Carolyn's Legislative Update, TAGD February 2015 Quarterly Meeting
Transcript of Carolyn's Legislative Update, TAGD February 2015 Quarterly Meeting
Legislative Update
Carolyn Cadena
Texas Alliance of Groundwater Districts
TAGD Quarterly Meeting
February 12, 2015
Committee Assignments: Senate
• Charles Perry – Chair
• Judith Zaffirini – Vice Chair
• Brandon Creighton
• Bob Hall
• Juan “Chuy” Hinojosa
• Lois Kolkhorst
• José Rodriguez
Committee on Agriculture, Water & Rural Affairs
Committee Assignments: Senate
• Troy Fraser – Chair
• Craig Estes– Vice Chair
• Brian Birdwell
• Bob Hall
• Kelly Hancock
• Juan “Chuy” Hinojosa
• Eddie Lucio, Jr.
• Robert Nichols
• Carlos Uresti
• Kel Seliger
• Judith Zaffirini
Committee on Natural Resources & Economic Development
Committee Assignments: House
• Dennis Bonnen
• Jim Keffer
• Tracy King
• Eddie Lucio III
• DeWayne Burns• James Frank• Kyle Kacal• Lyle Larson• Poncho Nevárez• Paul Workman
Committee on Natural Resources
Seniority Appointments Speaker Appointments
Chair: Jim Keffer Vice-Chair: Trent Ashby
TWCA Consensus Bills
• HB 950 – State Auditors Office Bill
• HB 930 – TDLR Bill
• HB 655 – ASR Bill
• HB 1248 – Permitting Bill
• HB 1221 – Seller’s Disclosure Bill
TWCA Consensus Bills
• Eliminates SAO review of groundwater management activities
• SAO would continue to review financial transactions
HB 950 – State Auditors Office Bill
TWCA Consensus Bills
• Apprentice well driller program & apprentice pump installer program
• Well driller must supervise conversion of oil & gas well to a water well
• TDLR field operator program
HB 930 – TDLR Bill
TWCA Consensus Bills
• Moves ASR from Chapter 11 to Chapter 27
• No more pilot projects
• TCEQ will have exclusive jurisdiction
• No surface water right amendment for storage of surface water in ASR project
HB 655 – ASR Bill
TWCA Consensus Bills
• TCEQ must consider(1) SDWA compliance(2) extent to which injected water is recoverable(3) potential impact on existing wells(4) potential for groundwater degradation
• Project may not produce more water than recoverable amount
HB 655 – ASR Bill (cont.)
TWCA Consensus Bills
• If withdrawal exceeds recoverable amount, GCD spacing, production, and permitting rules & fees apply
• ASR wells must register with GCDs and pay regular fees
• Metering and reporting requirements
• DFC planning
• EAA, BSEACD, & Subsidence Districts exempt
HB 655 – ASR Bill (cont.)
TWCA Consensus Bills
• Amends the Texas Property Code
• Requires sellers of residential real property to include GCD information on the disclosure form provided to potential buyers
HB 1221 – Seller’s Disclosure Bill
TWCA Consensus Bills
• Automatic renewal of production permits
• Exceptions:(1) delinquent in paying GCD fees(2) pending GCD enforcement for substantive violation(3) unpaid penalty or failure to comply after violation
• For denied amendment requests – chance to renew old permit
HB 1248 – Permitting Bill
Brackish Bills
• HB 30 – Similar to HB 2578 from last session
• HB 835 – TAGD’s bill
• HB 836 – long bill from TWCA process
Brackish Bills
• Similar to HB 2578 that passed House last session
• RWPs must consider large-scale desal facilities
• Brackish groundwater production zones (BGPZs)
• GCD permitting within BGPZs
• Management plans must include goals for brackish development
• DFCs do not apply to BGPZs
HB 30
Brackish Bills
• Individual may petition GCD to designate a brackish groundwater management zone (or GCD’s own initiative)
• GCD forwards to TWDB for a technical report
• GCD must adopt rules for production permits in zone
• GCDs can implement additional restrictions if monitoring shows impacts greater than anticipated
HB 835
Brackish Bills
• Initiated by GCD or developer’s petition to GCD
• Areas where brackish GW can be produced without “unreasonable negative impacts” on GW quality & quantity, exiting GW users, and DFCs
• No BGPZs where formation is a primary source of water supply (municipal or agricultural)
• GCD hearing, TWDB recommendation, & petition for review
HB 836 – 2 Step Process
Step 1 – BGPZ Designation
Brackish Bills
• GCD must process as an uncontested permit application
• Production limits, permit terms, monitoring requirements must be consistent with zone designation
• 30 year max permitting term
• Amendments only to achieve original assumptions of zone designation
• Production & export fees may be imposed
HB 836 – 2 Step Process
Step 2 – Permit Process
Water Planning Bills
• HB 632 – water projects in another RWP area
• HB 928 & SB 329 – drought contingency
• SB 77 – climate adaptation plans
• SB 78 – State Water Plan requirements
Water Planning Bills
• Applies to inclusion in RWPs of proposals for construction of a project in another RWP area
• Requires 2/3 consent of members of other RWPG for inclusion in RWP
HB 632
Water Planning Bills
• WCAC must monitor drought info & recommend methods for drought contingency plan evaluations
• Public water suppliers & irrigation districts must submit plans to TCEQ TCEQ will post water supplier info online
• TWDB and WCAC will review & update BMP guide for water conservation including BMPs for drought response
HB 928 & SB 329
Water Planning Bills
• Climate adaptation plans
• Applies to TCEQ & TWDB
• Based on current peer-reviewed climate science
• Plan must be publicly accessible
SB 77
Water Planning Bills
• State Water Plan required information
• Best available science (BAS) – future water availability & future water use
• State Water Plan guidance principles must consider BAS in forecasting future water availability & environmental flow standards & set-asides
SB 78
Takings Bill
• Amends definition of taking to series of actions within a 10-year period
• Taking possible if reduces the market by 20% (currently 25%)
• Taking could occur if 20% reduction of revenue/income from use or sale of the property
• Applies to municipalities & actions taken to comply with federal or state law
• Applies to actions to prevent waste or protect rights of owners of interest in groundwater
SB 360
Buffer Zones
• Establishes buffer zones – 5 miles outside the boundaries of a PGMA
• Commercial drillers in buffer zone must apply to TWDB and any GCD in the territory the well is located
HB 1191
Oil & Gas Bills
• SB 440 – local prohibitions on fracking
• SB 517 – notice of injection wells
Oil & Gas Bills
• Prohibits counties & municipalities from prohibiting hydraulic fracturing
SB 440
Oil & Gas Bills
• If a proposed injection well is within a 10-mile radius of a GCD, this bill would require an applicant for an injection well permit to provide notice to the GCD.
SB 517
Water Well Confidentiality Bill
• Protects from Public Information Act disclosure GW withdrawal reports submitted by well owners to GCDs
• Well owner must submit written request for confidentiality
• GCD may release info only if summarized so individual owners/parcels cannot be identified.
• Does not apply to public entities
HB 898
TCEQ Related Bills
• HB 190 – environmental analysis
• HB 201 & SB 109 – water right application process
• HB 1113 – CCH standard of review
TCEQ Related Bills
• Environmental analysis required before adoption of an environmental rule
• Potential costs & environmental effects of the rule
• TCEQ must publish
HB 190
TCEQ Related Bills
• Water right application process & procedures
• Includes timelines for the TCEQ & applicants
HB 201 & SB 109
TCEQ Related Bills
• TCEQ’s determination of standing is discretionary; no evidentiary hearing required
• Court may reverse & remand TCEQ only if TCEQ:(1) failed to consider factor required by law to be considered(2) considered an irrelevant factor(3) reached a completely unreasonable result
HB 1113
TWDB Related Bills
• HB 280 – SWIFT info required on website
• SB 413 – TWDB board member requirements
TWDB Related Bills
• Information required by TWDB to be posted on website regarding use of SWIFT
HB 280
TWDB Related Bills
• Changes required experience of TWDB board membersCurrent: one member each with experience in engineering, finance, and law or businessProposed: one member each with experience in engineering, finance, and production agriculture
• One board member must reside in rural area & registered voter of county less with population < 155,000
HB 413
Railroad Commission Bill
• Constitutional amendment that would change the name of the Railroad Commission of Texas to the Texas Energy Commission
HJR 76
Elections & Public Office Bills
• HB 484 – candidate requirements
• SB 63 – term limits
Elections & Public Office Bills
• Candidates for candidate eligibility or to hold public elective office must be registered to vote in the territory of the elective office for at least 12 months
HB 484
Elections & Public Office Bills
• 8-year term limits for state, district, and political subdivision offices filled by popular election
• Service in more than one board position is considered service in the same office
• Does not apply to service before January 1, 2016
• Does not apply to an office if another law imposes a more restrictive term limit
SB 63
Notice & Public Information Bills
• HB 139 – notice to comptroller
• HB 685 – Public Information Act info on website
• HB 814 & SB 392 – notice online instead of newspaper
• HB 1019 – notice on newspaper’s website
• SB 309 – online database for political subdivisions
Notice & Public Information Bills
• Political subdivisions must provide to the comptroller notices that are required by law to be published in a newspaper
• The comptroller must post the notices to the comptroller’s website
HB 139
Elections & Public Office Bills
• A political subdivision may comply with a Public Information Act request by referring the requestor to its website if the requested information is identifiable and readily available on the website
HB 685
Elections & Public Office Bills
• Governmental bodies may post notice of a meeting online rather than in a newspaper
HB 814 & SB 392
Elections & Public Office Bills
• A governmental entity may publish notice on a newspaper’s internet website rather than in the newspaper.
• Requires newspapers to establish an internet-only option for publication and meet certain other criteria to be a qualified newspaper for notices
HB 1019
Elections & Public Office Bills
• Comptroller – Political Subdivision Public Information Warehouse
• Data on political subdivisions’ tax rates, amount of debt, website address, & appraisal district website address
• Political subdivisions must provide data on boundaries to the comptroller by September 1, 2016 or within 6 months of any dissolution, annexation, or consolidation
SB 309
Previews of Upcoming Summaries
• HB 1232 – TWDB mapping of groundwater in aquifers
• HB 1296 – affects appointment of certain representatives to certain RWPGs
Questions?Carolyn Cadena
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