on 4/1/2019. 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. Referred to Business& Commerce, 2/21/2019. 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. Referred to Water & Rural Affairs, 3/1/2019. 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. Referred to Natural Resources & Economic Development 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB694
SB 724, by Perry, similar to HB 723, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Water& Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB724
SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Committee report printed and distributed 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB881
SB 978, by Hughes, identical to HB 2238, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB978
SB 1041, by Taylor, identical to HB 1617, 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. The new date is 12/1/2032. Placed on intent calendar 4/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1041
SB 1220, by Bettencourt, Hinojosa, Kolkhorst, Lucio, identical to HB 3815 and 3839, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Commerce, 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1220
SB 1496, by Zaffirini, identical to HB 3770, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1496
SB 1585, by Hughes, identical to HB 2771, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1585
SB 1696, by Campbell, Relating to the regulation of aggregate production operations; requiring a permit; authorizing a fee. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1696
SB 1726, by Buckingham, identical to HB 3264, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1726
SB 1885, by Kolkhorst, identical to HB 2203, Relating to notice of a radioactive substance release. Referred to Natural Resources & Economic Development 3/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1885
SB 1999, by Hinojosa, identical to HB 3717, Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators. Referred to Natural Resources & Economic Development 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1999
SB 2064, by Menendez, Relating to methane gas reduction by The University of Texas System. Referred to Higher Education 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2064
SB 2123, by Creighton, Buckingham, identical to HB 907, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2123
SB 2124, by Creighton, Buckingham, identical to HB 908, Relating to best management practices for aggregate production operations. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2124
SB 2125, by Creighton, Buckingham, identical to HB 909, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2125
SB 2155, by Zaffirini, Relating to the retention of soil samples and records related to a permit for a municipal solid waste facility issued by the Texas Commission on Environmental Quality; creating an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2155
SB 2278, by Buckingham, identical to HB 2710, 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. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2278
SB 2385, by Miles, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2385
SB 2387, by Powell, identical to HB 3816, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2387
SB 2394, by Taylor, identical to HB 3805, Relating to reporting requirements for certain accidental discharges or spills. Referred to Water & Rural Affairs 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2394
Henry M. Wise, P.G.
The Wise Report
3/31/2019
The Wise Report
Henry M. Wise, P.G.
March 24, 2019
Effective March 22, 2019, the TCEQ PST Program has revised the Plan A Target Concentrations for Leaking Petroleum Storage Tank (LPST) releases. The new Target Concentrations for soil and groundwater reflect the PAH toxicity parameters, as revised by United States Environmental Protection Agency (US EPA) in March 2017 and the chemical/physical factors as posted by the Technical Support Section of the Remediation Division. The seven (7) affected PAH constituents are:
• Benz(a)anthracene
• Benzo(a)pyrene
• Benzo(b)fluoranthene
• Benzo(k)-fluoranthene
• Chrysene
• Dibenz(a,h)anthracene
• Indeno-1,2,3-cd-pyrene
The revised Plan A Target Concentrations apply target risk goals as established in the PST rules (Chapter 334, Subchapter G, Section 203.(1) (I) and (J)) and the methodologies developed in the regulatory guidance, Risk-Based Corrective Action for LPST Sites (RG-523/PST-03). All methodologies, default values, and exposure factors used in the equations are supported by ASTM standards (E-1739-95) and US EPA.
Revisions to the Plan A Target Concentration Table also correct calculation errors for the Construction Worker soil pathway for six (6 ) PAHs (Acenaphthylene, Acenaphthylene, Benz(g,h,j)perylene, Fluoranthene, Fluorene, and Pyrene) and address a typographical error on the Methyl tert-butyl ether value for Commercial/Industrial Irrigation Well.
Revisions to the Equations Used to Derive Plan A Target Concentrations for the Petroleum Storage Tank Program.
Revisions to the equations include Dermal Contact to the Construction Worker soil pathway and correct a typographical error for the Worker Soil Ingestion Rate (IRsw) value.
Revisions to the Toxicity Parameters and Chemical/Physical Properties for the Petroleum Storage Tank Program.
Toxicity Parameters and Chemical/Physical Properties along with the input data sheets have been revised to reflect the US EPA toxicity changes.
Revisions to the Action Level Table for the Petroleum Storage Tank Program.
Revisions to the Action Level Table include corrections to the following typographical errors: spelling of Benz(a)anthracene, o-and p-Xylene reference is removed and is now referred to as Total Xylenes; and a third significant digit (0) added to the Dibenz(a,h)anthracene value.
Tables and supporting information are available on the TCEQ webpage https://www.tceq.texas.gov/remediation/pst_rp/downloads.html
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The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 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. Referred to State Affairs, 2/19/2019. 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. Referred to Environmental Regulation, 2/19/2019. 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." Referred to Environmental Regulation, 2/19/2019. 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. Left pending in committee, 3/5/2019. 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. Scheduled for public hearing on 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB481
HB 720, by Larson and Guillen, Relating to appropriations of water for use in aquifer storage and recovery projects. Scheduled for public hearing on 3/26/2019. 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. Left pending in committee 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Scheduled for public hearing on 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, similar to SB 724, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Left pending in committee 3/19/2019. 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. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. Left pending in committee 3/19/2019. 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. Referred to Natural Resources, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801
HB 807, by Larson, Relating to the state and regional water planning process. Left pending in committee 3/19/2019. 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. Left pending in committee 3/12/2019. 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." Referred to environmental Regulaton, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893
HB 907, by Huberty, identical to SB 2123, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907
HB 908, by Huberty, identical to SB 2125, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908
HB 909, by Huberty, identical to SB 2124, Relating to best management practices for aggregate production operations. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909
HB 928, by Anchia, Goodwin, Zwiener, Israel, 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. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928
HB 942, by Anchia, Goodwin, Zwiener, Cole, Chris Turner, Relating to the creation and duties of the Global Climate Change Commission. Referred to Environmental Regulations, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. 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. Referred to Natural Resources, 2/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1010
HB 1044, by Zweiner, Nevarez, Oliverson, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. For Williamson and Northern Travis counties. Left Pending in Committee, 3/5/2019. 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. Committee report sent to Calendars 3/22/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1311
HB 1491, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. Referred to Environmental Regulation, 2/27/2019. 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. Referred to Natural Resources, 3/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1594
HB 1617, by Larson, identical to SB 1041, 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." Left pending in committee, 3/12/2019. 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. Referred to Agriculture & Livestock, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1868
HB 1904, by Larson, identical to SB 881, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Withdrawn from schedule, 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1904
HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Referred to Environmental Regulation, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1980
HB 2098, by Nevarez, 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 water quality in this state. Referred to Environmental Regulaton, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2098
HB 2203, by Miller, Zerwas, Reynolds, Stephenson, identical to SB 1885, Relating to notice of a radioactive substance release. "Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, a person who accidentally other law requiring confidentiality, a person who accidentally which the substance was released." Scheduled for public hearing on 3/20/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2203
HB 2238, by Hefner, identical to SB 978, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Scheduled for public hearing on 3/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2238
HB 2710, by Murr, identical to SB 2278, 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. Referred to Environmental Regulation, 3/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2710
HB 2771, by Lonzano, identical to SB 1585, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Scheduled for public hearing on 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2771
HB 2871, by Biedermann, Relating to the regulation of certain aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses. Referred to Energy Resources, 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2871
HB 2942, by Guillen, Relating to the adoption and enforcement of reclamation standards for certain sand mining operations; authorizing a fee. Scheduled for public hearing on 3/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2942
HB 3023, by Mary Gonzalez, Relating to a study by Texas A&M University on the expected effects of future climate change in this state and the preparedness of this state to address those effects. Referred to Environmental Regulation, 3/13/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3023
HB 3264, by Buckley, identical to SB 1726, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Scheduled for public hearing on 3/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3264
HB 3324, by Zweiner, Relating to groundwater impact contingency planning by pipeline operators. Referred to Natural Resources 3/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3324
HB 3717, by Dominguez, identical to SB 1999, Relating to notice of a radioactive substance release. Referred to Ways & Means 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3717
HB 3770, by Raymond, identical to SB 1496, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Natural Resources 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3770
HB 3798, by Biedermann, Relating to the regulation of and permit requirements for certain facilities that extract, produce, or process aggregates and of related facilities by the Texas Commission on Environmental Quality and the Railroad Commission of Texas; providing administrative penalties and other civil remedies; creating criminal offenses. Referred to Environmental Regulation 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3798
HB 3805, by Paul, identical to SB 2394, Relating to reporting requirements for certain accidental discharges or spills. Referred to Environmental Regulaton 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3805
HB 3815, by Morrison, duplicate of HB 3839, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3815
HB 3816, by Morrison, identical to SB 2387, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Environmental Regualation 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3816
HB 3839, by Murphy, duplicate of HB 3815, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Industry 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3839
HB 4380, by Herrero, Relating to the creation of the Environmental Task Force Advisory Committee. A geologist is not part of this Task Force Committee but an environmental engineer is. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4380
HB 4570, by Larson, Relating to establishing an advisory board to study surface water and groundwater interaction. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4570
HB 4599, by Blanco, Relating to the establishment and implementation by the Texas Commission on Environmental Quality of a program to reduce the emissions of greenhouse gases in this state; authorizing a fee. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4599
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. Referred to Water & Rural Affairs 2/14/2019. 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. Referred to Business& Commerce, 2/21/2019. 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. Referred to Water & Rural Affairs, 3/1/2019. 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. Referred to Natural Resources & Economic Development 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB694
SB 724, by Perry, similar to HB 723, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Water& Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB724
SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Considered in Public hearing 3/20/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB881
SB 978, by Hughes, identical to HB 2238, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB978
SB 1041, by Taylor, identical to HB 1617, 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. The new date is 12/1/2032. Committee report printed and distributed 3/20/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1041
SB 1220, by Bettencourt, Hinojosa, Kolkhorst, Lucio, identical to HB 3815 and 3839, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Commerce, 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1220
SB 1496, by Zaffirini, identical to HB 3770, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1496
SB 1585, by Hughes, identical to HB 2771, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1585
SB 1696, by Campbell, Relating to the regulation of aggregate production operations; requiring a permit; authorizing a fee. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1696
SB 1726, by Buckingham, identical to HB 3264, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1726
SB 1885, by Kolkhorst, identical to HB 2203, Relating to notice of a radioactive substance release. Referred to Natural Resources & Economic Development 3/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1885
SB 1999, by Hinojosa, identical to HB 3717, Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators. Referred to Natural Resources & Economic Development 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1999
SB 2064, by Menendez, Relating to methane gas reduction by The University of Texas System. Referred to Higher Education 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2064
SB 2123, by Creighton, Buckingham, identical to HB 907, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2123
SB 2124, by Creighton, Buckingham, identical to HB 908, Relating to best management practices for aggregate production operations. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2124
SB 2125, by Creighton, Buckingham, identical to HB 909, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2125
SB 2155, by Zaffirini, Relating to the retention of soil samples and records related to a permit for a municipal solid waste facility issued by the Texas Commission on Environmental Quality; creating an administrative penalty. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2155
SB 2278, by Buckingham, identical to HB 2710, 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. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2278
SB 2385, by Miles, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2385
SB 2387, by Powell, identical to HB 3816, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Referred to Natural Resources & Economic Development 3/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2387
SB 2394, by Taylor, identical to HB 3805, Relating to reporting requirements for certain accidental discharges or spills. Referred to Water & Rural Affairs. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2394
Henry M. Wise, P.G.
The Wise Report
3/24/2019
The Wise Report
Henry M. Wise, P.G.
March 16, 2019
The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 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. Referred to State Affairs, 2/19/2019. 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. Referred to Environmental Regulation, 2/19/2019. 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." Referred to Environmental Regulation, 2/19/2019. 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. Left pending in committee, 3/5/2019. 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. Referred to Natural Resources, 2/20/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB481
HB 720, by Larson and Guillen, Relating to appropriations of water for use in aquifer storage and recovery projects. Referred to Natural Resources, 2/21/2019. 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. Scheduled for public hearing on 3/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, similar to SB 724, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Scheduled for public hearing on 3/19/2019. 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. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. Scheduled for public hearing on 3/19/2019. 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. Referred to Natural Resources, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801
HB 807, by Larson, Relating to the state and regional water planning process. Left pending in committee, 3/12/2019. 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. Left pending in committee 3/12/2019. 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." Referred to environmental Regulaton, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893
HB 907, by Huberty, identical to SB 2123, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907
HB 908, by Huberty, identical to SB 2125, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908
HB 909, by Huberty, identical to SB 2124, Relating to best management practices for aggregate production operations. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909
HB 928, by Anchia, Goodwin, Zwiener, Israel, 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. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928
HB 942, by Anchia, Goodwin, Zwiener, Cole, Chris Turner, Relating to the creation and duties of the Global Climate Change Commission. Referred to Environmental Regulations, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. 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. Referred to Natural Resources, 2/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1010
HB 1044, by Zweiner, Nevarez, Oliverson, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. For Williamson and Northern Travis counties. Left Pending in Committee, 3/5/2019. 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. Left pending in committee, 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1311
HB 1491, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. Referred to Environmental Regulation, 2/27/2019. 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. Referred to Natural Resources, 3/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1594
HB 1617, by Larson, identical to SB 1041, 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." Left pending in committee, 3/12/2019. 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. Referred to Agriculture & Livestock, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1868
HB 1904, by Larson, identical to SB 881, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Withdrawn from schedule, 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1904
HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Referred to Environmental Regulation, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1980
HB 2098, by Nevarez, 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 water quality in this state. Referred to Environmental Regulaton, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2098
HB 2203, by Miller, Zerwas, Reynolds, Stephenson, identical to SB 1885, Relating to notice of a radioactive substance release. "Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, a person who accidentally other law requiring confidentiality, a person who accidentally which the substance was released." Scheduled for public hearing on 3/20/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2203
HB 2238, by Hefner, identical to SB 978, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Referred to House Administration, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2238
HB 2710, by Murr, identical to SB 2278, 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. Referred to Environmental Regulation, 3/11/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2710
HB 2771, by Lonzano, identical to SB 1585, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Referred to Environmental Regulation , 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2771
HB 2871, by Biedermann, Relating to the regulation of certain aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses. Referred to Energy Resources, 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2871
HB 2942, by Guillen, Relating to the adoption and enforcement of reclamation standards for certain sand mining operations; authorizing a fee. Referred to Energy Resources, 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2942
HB 3023, by Mary Gonzalez, Relating to a study by Texas A&M University on the expected effects of future climate change in this state and the preparedness of this state to address those effects. Referred to Environmental Regulation, 3/13/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3023
HB 3264, by Buckley, identical to SB 1726, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Referred to Natural Resources, 3/13/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3264
HB 3324, by Zweiner, Relating to groundwater impact contingency planning by pipeline operators. Filed 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3324
HB 3717, by Dominguez, identical to SB 1999, Relating to notice of a radioactive substance release. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3717
HB 3770, by Raymond, identical to SB 1496, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3770
HB 3798, by Biedermann, Relating to the regulation of and permit requirements for certain facilities that extract, produce, or process aggregates and of related facilities by the Texas Commission on Environmental Quality and the Railroad Commission of Texas; providing administrative penalties and other civil remedies; creating criminal offenses. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3798
HB 3805, by Paul, identical to SB 2394, Relating to reporting requirements for certain accidental discharges or spills. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3805
HB 3815, by Morrison, duplicate of HB 3839, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3815
HB 3816, by Morrison, identical to SB 2387, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3816
HB 3839, by Murphy, duplicate of HB 3815, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3839
HB 4380, by Herrero, Relating to the creation of the Environmental Task Force Advisory Committee. A geologist is not part of this Task Force Committee but an environmental engineer is. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4380
HB 4570, by Larson, Relating to establishing an advisory board to study surface water and groundwater interaction. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4570
HB 4599, by Blanco, Relating to the establishment and implementation by the Texas Commission on Environmental Quality of a program to reduce the emissions of greenhouse gases in this state; authorizing a fee. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4599
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. Referred to Water & Rural Affairs 2/14/2019. 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. Referred to Business& Commerce, 2/21/2019. 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. Referred to Water & Rural Affairs, 3/1/2019. 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. Referred to Natural Resources & Economic Development 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB694
SB 724, by Perry, similar to HB 723, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB724
SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Referred Left pending in committee, 3/13/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB881
SB 978, by Hughes, identical to HB 2238, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB978
SB 1041, by Taylor, identical to HB 1617, 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. The new date is 12/1/2032. Scheduled for public hearing on 3/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1041
SB 1220, by Bettencourt, Hinojosa, Kolkhorst, Lucio, identical to HB 3815 and 3839, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Commerce, 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1220
SB 1496, by Zaffirini, identical to HB 3770, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1496
SB 1585, by Hughes, identical to HB 2771, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1585
SB 1696, by Campbell, Relating to the regulation of aggregate production operations; requiring a permit; authorizing a fee. Referred to Natural Resources & Economic Development, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1696
SB 1726, by Buckingham, identical to HB 3264, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Referred to Water & Rural Affairs, 3/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1726
SB 1885, by Kolkhorst, identical to HB 2203, Relating to notice of a radioactive substance release. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1885
SB 1999, by Hinojosa, identical to HB 3717, Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1999
SB 2064, by Menendez, Relating to methane gas reduction by The University of Texas System. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2064
SB 2123, by Creighton, Buckingham, identical to HB 907, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2123
SB 2124, by Creighton, Buckingham, identical to HB 908, Relating to best management practices for aggregate production operations. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2124
SB 2125, by Creighton, Buckingham, identical to HB 909, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2125
SB 2155, by Zaffirini, Relating to the retention of soil samples and records related to a permit for a municipal solid waste facility issued by the Texas Commission on Environmental Quality; creating an administrative penalty. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2155
SB 2278, by Buckingham, identical to HB 2710, 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 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2278
SB 2385, by Miles, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2385
SB 2387, by Powell, identical to HB 3816, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2387
SB 2394, by Taylor, identical to HB 3805, Relating to reporting requirements for certain accidental discharges or spills. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2394
Henry M. Wise, P.G.
The Wise Report
3/16/2019
The Wise Report
Henry M. Wise, P.G.
March 10, 2019
The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (34 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. Referred to State Affairs, 2/19/2019. 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. Referred to Environmental Regulation, 2/19/2019. 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." Referred to Environmental Regulation, 2/19/2019. 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. Left pending in committee, 3/5/2019. 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. Referred to Natural Resources, 2/20/2019. 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. Referred to Natural Resources, 2/20/2019. 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. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, similar to SB 724, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Natural Resources, 2/21/2019. 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. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. No action taken in committee, 3/53/2019. 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. Referred to Natural Resources, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801
HB 807, by Larson, Relating to the state and regional water planning process. Scheduled for public Hearing on 3/12/2019. 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. Scheduled for public Hearing on 3/12/2019. 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." Referred to environmental Regulaton, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893
HB 907, by Huberty, identical to SB 2123, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907
HB 908, by Huberty, identical to SB 2125, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Referred to Environmental Regulation 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908
HB 909, by Huberty, identical to SB 2124, Relating to best management practices for aggregate production operations. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909
HB 928, by Anchia, Goodwin, Zwiener, Israel, 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. Referred to Environmental Regulation, 2/25/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928
HB 942, by Anchia, Goodwin, Zwiener, Cole, Chris Turner, Relating to the creation and duties of the Global Climate Change Commission. Referred to Environmental Regulations, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. 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. Referred to Environmental Regulaton, 2/25/2019. 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. Referred to Natural Resources, 2/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1010
HB 1044, by Zweiner, Nevarez, Oliverson, identical to SB 483, Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer. For Williamson and Northern Travis counties. Left Pending in Committee, 3/5/2019. 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. Scheduled for Public Hearing on 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1311
HB 1491, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. Referred to Environmental Regulation, 2/27/2019. 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. Referred to Natural Resources, 3/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1594
HB 1617, by Larson, identical to SB 1041, 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." Scheduled for public Hearing on 3/12/2019. 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. Referred to Agriculture & Livestock, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1868
HB 1904, by Larson, identical to SB 881, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Scheduled for public Hearing on 3/12/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1904
HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Referred to Environmental Regulation, 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1980
HB 2098, by Nevarez, 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 water quality in this state. Referred to Environmental Regulaton, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2098
HB 2203, by Miller, Zerwas, Reynolds, Stephenson, identical to SB 1885, Relating to notice of a radioactive substance release. "Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, a person who accidentally other law requiring confidentiality, a person who accidentally which the substance was released." Referred to Environmental Regulation, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2203
HB 2238, by Hefner, identical to SB 978, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Referred to House Administration, 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2238
HB 2710, by Murr, identical to SB 2278, 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 2/28/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2710
HB 2771, by Lonzano, identical to SB 1585, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Filed 2/28/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2771
HB 2871, by Biedermann, Relating to the regulation of certain aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses. Filed 3/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2871
HB 2942, by Guillen, Relating to the adoption and enforcement of reclamation standards for certain sand mining operations; authorizing a fee. Filed 3/4/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2942
HB 3023, by Mary Gonzalez, Relating to a study by Texas A&M University on the expected effects of future climate change in this state and the preparedness of this state to address those effects. Filed 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3023
HB 3264, by Buckley, identical to SB 1726, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Filed 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3264
HB 3324, by Zweiner, Relating to groundwater impact contingency planning by pipeline operators. Filed 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3324
HB 3717, by Dominguez, identical to SB 1999, Relating to notice of a radioactive substance release. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3717
HB 3770, by Raymond, identical to SB 1496, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3770
HB 3798, by Biedermann, Relating to the regulation of and permit requirements for certain facilities that extract, produce, or process aggregates and of related facilities by the Texas Commission on Environmental Quality and the Railroad Commission of Texas; providing administrative penalties and other civil remedies; creating criminal offenses. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3798
HB 3805, by Paul, identical to SB 2394, Relating to reporting requirements for certain accidental discharges or spills. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3805
HB 3815, by Morrison, duplicate of HB 3839, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3815
HB 3816, by Morrison, identical to SB 2387, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3816
HB 3839, by Murphy, duplicate of HB 3815, identical to SB 1220, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB3839
HB 4380, by Herrero, Relating to the creation of the Environmental Task Force Advisory Committee. A geologist is not part of this Task Force Committee but an environmental engineer is. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4380
HB 4570, by Larson, Relating to establishing an advisory board to study surface water and groundwater interaction. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4570
HB 4599, by Blanco, Relating to the establishment and implementation by the Texas Commission on Environmental Quality of a program to reduce the emissions of greenhouse gases in this state; authorizing a fee. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB4599
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. Referred to Water & Rural Affairs 2/14/2019. 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. Referred to Business & Commerce, 2/21/2019. 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. Referred to Water & Rural Affairs, 3/1/2019. 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. Referred to Natural Resources & Economic Development 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB694
SB 724, by Perry, similar to HB 723, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB724
SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Referred to Veteran Affairs & Border Security, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB881
SB 978, by Hughes, identical to HB 2238, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Referred to Water & Rural Affairs, 3/1/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB978
SB 1041, by Taylor, identical to HB 1617, 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. The new date is 12/1/2032. Referred to Water & Rural Affairs, 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1041
SB 1220, by Bettencourt, Hinojosa, Kolkhorst, Lucio, identical to HB 3815 and 3839, Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats. Referred to Business & Commerce, 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1220
SB 1496, by Zaffirini, identical to HB 3770, Relating to a pilot project conducted by the Texas Water Development Board regarding the real-time monitoring of the inundation and water quality of certain portions of the Rio Grande. Filed 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1496
SB 1585, by Hughes, identical to HB 2771, Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the discharge into water of this state of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities. Filed 3/5/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1585
SB 1696, by Campbell, Relating to the regulation of aggregate production operations; requiring a permit; authorizing a fee. Filed 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1696
SB 1726, by Buckingham, identical to HB 3264, Relating to a study by the Texas Water Development Board of groundwater conditions in certain counties. Filed 3/6/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1726
SB 1885, by Kolkhorst, identical to HB 2203, Relating to notice of a radioactive substance release. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1885
SB 1999, by Hinojosa, identical to HB 3717, Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB1999
SB 2064, by Menendez, Relating to methane gas reduction by The University of Texas System. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2064
SB 2123, by Creighton, Buckingham, identical to HB 907, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2123
SB 2124, by Creighton, Buckingham, identical to HB 908, Relating to best management practices for aggregate production operations. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2124
SB 2125, by Creighton, Buckingham, identical to HB 909, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Filed 3/7/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2125
SB 2155, by Zaffirini, Relating to the retention of soil samples and records related to a permit for a municipal solid waste facility issued by the Texas Commission on Environmental Quality; creating an administrative penalty. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2155
SB 2278, by Buckingham, identical to HB 2710, 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 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2278
SB 2385, by Miles, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2385
SB 2387, by Powell, identical to HB 3816, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2387
SB 2394, by Taylor, identical to HB 3805, Relating to reporting requirements for certain accidental discharges or spills. Filed 3/8/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB2394
Henry M. Wise, P.G.
The Wise Report
3/10/2019
The Wise Report
Henry M. Wise, P.G.
February 24, 2019
The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (six 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. Referred to State Affairs, 2/19/2019. 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. Referred to Environmental Regulation, 2/19/2019. 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." Referred to Environmental Regulation, 2/19/2019. 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. Referred to Natural Resources, 2/20/2019. 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. Referred to Natural Resources, 2/20/2019. 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. Referred to Natural Resources, 2/20/2019. 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. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, similar to SB 724, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Referred to Natural Resources, 2/21/2019. 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. Referred to Natural Resources, 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. Referred to Natural Resources, 2/21/2019. 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
HB 1980, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.. Filed 2/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB1980
HB 2098, by Nevarez, 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 water quality in this state. Filed 2/20/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2098
HB 2203, by Miller, Relating to notice of a radioactive substance release. "Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, a person who accidentally other law requiring confidentiality, a person who accidentally which the substance was released." Filed 2/20/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2203
HB 2238, by Hefner, identical to SB 978, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply. Filed 2/22/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB2238
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. Referred to Water & Rural Affairs 2/14/2019. 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. Referred to Business & Commerce, 2/21/2019. 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
SB 881, by Campbell, identical to HB 1904, Relating to withdrawals of water from the Edwards Aquifer to supply a military installation. Filed 2/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB881
SB 978, by Hughes, identical to HB 2238, Relating to a study of the feasibility of converting quarries and surface mine pits for use as water storage reservoirs to enhance this state's available water supply.. Filed 2/21/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB978
Henry M. Wise, P.G.
The Wise Report
2/24/2019
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
The Wise Report
Henry M. Wise, P.G.
February 9, 2019
The Remediation Division of the Texas Commission on Environmental Quality (TCEQ) is in the process of transitioning to electronic record keeping with the Central File Room. Therefore, paper documents submitted to the programs should include electronic copies of all submittals (on disc or USB flash drive). The electronic and hard copies should be identical, complete copies. Electronic records should be unlocked/unencrypted in order for protected personally identifiable information (PII) or confidential information to be redacted from electronic documents prior to being made publicly available for viewing.
A Correspondence ID Form (TCEQ Form 20428) must accompany each document submitted to the Remediation Division, and should be affixed to the front of your submittal. The Correspondence ID Form helps ensure that your documents are identified correctly and are routed to the applicable program for a timely response.
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The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (seven 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
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. Received by the Secretary of the Senate 1/29/2019. 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. Received by the Secretary of the Senate 1/29/2019. 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
2/9/2019
The Wise Report
Henry M. Wise, P.G.
February 2, 2019
The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (three 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 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
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. Received by the Secretary of the Senate 11/14/2018. 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. Received by the Secretary of the Senate 11/14/2018. 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. Received by the Secretary of the Senate 1/29/2019. 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. Received by the Secretary of the Senate 1/29/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB520
Henry M. Wise, P.G.
The Wise Report
2/2/2019
Arch Helton
1928-2019
Arch Wesley Helton was born in 1928 and died on January 27, 2019.
Arch graduated from the University of Houston in 1957 with a degree in Geology. He was a member of the Houston Geological Society and the Houston Association of Professional Landmen. He founded and operated two successful companies for over 50 years. He was known for his sense of humor and love of life. He enjoyed fishing, gardening and especially growing orchids. He is survived by his wife of 62 years Antoinette, their two children and three grandchildren.
Summarized from Life Tributes published in Houston Chronicle on Jan. 30, 2019
1950-2019
John Lawrence Boone was born in Charleston, South Carolina in 1950 and died of metastatic prostate cancer* on Wednesday, January 9,2019 at his home in Houston. He earned a BS degree in 1973 and a MA degrees in geology in 1975 from the University of Texas, which led to careers in petroleum geology and hydrogeology. His keen mind led him to constantly read about discoveries and theories about the Earth's formation, its secrets, its resources, and the geology of places beyond Earth.
After graduation, his oil and gas career began at Getty Oil Company in Houston. He relocated to Corpus Christi where he worked for TXO Production Co., Tondu Corporation, and Everest Minerals. In 1986, the price of oil fell from around $30 per barrel to $10 per barrel. At this point, John changed the focus of his career to hydrogeological and environmental assessment at Conoco, Inc. GSI, RMT, ERM and Arcadis U.S., Inc. He was a past member of the American Association of Petroleum Geologists, the Corpus Christi Geological Society, the Houston Geological Society and the National Groundwater Association. John joined HGS in 1994.
He was passionate about history – from the Greeks and Romans to the Franco Prussian wars to World War II to Vietnam to today's tumultuous climate. He understood history and put it into the context of today's events. John was a man of many talents and interests. He piloted his V-tailed Bonanza, sailed, rode horses, bicycles and motorcycles, played classical guitar, ran, skied, wind-surfed, kayaked, canoed, hiked, worked out, played tennis and was an all-around handy-man. John was a voracious reader of autobiographies, military history and history in general, politics, finance and geology books and publications. For many years, he and his wife, Marta, regularly attended performances presented by Chamber Music Houston, as well as those by the Houston Symphony and Austin Classical Guitar Society.
He is survived by his wife of 33 years, Marta and their daughter and son.
*Marta has a final request:
“Men, please have your PSA level checked regularly, for your and your family's sake.”
This Remembrance was summarized from a very extensive Life Tributes, published in Houston Chronicle on Jan. 27, 2019
1931-2018
Bill was born June 23, 1931 in Weatherford, Texas. From the time he was a kid he had an interest in show business. While first attending Texas Christian University, he enjoyed performing with a friend in a duet act. He continued singing, mainly for weddings and church solos. He eventually pursued a major in his favorite subject, geology. Bill attended UCLA and received a BS degree in geology in 1957 and a MA in geology in 1960. He worked 13 years as a geologist for Atlantic Richfield in Los Angeles from which he moved to Houston. Beginning in 1973 and for a decade Bill worked for Anadarko Petroleum Company where he headed Anadarko’s offshore division from its inception. From 1983 to 1996 he served in an executive capacity for companies including Mesa Petroleum Corporation, Hunt Oil Company, Sandefer Offshore Company and Midcon Offshore. As a 39-year veteran in the petroleum exploration and production industry, the Offshore Gulf of Mexico was his principal focus, with other areas of expertise including Gulf Coast Onshore, California, Alaska and the Rocky Mountains. Bill joined HGS in 2008.
He is survived by his wife of 63 years, Nancy, and their three children and spouses.
This Remembrance was summarized from the Life Tribute section in the January 27, 2019 Houston Chronicle.
The Wise Report
Henry M. Wise, P.G.
January 26, 2019
The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (five 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, 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, 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 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, 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, 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
SB 179, by Miles, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Received by the Secretary of the Senate 11/14/2018. 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. Received by the Secretary of the Senate 11/14/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB185
Henry M. Wise, P.G.
The Wise Report
1/26/2019
Peter Cornay Smith
1928-2019
Peter Cornay Smith was born in New Orleans, Louisiana on June 6, 1928, and died on Wednesday, January 9, 2019.
He received his undergraduate degree in Geology from Tulane University in 1949 and a Master's in Geology from LSU in 1952. Peter spent his entire 33-year career with one company, Stanolind, which later became Pan American Petroleum, and thereafter Amoco (now BP). He began his career in New Orleans in 1953, as a Gulf Coast Geologist. In 1958, Peter relocated to Houston, where he spent the rest of his career. Peter joined HGS in 1959.
Pete is survived by his wife of 67 years, Hathaway "Frances", and his five children and their families.
Published in Houston Chronicle on Jan. 13, 2019
The Wise Report
Henry M. Wise, P.G.
January 19, 2019
The Texas Commission on Environmental Quality (TCEQ), Remediation Division has released a revised version of the Texas Risk Reduction Program (TRRP) guidance document, Screening Target COCs from PCL Development (RG-366/TRRP-14), dated January 2019. This document was updated to make it consistent with the 2007 and 2009 updates to the TRRP rule and to make it fully accessible.
You can access TRRP-14 using the link: https://www.tceq.texas.gov/assets/public/comm_exec/pubs/rg/rg-366-trrp-14.pdf
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The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (seven 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, 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, 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 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
SB 179, by Miles, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Received by the Secretary of the Senate 11/14/2018. 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. Received by the Secretary of the Senate 11/14/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB185
Henry M. Wise, P.G.
The Wise Report
1/19/2019
The Wise Report
Henry M. Wise, P.G.
January 12, 2019
The Texas Commission on Environmental Quality (TCEQ) has released the following new and revised publications:
Texas Groundwater Protection Strategy, AS-188 (revised publication)
A comprehensive groundwater protection strategy for the state of Texas that provides guidelines for the prevention of contamination, the conservation of groundwater, and the coordination of activities of the agencies involved. https://www.tceq.texas.gov/assets/public/comm_exec/pubs/as/188.pdf
Dry Cleaning Activities: Report to the 86th Texas Legislature (2017-1018), SFR-083/18 (new publication)
Report on the collection of funds, disbursements from the fund, the extent of corrective action, and site rankings. https://www.tceq.texas.gov/assets/public/comm_exec/pubs/sfr/083-18.pdf
Status of Corrective Action at Petroleum-contaminated Sites, SFR-113/18 (new publication)
A compilation of data reported during all quarters in the fiscal year for all Key and Non-Key Outcome, Output, Efficiency, and Explanatory Performance Measures for the TCEQ. https://www.tceq.texas.gov/assets/public/comm_exec/pubs/sfr/113-18.pdf
Activities and Recommendations of the Texas Groundater Protection committee – Report to the 86th Legislature
This report describes the Texas Groundwater Protection Committee (TGPC) activities during 2017 and 2018, discusses selected groundwater protection issues, and provides recommendations to improve groundwater protection for the 86th Texas Legislature’s consideration. https://www.tceq.texas.gov/assets/public/comm_exec/pubs/sfr/047-18.pdf
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The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (six 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, 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
SB 179, by Miles, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Received by the Secretary of the Senate 11/14/2018. 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. Received by the Secretary of the Senate 11/14/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB185
Henry M. Wise, P.G.
The Wise Report
1/12/2019
The Wise Report
Henry M. Wise, P.G.
December 23, 2018
The Railroad Commission of Texas has released its 2018 Year in Review highlighting the regulatory agency's accomplishments during the past year. The Year in Review reflects significant milestones, exciting changes and a continuing commitment to protecting public safety and our natural resources while maintaining a strong regulatory environment.
During 2018, the Commission conducted hundreds of thousands of inspections, assessed more than $9.2 million in fines on 3,475 enforcement dockets, continued Information Technology modernization efforts, surpassed key legislative performance measures and increased staff training. The 2018 Year in Review details these accomplishments and includes video, photos, infographics and links to additional information. The Year in Review can be found at: https://issuu.com/txrrc/docs/railroad-commission-yir2018_7580ddf7e37a9a?....
Henry M. Wise, P.G.
The Wise Report
12/23/2018
The Wise Report
Henry M. Wise, P.G.
December 15, 2018
The Texas Commission on Environmental Quality (TCEQ) proposes amending the Texas Water Code (TWC), §28A.001(1) to add a new exemption to the list of existing exemptions in the definition of "Aggregate production operation" (APO). The exemption applies to a site at which specialty or terrazzo-type stone is removed or extracted from the earth, the material is produced for commercial sale and used exclusively for decorative or artistic uses, and the horizon that is exposed for current production does not exceed five acres. This amendment implements House Bill (HB) 2582, 85th Texas Legislature, 2017. More information can be found at https://www.tceq.texas.gov/rules/prop.html#17026.
30 TAC §7.119 is being amended to adopt updates to the Memorandum of Understanding (MOU) between the TCEQ and the Texas Department of Transportaiton (TxDOT) regarding the review of the potential environmental effect of transportation projects. The updated MOU removes unnecessary definitions and simplifies the coordination process, so that coordination is only required on transportation projects that require environmental impact statements, supplemental environmental impact statements or environmental assessments. The TCEQ references the text of the updated MOU between TCEQ and TxDOT found in 43 TAC §§2.301 - 2.308. Additional information can be found at: https://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/memos/1700....
Henry M. Wise, P.G.
The Wise Report
12/15/2018
The Wise Report
Henry M. Wise, P.G.
December 8, 2018
The State Legislature meets starting January 8, 2019 and bills are already being filed. New information is listed in bold (two 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, 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
SB 179, by Miles, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Received by the Secretary of the Senate 11/14/2018. 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 commision a letter giving a full description of the event, including the volume of crude oil, gas, or other well liquids or gases lost. Received by the Secretary of the Senate 11/14/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB185
Henry M. Wise, P.G.
The Wise Report
12/8/2018
John Brewster Sangree, Jr. was born in Camden, New Jersey on February 21, 1929. He died peacefully and painlessly on November 14, 2018 while surrounded by his large loving family. John started out at Rensalaer Polytechnical Institute and Rutgers University, getting his B.S. in 1951. He earned his PhD in Geology at Northwestern University in 1959. He married Joan Appleton Sangree in 1951 and enjoyed an ardent love affair with his lifetime sweetheart. Together they raised a family during the graduate years and early company days, which was no easy task. Joan passed away in 2012 and has been sorely missed.
John worked for Exxon for 30 years, as a geologist/geophysicist in research and exploration. He traveled to over forty countries, and was involved in discoveries in Chad, Niger, Ivory Coast, offshore China, Thailand, and the North Sea. He worked closely with his dear friends Pete Vail and Bob Mitchum and their research team developed the foundation for sequence stratigraphy analysis, which changed the way geologists analyze seismic data. Following retirement, he performed consulting and conducted classes.
John developed an interest in water color painting and combined that with his love of Chinese art and created many beautiful paintings which are cherished by his family and dear friends.
John is survived by his loving children Ian Sangree, Jill Chouffot, Paul Sangree, Carol Vykukal, Kathleen Womansong, and Amy Swartz and by their wonderful spouses. He also leaves behind many friends, fourteen admiring grandchildren and four great grandchildren, with one more on the way.
The Wise Report
Henry M. Wise, P.G.
November 24, 2018
At the Texas Sunset Advisory Commission’s (TSAC’s) decision meeting in November 2018 the TSAC repeatedly expressed concern about a “North Carolina problem”. They didn’t explain what the problem was, but we have found out what it was about.
The North Carolina Board of Dental Examiners is the state entity that oversees licensure and discipline of dentistry and dental hygienists. State law in North Carolina, similar to the practice in other states, requires six of the eight members of the Board to be licensed, practicing dentists. When the Board began issuing cease-and-desist orders to non-dentists offering tooth whitening services, asserting that only licensed dentists could whiten teeth under state law, the Federal Trade Commission brought an administrative complaint against the Board for anticompetitive practices. The FTC eventually held that the Board’s actions are not entitled to immunity from federal antitrust law, as state action typically is, because its operations were not actively supervised by the state of North Carolina. The Board appealed the FTC’s decision, eventually pushing the question to the US Supreme Court.
In an opinion by Justice Anthony Kennedy, the Court upheld the FTC’s decision. Especially important to the Court’s analysis was the fact that dentists, who derive some of their income from teeth whitening services, largely controlled the Board of Dental Examiners. Justice Kennedy stressed this point, finding the need for antitrust law particularly great “in light of the risks licensing boards dominated by market participants may pose to the free market.” The Court declined to exactly fix a line for what constitutes excessive control of a licensing board, saying only that the determination is context-dependent. The Court also agreed with the FTC’s position regarding the lack of state oversight of the Board, reaffirming the requirements of active state supervision: (1) supervision is substantive, not merely procedural; (2) the supervisor may veto or modify decisions of the Board; (3) the mere potential for review is not a substitute for actual supervision; and (4) the supervisor may not itself be a market participant. Since the Board of Dental Examiners was not subject to any state oversight at all and was largely dominated by market participants, it clearly did not meet these requirements.
While the full implications of the case are not yet clear, litigation has begun to proceed under the new precedent and several states have taken steps to shore up their review of state licensing boards in light of the decision.
In Texas, a judge allowed a suit against the Texas Medical Board to proceed after finding that neither the sunset review process nor the administrative review process in §2001.174 of the government code met the requirements of the North Carolina Case. See Teladoc, Inc. v. Texas Med. Bd., No. 1:15-CV-343-RP, 2016 WL 4362208, at *4 (W.D. Tex. Aug. 15, 2016). And though its decision was based on other law, the Texas Supreme Court cited the logic of the North Carolina case favorably in Patel v. Texas Dep't of Licensing & Regulation, 469 S.W.3d 69, 108 (Tex. 2015), explaining that that the law "no longer insulates regulators regulating to anticompetitive effect. Licensing boards comprised of private competitors will face Sherman Act liability if they flex power to smother aspiring entrepreneurs."
The TSAC is discussing an omnibus bill that covers every licensing Board to comply with the ruling – meaning adding additional members to Boards to ensure “licensing boards are not dominated by market participants.”
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The State Legislature meets starting January 8, 2019 and bills are already being filed. New information is listed in bold (five 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
SB 179, by Miles, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Received by the Secretary of the Senate 11/14/2018. 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 commision a letter giving a full description of the event, including the volume of crude oil, gas, or other well liquids or gases lost. Received by the Secretary of the Senate 11/14/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB185
Henry M. Wise, P.G.
The Wise Report
11/24/2018
The Wise Report
Henry M. Wise, P.G.
November 18, 2018
On Wednesday, September 14, 2018 the Sunset Advisory Commission (SAC) Decision Hearing for the Texas Board of Professional Geoscientists (TBPG) at the State Capital took place and was attended by representatives of the TBPG, Texas Geoscience Council (TGC), Houston Geological Society, Texas Section of the AIPG, AEG, and other concerned individuals from around the Texas who have been engaged in the process. Even though we attended only as observers of the SAC discussions and votes, the TGC lobbyist advised us that a physical presence was important to send the message that we care about the outcome. Our presence was noticed when we entered the cleared chamber after the review of the Veterans’ Land Board.
We’re not at the finish line, but we have successfully cleared a major hurdle. The final SAC recommendation to the Legislature will be to continue the TBPG for another six years, until September 1, 2025, while implementing 12 recommendations. Six years is when the TBPG will again come under Sunset review, along with the Texas Board of Professional Engineers (TBPE). It’s anticipate that the SAC will try to combine the TBPG and TBPE into one board at that time. Besides active discussions, there were essentially 2 votes to get to that conclusion:
1 ) The first vote, which failed with 8 No to 4 Yes, was to abolish the Texas Board of Professional Geoscientists (TBPG) and transfer the regulation of geoscientists to the Texas Board of Professional Engineers (TBPE) by September 1, 2020. In the modified proposal that was voted on, geoscientists would have only had an advisory committee to the TBPE, not Board representation.
2) The second vote was to continue the TBPG for another 6 years, until September 1, 2025, while implementing 12 recommendations passed by 10 Yes to 2 No.
While some of the recommendations we must implement are not our first choice, they are palatable, considering the alternatives to either abolish the TBPG, or fold geoscientists into the TBPE. They are:
1) Eliminate the statutory notarization requirement for individuals applying for the professional geoscientist license.
2) Eliminate the letter of reference requirement for individuals applying for a professional geoscientist license.
3 ) Direct the board to eliminate the letter of reference requirement for individuals applying to register as a geoscientist-in-training. (Management action – nonstatutory)
4) Direct the board to discontinue geoscience firm registration. (Management action – nonstatutory)
5) Direct the board to cease routinely opening unlicensed public practice complaints against expired licensees who failed to timely renew. (Management action – nonstatutory)
6) Direct the board to further develop policies guiding the administrative dismissal of complaints by staff, specifically to provide staff clear direction to handle continuing education complaints unless aggravating circumstances require board involvement. (Management action – nonstatutory)
7) Direct the board to publish its penalty matrix on its website. (Management action – nonstatutory)
8) Apply the Sunset across-the-board recommendation to provide that the governor designates the presiding officer of the board to provide a direct line of accountability between the board chair and the governor.
9) Apply the Sunset across-the-board recommendation to require the agency to develop a training manual that each board member attests to receiving annually, and require existing board member training to include information about the scope of and limitations of the board’s rulemaking authority, including potentially anticompetitive behavior.
10) Apply the Sunset across-the-board recommendation regarding complaint processing for complaints against the board.
11) Apply the Sunset across-the-board recommendation regarding alternative dispute resolution.
12) Amend Texas Occupations Code, Section 1002.452 to increase the board’s maximum administrative penalty amount from $100 to $1,500 per day for each violation. The application of the maximum penalty should be limited to only the most serious offenses.
For clarification, in recommendations 8-11, across-the-board recommendations are recommendations the SAC is currently making and will probably continue to recommend to other boards in the future.
As stated earlier, we are not to the finish line. The Texas Geoscience Practice Act (Texas Occupations Code Chapter 1002), which authorized the establishment of the Texas Board of Professional Geoscientists and licensing of geoscientists must be reauthorized in the next legislative session, beginning January 8, 2019 and ending May 27, 2019. If the Act is not reauthorized, the TBPG will, by default, be abolished. So the next is to educate all legislators about what geoscientists do and the importance of licensing to those geoscientists who work in areas that protect public health, safety, welfare, and the State’s natural resources, as we ask them to reauthorize the Act. This will entail visits to all State Legislators. The TGC is preparing a booklet to leave with legislators, which will reinforce the message of our profession’s importance.
If you’ve not donated to the TGC yet, please do. They still are in need of funding to continue their good work. Their website is: www.txgeoscience.org
Henry M. Wise, P.G.
The Wise Report
11/18/2018
Michael (Mike) Alexander
1930-2018
Michael (Mike) Alexander, 88, passed away on October 26, 2018. He was born in Syracuse, NY, grew up in Mt. Vernon, NY, graduated from high school there, and went to sea at age 17 in the Merchant Marines. Mike was fortunate to win a scholarship to Colorado School of Mines, enabling him to work his way through school by means of various summer and campus jobs. He graduated in 1952 as a Geophysical Engineer and began his 38-year career with Humble Oil (now ExxonMobil) as trainee on a seismic field crew. After various office assignments, a "temporary" assignment finally brought him to Houston in 1966. He was assigned to a digital seismic processing team, and then to a newly-formed gravity/magnetics section. After retirement in 1991, he began a second career as a geophysical consultant, primarily with IGC in Houston.
While working in New Orleans, Mike married Barbara Wilkins. Barbara died in 2009. Mike is survived by two sons and daughter-in –laws and two grandchildren. He also leaves behind his precious friend Margie Abel and first cousins Jeanne Hansen, Joan Taylor and Peg Guy.
He enjoyed outdoor activities, especially running and hunting.
This is a summary of his life that was published in Houston Chronicle on Nov. 11, 2018
The Wise Report
Henry M. Wise, P.G.
November 10, 2018
The Sunset Advisory Commission will be finalizing their recommendations for the TBPG and presenting them on November 14, 2018. Their agenda can be found at: https://www.sunset.texas.gov/public/uploads/files/meetings/agendas/Sunset%20Agenda_November%2014%20Meeting.pdf
The decision recommendations to be voted on can be found at: https://www.sunset.texas.gov/public/uploads/files/meetings/Decision%20Meeting%20Materials_November.pdf – on pages 19-21.
The November 14, 2018 meeting is open to the public, but no testimony will be taken. The Texas Geoscience Council has been working diligently to help keep the Texas Board of Professional Geoscientists and many of the decision recommendations are the result, although not all. The decision recommendations will be voted on individually, so there’s always the possibility that some may be voted down. It’d be best if we come out of this meeting with a set of recommendations that are agreeable to us. The Texas Sunset Advisory Commission is highly respected in the legislature and their recommendations are often difficult to fight in the legislature.
A number of geologists from various organizations are planning on attending, including myself, and more are welcome to attend to show support. If your representative or senator is on the Sunset Commission, you can express your concern/support for any of the decision recommendations, but only if you are in their district. If you do contact them please be very polite, respectful, and professional.
Henry M. Wise, P.G.
The Wise Report
11/10/2018
The Wise Report
Henry M. Wise, P.G.
October 27, 2018
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment concerning the licensure and regulation of Professional Geoscientists in Texas. This amendment to 22 TAC §850.82, concerning dishonored payment, is adopted with changes to the proposed text as published in the June 22, 2018, issue of the Texas Register (43 TexReg 4013), and will be republished.
TBPG completed and adopted its four-year rule review in 2018 prior to this rulemaking. As a result of the review process, TBPG now adopts a change to its rules for refinement and clarity. Adopted amendment to §850.82 makes use of the defined term "licensee," adds the word "licensee," and removes the terms, "license, certification or registration holder" because a licensee is a defined term in §850.10. In §850.82, "licensee" is defined as, "An individual holding a current Professional Geoscientist license, GIT certificate, or firm registration."
The TBPG also adopts new rules and amendments concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG adopts new rules 22 TAC §851.22, regarding Waivers and Substitutions: Policy, Procedures, and Criteria; and §851.85, regarding Contingent Emergency/Disaster Response Actions. TBPG also adopts amendments to 22 TAC §§851.10, 851.20, 851.21, 851.23 - 851.25, 851.28, 851.30, 851.32, 851.40, 851.41, 851.43, 851.80, 851.101, 851.103, 851.104, 851.106, 851.109, 851.111 - 851.113, 851.156, 851.158, 851.203, and 851.204, concerning clarification and refinement of its rules, as a result of its recent four-year rule review, which TBPG completed and adopted prior to this rulemaking. These rules are adopted without changes to the proposed text as published in the June 29, 2018, issue of the Texas Register (43 TexReg 4363) and will not be republished. TBPG also adopts amendments to 22 TAC §§851.20, 851.22, 851.29, 851.106, and 851.158 with changes to the proposed text as published in the June 29, 2018, issue of the Texas Register (43 TexReg 4363). These sections will be republished.
For more information go to: https://www.sos.state.tx.us/texreg/archive/October262018/Adopted%20Rules/22.EXAMINING%20BOARDS.html#106
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Just a reminder, if you haven’t contacted your Texas Representative about keeping the TBPG, please do so by the end of October. The Sunset Advisory Commission will be finalizing their recommendations for the TBPG and presenting them on November 14, 2018. If you don’t know who your Representative is, go to: https://www.txgeoscience.org/volunteer/
Henry M. Wise, P.G.
The Wise Report
10/27/2018
The Wise Report
Henry M. Wise, P.G.
October 21, 2018
The Texas Sunset Advisory Commission (TSAC) decision hearing on the Texas Board of Professional Geoscientists (TBPG) will probably be held on November 14, 2018. I’ll let you know the full details when they become available. The first modification vote to the TBPG will be to abolish it or not. If they vote not to abolish it, they will go from there on modifications submitted by committee members. These modifications aren’t currently available. No public testimony is allowed during the modification votes, so if you haven’t spoken or written to your representative, you should do so by the end of this week. If you don’t know who they are, or how to get in touch with them, go to: https://www.txgeoscience.org/volunteer/
Henry M. Wise, P.G.
The Wise Report
10/21/2018
The Wise Report
Henry M. Wise, P.G.
October 8, 2018
The Texas Commission On Environmental Quality (TCEQ) has issued the following new or revised publications:
Guidelines for Preparing a Groundwater Sampling and Analysis Plan, RG-074 (revised publication)
This publication offers technical guidance to help owners and operators of municipal solid waste (MSW) Type I landfills develop a groundwater sampling and analysis plan (GWSAP) for their facility. A GWSAP is required by MSW regulations in 30 TAC. http://www.tceq.texas.gov/assets/public/comm_exec/pubs/rg/rg-074.pdf
Conducting Ecological Risk Assessments at Remediation Sites in Texas RG-263 (revised publication)
The agency's primary guidance on how to conduct ecological risk assessments at remediation sites in Texas. Use in conjunction with RG-263B and other companion documents found at <www.tceq.texas.gov/goto/era>. http://www.tceq.texas.gov/assets/public/comm_exec/pubs/rg/rg-263.pdf
Supporting Documentation for the TCEQ's Ecological Benchmark Tables RG-263b (revised publication)
Provides supporting documentation for surface water, sediment and soil benchmarks, part of the ecological risk assessment process. Use in conjunction with RG-263 and other companion documents and Excel file at <www.tceq.texas.gov/goto/era>. http://www.tceq.texas.gov/assets/public/comm_exec/pubs/rg/rg-263b.pdf
Case Study for the TCEQ's Ecological Risk Assessment Process, RG-263c (new publication) Case study examples of a Tier 1 Exclusion Criteria Checklist, a Tier 2 Screening Level ERA, and an Ecological Services Analysis. Use in conjunction with RG-263, RG-263b, and other companion documents found at <www.tceq.texas.gov/goto/era>. http://www.tceq.texas.gov/assets/public/comm_exec/pubs/rg/rg-263c.pdf
The Texas Geoscience Council (TGC) continues to work hard at saving the Texas Board of Professional Geoscientists and the licensure of Professional Geoscientists. If you haven’t donated already I encourage you to do so at https://www.txgeoscience.org/. If you are a member of the American Institute of Professional Geologists (AIPG), or even if you aren’t, you can double your donation by donating to the Texas Section of the AIPG for the TGC at http://aipg-tx.org/. The Texas Section of the AIPG has announced that, now through the end of October, they will match, dollar for dollar, up to $4,000 to the TGC if donated through the AIPG Texas Section.
Henry M. Wise, P.G.
The Wise Report
10/8/2018
The Wise Report
Henry M. Wise, P.G.
September 23, 2018
The Texas Geoscience Council has requested that everyone write or call their state legislator about the Texas Sunset Commission’s Staff Report that recommends abolishment of the Texas Board of Geoscience. You can find out who your legislator at: https://fyi.capitol.texas.gov/Home.aspx
You can download a template for calls and emails to yuir legislators here: https://www.txgeoscience.org/s/ContactYourLegislator.docx You can fill in the blanks to keep things simple or you can make it personal by including your own thoughts.
Henry M. Wise, P.G.
The Wise Report
9/23/2018
The Wise Report
Henry M. Wise, P.G.
September 10, 2018
The Governor of Texas has appointed the following to the Texas Board of Professional Geoscientists:
·
For a term to expire February 1, 2019, Drusilla Knight-Villarreal of Corpus Christi, Texas (replacing Joseph P. DeWoody of Fort Worth who resigned).
·
For a term to expire February 1, 2023, Becky L. Johnson of Fort Worth, Texas (Ms. Johnson is being reappointed).
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For a term to expire February 1, 2023, Brandon B. Stowers of Austin, Texas (replacing Gregory C. "Greg" Ulmer of Houston whose term expired).
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For a term to expire February 1, 2023, Mark N. Varhaug of Dallas, Texas (replacing Christopher C. Mathewson, Ph.D. of College Station whose term expired).
Henry M. Wise, P.G.
9/10/31/2018