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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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