From the President - September 2013  by Barry Katz

From the Editor - September 2013  by Michael Forlenza

What's Old is New and Passing on Gas:  The Decoupling of Energy Prices When you look at the by-line and the photograph for the new HGS Bulletin Editor you may have a vague sense of déjà vu. “Wasn’t this guy the editor before?”, you might remark. You would be justified in that belief. What’s old is new. I had the pleasure of serving as HGS Bulletin Editor in the 2008 – 2009 year (Volume 51). Earlier this year, after the editor-elect was not able to fulfill the duties of Editor for the upcoming year, I was invited to again serve as Editor. Despite being aware of the large commitment of time, I have returned for Volume 56. My efforts will follow the wonderful editorship of Patricia Santagrossi and the HGS Editorial Board. I look forward collaborating with the HGS Editorial Board of advisory editors Charles Revilla, James Ragsdale, Ed Marks, Fang Lin, editor-elect David Miller, and our design editor Lisa Kruger.

My goal is to maintain the high quality of the Bulletin that the members have come to expect and to hopefully facilitate the exchange of ideas and thoughtful discussions on topics of interest to the society. I invite your contributions and feedback into making the Bulletin a publication that you enjoy reading and look forward to receiving each month. Look for some additional features during the next ten issues. These will include a return of the Geological Website of the Month which appeared in the 2008 – 2009 issues. The Internet has developed into an extensive resource and repository for a wide range of information including an abundance of geological, regulatory, and mapping information found on many governmental, educational, society, and industry websites. For many geologists, online resources have become indispensable tools for our jobs. Information that once required a visit to an academic library can now be retrieved in minutes on any computer with an Internet connection. Whether you are interested in geology career opportunities, current events, images of volcanoes, on-going research, or planetary science, you will find useful information. There are many informative and interesting websites dedicated to geological subjects. Enter the word “geology” into a search engine and more than 55 million results are found. Ten geological websites were featured in Volume 51. You can check the back issues to learn about websites for the United States Geological Survey, National Park Service, Geology.com, British Geological Survey, and many others. The revised feature will include a scorecard rating each website’s geological interest, visual appeal, and ease of use on a scale of zero to five rock hammers. Another new semi-regular feature will be titled Vintage Geology, an informal exploration of geologically-themed wines. Geologically-themed wines will have an earth science related name, term, or illustration on the label. This feature will include a brief discussion of the vineyard’s geological setting and its potential influence on the product. The price of everything increases over time. Everyone knows that. Food costs rise, wages increase, goods cost more, and energy prices go up — except when they don’t. The United States relies on a variety of energy sources to run the world’s largest economy. These include oil, coal, nuclear, hydroelectric, natural gas, and, increasingly, renewables. The prices of these energies are quantified daily on commodities markets in the United States and across the world. As of late-July 2013 the spot market price for a barrel of West Texas Intermediate crude oil was $107.84. Brent crude oil was $108.58 per barrel. The spot price of natural gas at the Henry Hub was $ 3.67 per million British Thermal Units (MMBTU). This natural gas price is up significantly from a recent low of $1.95 per MMBTU in April 2012. One British Thermal Unit, a somewhat archaic measure, is the amount of heat (energy) needed to raise one pound of water one degree Fahrenheit. Because oil and natural gas have similar uses as fuel and feedstock for chemical manufacture, one would think that their prices would be closely linked, rising together and falling together. But because these fuels have very different characteristics and different unit measures, how can one compare the price of oil with the price of natural gas? Comparison of Prices Logic would suggest that to compare prices, one must know the relative energy content of the various unit measures. After all, energy content is what users are paying for when buying hydrocarbons. While the energy content of crude oils will vary based on the region of production, in a rough measure one barrel of oil has approximately six times the energy content of one MMBTU of natural gas. This should make for simple arithmetic. A barrel of oil has six times the energy of one MMBTU of natural gas; therefore, a barrel of oil has the same energy content as six MMBTU of natural gas. This means that one barrel of oil should be six times the price of one MMBTU of natural gas. A quick check with a calculator reveals a disparity. Even after the recent price escalations, six times the price of one MMBTU of natural gas is still only about $22, much less than the current price of a barrel of oil. That means that in July 2013, the equivalent amount of oil energy is worth almost five times that of natural gas energy. What’s the deal? In a March 30, 2013 New York Times article Why One Gas is Cheap and the One Isn’t, Floyd Norris looked at the starkly different trends for the price of natural gas and the price of oil in the period from 1990 to 2012. Except for some spikes, the price of natural gas barely changed during those two decades and the price of oil increased more than five-fold. The biggest divergence in the pricing has occurred since 2008. During most of the period from 1990 to 2005, natural gas and oil were priced roughly the same on an energy equivalent basis. Then, between 2005 and 2012, the price of oil outpaced the price of natural gas until oil was more than eight times more expensive than natural gas in 2012. The price of natural gas has become decoupled from the price of crude oil. Why the Difference? Many years ago, while working for Texaco International Exploration, I was on a team that was involved in a major discovery of natural gas off the Northwest Shelf of Australia that became known as Gorgon. Thinking that the impressive flow rates of the discovery well test would please management, I was perplexed when the vice president had a pained look on his face and moaned, “Gas? !? Gas? What good is gas? That’s worthless. We can’t make money on that. I want something that you can carry in a bucket.” A large part of our economy is “hard wired” into using liquid hydrocarbons. The United States uses approximately 18.5 million barrels of crude oil per day, according to the U.S. Energy Information Administration. More than half of this amount is imported. The gathering, transportation, and distribution of these liquids involve sea-going tankers, pipelines, terminals, refineries, tank farms, railcar, tank trucks, and filling stations. The Institute for Energy Research reports that 70 percent of petroleum consumption in the United States is used for transportation. Cars, trucks, trains, aircraft, and ships have been the engines of the western economies for nearly 100 years. Workers commute, goods are moved to market, raw materials are delivered to manufacturers, and shoppers drive to the mall. This all involves liquid fuels based on oil. Market Forces Floyd Norris in the New York Times says, ”the diverging prices reflect the fact that while oil and natural gas can substitute for each other in some uses, the markets for the two products are very different.” The infrastructure and market for crude oil are international in scope and relatively efficient. Oil moving around the globe in tankers can be diverted from one destination to another almost instantaneously in response to shifts in demand. A change in demand or supply in any region of the globe is likely to show up in prices everywhere. The natural gas market, on the other hand, is not a global one. There is a limited trade in liquefied natural gas, which can be transported in tankers, but most natural gas must move in pipelines over land. Natural gas prices have been rising in some parts of the world even as they have been falling in the United States. As most Americans know, the production of natural gas in the United States has been increasing in the last five to ten years. This increase is due largely to the development of unconventional production techniques, especial horizontal drilling and hydraulic fracturing of tight shale formations. Shale gas production in the United States has increased from less than one billion cubic feet (BCF) per day in 2001 to more than 25 BCF per day in 2012. The natural gas infrastructure is not as well developed as the liquid infrastructure. So, until the development of large-scale liquefaction operations that would make natural gas exports viable, United States production remains stranded in North America. The Future Most observers would say the future of natural gas in the United States is bright. The use of natural gas for electrical generation is growing and will continue to grow. Bigger and more numerous houses in the hot and humid southern parts of the nation will need to be air conditioned and smart phones will need to charged. However, the use of natural gas in transportation would be the big switch that makes the fuel competitive with oil in the marketplace. Oilman billionaire T. Boone Pickens has become a strong advocate for the greater use of natural gas in the domestic energy mix by calling for the implementation of “The Pickens Plan.” One of the pillars of the Pickens Plan is “use America’s abundant natural gas to replace imported oil as a transportation fuel.” Here’s what Mr. Pickens said in an April 2013 article in Bloomberg Businessweek: “It starts with getting into the transportation sector. When I started the Pickens Plan in 2008, there were about 200,000 vehicles on natural gas in the world; now there’s about 16 million. That growth is coming from everywhere but the U.S.” “The best thing to do is focus on heavy-duty trucks and give them a tax credit. You don’t put natural gas in your corner gasoline station. You put natural gas in a truck stop. It’s a fuel that competes against diesel. There are about 8 million heavy-duty trucks in the U.S. If you convert them to natural gas, that boosts consumption by about 15 billion to 20 billion cubic feet a day.” Even though Mr. Pickens and others may have visions of a transportation system that uses vastly more natural gas or even greater increases in electricity generated by burning natural gas, our liquid hydrocarbon-based economy will be with us for a while longer. Until you can refuel your car from the natural gas line running to your house, you will still want a fuel that you can carry in a bucket. FOOTNOTE: The March 2012 article by Floyd Norris was fairly prescient in forecasting: “…futures traders think that the gap in prices will diminish but remain large. A year from now, oil prices are expected to be almost exactly where they are now, while natural gas prices are forecast to have risen more than 50 percent. If that happens, on an energy equivalent basis, crude oil will still be more than five times as expensive as natural gas.” Almost dead on.

The Wise Report
August 31, 2013
Henry M. Wise, P.G.

The Texas Board of Professional Geoscientists (TBPG) has proposed four amendments their rules in order to implement the requirements of Senate Bill 138, which was passed in the recent legislative session. These amendments are:

• 850.62, regarding the general powers and duties of the Board, to include that the TBPG shall work with other state agencies that use the services of a person licensed by the TBPG to educate agency employees regarding the procedures by which complaints are filed with and resolved by TBPG, as required by Senate Bill 138.

   

• ​851.10, regarding Definitions, removes language that the TBPG maintains jurisdiction over a license, certification, or registration as long as the license, certification, or registration is renewable. It removes the sentence from this section and relocates it to section 851.101, where it was considered to be a more appropriate location.

• 851.157, regarding Compliance and Enforcement, to provide that a state agency or a state employee who becomes aware of a potential violation of the Act or a rule adopted by the Board may fulfill the requirements of the Act by submitting a formal complaint with the Board or providing the information relating to the potential violation in writing to TBPG staff. Proposed amendments to 851.157 also provide that information provided by a state agency that is privileged or confidential remains privileged or confidential following receipt by the Board; that complaints must be submitted to the authorized deputy to the Secretary-Treasurer, and that the Board shall accept a complaint regardless of whether the complaint is notarized; and that information that is submitted to the Board that has not been filed as a complaint is not confidential. Once the received information becomes part of the complaint record, confidentiality provisions under the Texas Occupations Code 1002.202 will also apply.

   

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The TBPG has adopted four amendments, effective October 1, 2013. They are:

• 851.20, regarding the P.G. Licensing Requirements and Application Procedure, removes language from this section and incorporates the removed language into section 851.28, regarding P.G. License Renewal and Reinstatement.  It clarifies the language and process by which a P.G. license is renewed, is eligible to be renewed for up to three years after the license is expired, that the first renewal of a P.G. license will be prorated to correspond with the license holder's birth month, and specifies that a P.G. license that is renewed more than sixty days after its expiration date will incur a late penalty fee.

• ​851.32, regarding the Continuing Education Program, the amendment clarifies the continuing education requirements for a license that has been renewed for less than one year.

• 851.156, regarding a P.G. seal, the amendment clarifies the P.G. seal requirement regarding the use of an electronically-generated seal.

For more information go to: http://www.sos.state.tx.us/texreg/sos/Adopted%20Rules/22.EXAMINING%20BOARDS.html#182

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The Texas Commission on Environmental Quality (TCEQ) has proposed rulemaking that would provide a periodic public review and revision of the State's surface water quality standards, as provided for in Section 26.023 of the Texas Water Code, and as required by Section 303(c) of the Federal Clean Water Act. Specific proposed changes to the rules include:

• revisions to statewide toxic criteria to incorporate new data on toxicity effects, in order to address revised Texas Commission on Environmental Quality (TCEQ) and EPA procedures;

• additions and revisions to site-specific toxic criteria to incorporate local water quality data into criteria for selected water bodies;

• addition of industrial cooling areas and revisions to mixing zone provisions to facilitate implementation of thermal water quality standards in wastewater permitting;

• numerous revisions and additions to the uses and criteria, and descriptions of individual water bodies, to incorporate new data and the results of recent use attainability analyses (UAAs); and

• addition of site-specific recreational uses for selected water bodies, to incorporateresults of recent recreational UAAs.

For more information go to: http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/12001307_pex.pdf or http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/12001307_pro.pdf.

Henry M. Wise, P.G.

The Wise Report

8/31/2013

The Wise Report
August 17, 2013
Henry M. Wise, P.G.

The Texas Commission on Environmental Quality (TCEQ) has adopted an update to the current Memorandum of Understanding (MOU) between the TCEQ and the Texas Department of Transportation (TxDOT) addressing the TCEQ's environmental reviews of TxDOT highway (transportation) projects. The updates to the MOU are required to comply with provisions in Senate Bill (SB) 548, SB 1420, and House Bill (HB) 630 of the 82nd Legislature, 2011. The adopted legislation requires TxDOT to amend its rules related to environmental reviews of highway projects and update the relevant TCEQ/TxDOT MOU.

The updated MOU makes only slight changes to the triggers for review of a project, primarily for impaired water assessment units (impaired water bodies). Those changes are being made to comply with current federal requirements associated with the 303(d)- and TMDL related requirements.

The updated MOU also includes a reference to a new document, environmental report, that TxDOT may request that TCEQ review. An environmental report is a document that TxDOT may choose to develop early in their process, usually prior to conducting either an Environmental Assessment or Environmental Impact Statement. Also included in the MOU is the authorization to implement electronic distribution of TxDOT highway project information to the TCEQ, and the TCEQ comments to TxDOT. The updated MOU reorganizes and streamlines parts of the MOU.

For more information go to: http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/adoptions/1... for the summary or http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/adoptions/1... for the MOU.
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The Governor has appointed three permanent members of the Texas Water Development Board (TWDB). As a result of the passage of HB 4 during this year’s legislative session, the Board of Directors for the TWDB was reduced from six volunteer members to three, paid, full-time members. Those member appointed must be one with experience in the field of engineering, one member with experience in the field of public or private finance, and one member with experience in the field of law or business.

Henry M. Wise, P.G.
The Wise Report
August 17, 2013

The Wise Report
August 10, 2013
Henry M. Wise, P.G.

The Louisiana Geoscience Practice Act has been updated, effective August 1, 2013 and can now be updated.  It is similar to the Texas Geoscience Practice Act.  As of August 10, 2013 eight of the nine Board members have been appointed.  Application fees have been approved by the Legislature, but the exact figure has not been determined.  In addition, the grandfather period has been extended to December 31, 2013.  Applications should be available in late September, 2013.  There is a possibility that the grandfather may be extended through the end of 2014, but that would require the State Legislature to vote on it, so if you’re interested in obtaining a Louisiana license without having to take the ASBOG exam, you should apply this year.

The Board is expected to let the various Louisiana geological societies and the geological boards of neighboring states, Texas included, when they are ready to accept applications.  For more information go to: www.nogs.org/LA%20Professional%20Geoscience%20Practices%20Act.docx.

Henry M. Wise, P.G.
The Wise Report
August 10, 2013
 

The Wise Report
June 23, 2013
Henry M. Wise, P.G.

The Governor’s office has announced, pending Senate confirmation, the following appoints to the Texas Board of Professional Geoscientists for terms to expire February 1, 2019:

Joseph P. DeWoody of Fort Worth (replacing Ronald Kitchens of Harper whose term expired).
Charles T. "Tom" Hallmark of Hearne (Dr. Hallmark is being reappointed).
W. David Prescott, II of Amarillo (replacing Barbara Roeling of Austin whose term expired).

In response to a petition for rulemaking, the Texas Commission on Water Quality (TCEQ) recommends rulemaking to amend the decommissioning standards applicable to radioactive source material (i.e., uranium mining) sites and by-product disposal sites so that the standards will conform to federal requirements.

On February 12, 2013, Barrett & Associates, PLLC submitted a petition for Rulemaking on behalf of Uranium Energy Corp. (UEC). In their petition, Barrett & Associates requested that the commission amend 30 TAC §336.1115 to remove subsection (e)(3), which would remove the redundancy in uranium in soil concentration limits and conform the rule to the federal requirements. At the TCEQ's agenda on April 10, 2013, the commission approved the petition for rulemaking (Project No. 2013-021-PET-NR) and directed staff to initiate rulemaking.

As requested in the petition, the commission proposes to remove §336.1115(e)(3), the limits for the uranium concentration in soil. The commission also proposes, in response to the removal of subsection (e)(3) to amend subsection (e)(4) to compensate for the removal of subsection (e)(3) by effectively limiting uranium concentration limits to limits specified in 10 Code of Federal Regulations (CFR) Part 40Appendix A, Criterion 6(6).

In considering the petition, staff reviewed the current rule language in §336.1115(e) and determined that inclusion of a specific soil standard for the concentration of uranium in soil is not consistent with the federal requirements of the United States Nuclear Regulatory Commission (NRC). The federal regulations set a standard for the concentration of radium in soil and require a risk-based dose assessment, but do not establish a specific concentration limit for uranium. A decommissioning standard for the concentration of uranium in soil is not necessary because the required risk-based radium benchmark dose assessment approach accounts for the radioactivity of the radionuclides in soil, including uranium.

For more information go to:  http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/1...

The adopted effective date of these amendments is January 1, 2014, to allow the Commission time to develop and advise operators of the lists of potential flow zones and zones with corrosive formation fluids and to allow operators time to become familiar with the new requirements for wells to be drilled. Operators will be subject to these amendments for any wells that will be spudded on or after January 1, 2014. Wells spudded before January 1, 2014, will be subject to the current requirements of §3.13 in effect through December 31, 2013. For more information, go to: http://www.sos.state.tx.us/texreg/archive/June72013/adopted/16.ECONOMIC%...

The following filed bills may be of interest to Texas geologists. This list has been shortened to show only those bills which have been passed or are new from the Special Session. The Governor has until June 16, 2013 to sign or veto all passed bills from the regular session. If he does neither, they will become law without his signature. New information is listed in bold. Bills that have been passed are noted with an “*”:

*HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/28/2013 signed by the Governor, effective 9/1/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4

*HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/25/2013, filed without the Governor's signature. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

*SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

The following are new bills of interest to Texas geologists introduced during the Special Session called by the Governor:

HB 24, by Larson, Relating to the development of brackish groundwater. 5/31/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...

HB 25, by Larson, Relating to the underground storage of water for later retrieval and beneficial use; authorizing the imposition of fees. 5/31/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
June 23, 2013

The Wise Report
June 15, 2013
Henry M. Wise, P.G.

The Texas Commission on Environmental Quality (TCEQ) proposes to adopt by reference updates to the TCEQ’s memorandum of understanding (MOU) with the Texas Department of Transportation (TxDOT) regarding TCEQ environmental reviews of TxDOT highway (transportation) projects. The updates are required to implement the following statutes and legislation.

Texas Transportation Code, §201.607(a) requires TxDOT and each state agency that is responsible for the protection of the natural environment, which includes the TCEQ, to revise their MOU that relates to the review of the potential environmental effect of a highway project. Texas Transportation Code, §201.607(b) requires TxDOT and the TCEQ to adopt, by rule, all revisions to the MOU. In addition, Texas Transportation Code, §201.607(a)(5), as amended in Section 1 of Senate Bill (SB) 548, Section 18 of SB 1420, and Section 1 of House Bill (HB) 630, 82nd Legislature, 2011, requires that the MOU specify that comments submitted to TxDOT later than the available 45-day review period will be considered by TxDOT to the extent possible. In addition, Section 5 of SB 548, Section 18 of SB 1420, and Section 5 of HB 630 require that the MOU be updated.

TxDOT and the TCEQ have negotiated updated MOU language. TxDOT has adopted the updated MOU in 43 TAC Chapter 2, Subchapter I. The TCEQ proposed rulemaking would adopt 43 TAC §§2.301 - 2.308 by reference.

For more information, go to:  http://www.sos.state.tx.us/texreg/archive/June72013/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#118

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The Railroad Commission of Texas (RRC) adopts amendments to §3.13, relating to Casing, Cementing, Drilling, Well Control, and Completion Requirements, with changes and §3.99, relating to Cathodic Protection Wells; and §3.100, relating to Seismic Holes and Core Holes, without changes to the proposed text published in the February 15, 2013, issue of the Texas Register (38 TexReg 733). The adopted amendments implement certain provisions of House Bill 2694 (82nd Legislature, Reg. Sess. 2011) and more clearly outline the requirements for all wells, consolidate the requirements for well control and blow-out preventers, and update the requirements for drilling, casing, cementing, and fracture stimulation. The adopted amendments to §3.99 and §3.100 conform the definition of "protection depth."

The adopted effective date of these amendments is January 1, 2014, to allow the Commission time to develop and advise operators of the lists of potential flow zones and zones with corrosive formation fluids and to allow operators time to become familiar with the new requirements for wells to be drilled. Operators will be subject to these amendments for any wells that will be spudded on or after January 1, 2014. Wells spudded before January 1, 2014, will be subject to the current requirements of §3.13 in effect through December 31, 2013. For more information, go to:  http://www.sos.state.tx.us/texreg/archive/June72013/adopted/16.ECONOMIC%...

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The following filed bills may be of interest to Texas geologists. This list has been shortened to show only those bills which have been passed or are new from the Special Session. The Governor has until June 16, 2013 to sign or veto all passed bills from the regular session. If he does neither, they will become law without his signature. New information is listed in bold. Bills that have been passed are noted with an “*”:

*HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/28/2013 signed by the Governor, effective 9/1/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4

*HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/25/2013, filed without the Governor's signature. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

*SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

The following are new bills of interest to Texas geologists introduced during the Special Session called by the Governor:

HB 24, by Larson, Relating to the development of brackish groundwater. 5/31/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...

HB 25, by Larson, Relating to the underground storage of water for later retrieval and beneficial use; authorizing the imposition of fees. 5/31/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
June 15, 2013

The Wise Report
June 2, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists.  This list has been shortened to show only those bills which have been passed or are new from the Special Session.  The Governor has until June 16, 2013 to sign or veto all passed bills from the regular session.  If he does neither, they will become law without his signature.  New information is listed in bold. Bills that have been passed are noted with an “*”:

*HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/28/2013 signed by the Governor, effective 9/1/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4

*HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 5/20/2013 sent to the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 5/23/2013 sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 5/22/2013 sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 5/16/2013, sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/27/2013, sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/25/2013, filed without the Governor's signature, effective on 9/1/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 5/26/2013 signed by the Governor, effective 9/1/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 5/25/2013, sent to the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

*SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/16/2013, Sent to Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

The following are new bills of interest to Texas geologists introduced during the Special Session called by the Governor:

HB 24, by Larson, Relating to the development of brackish groundwater. 5/31/2013, filed. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...

HB 25, by Larson, Relating to the underground storage of water for later retrieval and beneficial use; authorizing the imposition of fees. 5/31/2013, filed. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
June 2, 2013
 

Bulletin Editor's Column - June 2013  by Patricia Santogrossi

HGS President's Column - June 2013  by Martin Cassidy

The Wise Report
May 27, 2013
Henry M. Wise, P.G.

The Texas Board of Professional Geoscientists (TBPG) has proposed amendments to clarify the process for the first renewal of a Professional Geoscientist's (P.G.) license and the late renewal of a P.G. license; to clarify the continuing education requirements for a P.G. license that is renewed for less than one year; and to clarify the P.G. seal requirement when using an electronically-generated seal. For more information go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.htm...

The TBPG has adopted amendments to §851.30 that clarify the requirement that a Professional Geoscientist who performs or supervises the geoscientific work for a Geoscience Firm is required be an employee of the firm. The adopted amendments to §851.152 clarify the language that registration is required for business entities that offer or are engaged in the non-exempt public practice of geoscience in Texas. For more information go to: http://www.sos.state.tx.us/texreg/sos/adopted/22.EXAMINING%20BOARDS.html...
---------------------------------------------------------------------------------------------------------------------
The following filed bills may be of interest to Texas geologists. New information is listed in bold. Bills that have been passed are noted with an “*”:

*HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/23/2013 sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4

*HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 5/20/2013 sent to the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/30/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013, Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 4/30/2013, failed to receive affirmative vote in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 5/9/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 5/23/2013 sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

*HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 5/22/2013 sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 5/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 5/16/2013, sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/25/2013, signed in the House. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/25/2013, filed without the Governor's signature. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 5/8/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 5/6/25013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 5/2/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 5/10/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 5/9/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparity between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 5/24/2031, signed in the House. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district.4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee.For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

*SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 5/25/2013, sent to the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 5/14/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 5/14/2013, no action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/6/2013, not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 5/14/2013, failed to receive affirmative once in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 5/16/2013, left pending committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/16/2013, Sent to Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 5/7/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
May 27, 2013
 

The Wise Report
May 18, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold.  Bills that have been passed are noted with an “*”:

HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/17/2013, Conference committee report filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 2/17/2013, signed in the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/30/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013, Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 4/30/2013, failed to receive affirmative vote in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 5/9/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 5/20/2013, Placed on local & uncontested calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 5/17/2013, Senate amendments distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 5/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 5/16/2013, sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/20/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/14/2031, sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 5/8/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 5/6/25013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 5/2/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 5/10/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 5/9/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparity between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 5/15/2013, Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district.4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee.For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

*SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 5/17/2013, passed. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 5/14/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 5/14/2013, no action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/6/2013, not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 5/14/2013, failed to receive affirmative once in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 5/16/2013, left pending committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

*SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/16/2013, Sent to Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 5/7/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
May 18, 2013

The Wise Report
May 11, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members.  Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business.  5/8/2013, Senate appoints conferees-reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 5/13/2013, not again placed on intent calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/30/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 4/30/2013, failed to receive affirmative vote in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 5/9/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 5/9/2013, committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 5/3/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 5/7/2013, not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/14/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/9/2013, conference committee report diatributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 5/8/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 5/6/25013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 5/2/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 5/10/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 5/9/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 5/14/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 5/7/2013, committee report sent to Local & Consent Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 5/9/2013, referred to Energy Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/15/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/6/2013, not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 5/8/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 5/6/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/9/2013, committee report sent to Local & Consent Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 5/7/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
May 11, 2013

The Wise Report
May 4, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 5/7/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/30/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 4/30/2013, failed to receive affirmative vote in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 5/3/2013, reported engrossed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/30/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 5/3/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 5/7/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/1/2013, Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/1/2013, Senate appoints conferees - reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/26/2013, Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 5/2/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 5/2/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 5/7/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 5/2/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 5/2/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 5/2/2013, reported favorably without amendments. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 5/2/2013, received from the senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/15/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/6/2013, not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 4/19/2013, received from the Senate.For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 5/2/2013, received from the senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/24/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 5/7/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
May 4, 2013

Warren L. and Florence W. Calvert Memorial Scholarship Fund

The Warren L. and Florence W. Calvert Memorial Scholarship Fund provides scholarships to United States citizens who are graduate students that major in the earth sciences. Each year, half of the earnings of monies invested in the fund are paid out in scholarships, while the remaining half is added to the corpus of the fund. This growth factor, along with donations from individual HGS members, allows the fund to award larger scholarships each year to meet, at least in part, the increasing costs of a college education. This year the fund was aided by fees generated from the numerous HGS Vendor Corners. For 2012, the fund awarded eight $3500 scholarships and one half-year $1750 scholarship to nine exceptional graduate students.

The HGS and the Memorial Scholarship Fund Board gratefully acknowledge the following contributions to the Fund in 2012. The three categories of contributions are Patron at $500 or more, Donor $100 to $500, and Contributor at less than $100.

Patrons
Eugene Gibson (in memory of Elmer Dobbins)
HGS Legends Night
HGS Vendors Corner
Expeditionary Learning Center (in memory of James F. Webb)

Donors
Alan Anderson (in memory of James F. Webb)
Sheridan Conley

Contributors
Rogers Beall (in memory of James F. Webb)
George Bole
Martin Cassidy (in memory of James F. Webb)
LouAnn Gallager (in memory of James F. Webb)
Sidney Moran
John H. Newcomb

HGS President's Column - May 2013  by Martin Cassidy

Bulletin Editor's Column - May 2013  by Patricia Santogrossi

The Wise Report
April 27, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 4/18/2013, referred to Business& Comerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/26/2013, recommitted to committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 4/25/2013, returned to Local & Consent Calendars Committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/30/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 4/30/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 4/24/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/1/2013, Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 4/25/2013, House appoints conferees. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/26/2013, Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 4/18/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/26/2013, reported favorably without amendment(s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 4/26/2013, Reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 4/26/2013, reported favorably without amendment(s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 4/26/2013, passed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district.4/16/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 4/30/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 4/24/2013, committee report printed and distibuted. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/15/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/24/2013, committee report printed and distibuted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 4/19/2013, received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 4/24/2013, not again placed on intent calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/24/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
April 27, 2013
 

The Wise Report
April 20, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 4/18/2013, referred to Business & Comerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/19/2013, committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 4/15/2013, committee report sent to Local & Consent Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 4/23/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/19/2013, reported engrossed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 4/5/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 4/19/2013, reported engrossed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/5/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 4/17/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/11/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 4/18/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/14/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 4/16/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 4/16/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 4/8/2013, referred to Licensing & Administrative Procedures. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 4/23/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/15/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/23/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 4/19/2013, received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 4/15/2013, placed on intent calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/17/2013, Placed on Intent Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
April 20, 2013
 

The Wise Report
April 13, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 4/11/2013, received from the House. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/11/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 4/11/2013, reported favorably as substituted. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/18/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 4/5/2013, corrected committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 4/2/2013, House Committee report sent to Local & consent Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/5/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 4/10/2013, considered in public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/11/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 4/9/2013, no action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/14/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 4/11/2013, reported favorably without amendment(s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. Scheduled for public hearing on 4/17/2013.  For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 4/8/2013, referred to Licensing & Administrative Procedures. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/11/2013, received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 4/8/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 4/15/2013, placed on intent calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/9/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
April 13, 2013
 

The Wise Report
April 6, 2013
Henry M. Wise, P.G.

It’s amazing how fast things can change sometimes.  On Monday, April 1, 2013 Matt Cowan, President of Texas Association of Professional Geoscientists, informed me, among others, that an amendment to the Texas State Budget bill had been submitted by Representative Jeff Leach (Plano) to defund the Texas Board of Professional Geoscientists (TBPG) and give the money to the Texas Teacher's Retirement System for Health Insurance (no, this wasn’t an April Fool joke).  My understanding is that the Texas Commission on Environmental Quality (TCEQ) and the Texas Department of Agriculture, among others in different amendments, among others for the same purpose.  Thanks to the work Matt Cowan and John Mikels (Geos Consulting), among others, Representative Leach was convinced to withdraw the amendment against the TBPG on Wednesday April 3, 2013.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 4/9/2013, placed General State Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/5/2013, corrected committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 4/5/2013, corrected committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 4/2/2013, House Committee Report sent to Local & consent Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/5/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 4/9/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. Scheduled for public hearing on 3/27/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 4/9/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/14/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 4/3/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 3/14/2013, received from the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/2/2013, committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 4/8/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/9/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
April 6, 2013

HGS President's Column - April 2013  by Martin Cassidy

Bulletin Editor's Column - April 2013  by Patricia Santogrossi

The Wise Report
March 30, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 3/12/2013, committee report sent to Calendars. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. Scheduled for public hearing on 4/2/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 3/26/2013, Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 3/27/2013, Reported engrosed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 3/26/2013, reported favorably as sutstituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 3/20/2013, reported favorably as subsituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 3/26/2013, reported favorably without amendments. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 3/26/2013, Referred to Business & Commerce. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. Scheduled for public hearing on 4/2/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. Scheduled for public hearing on 4/2/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. Scheduled for public hearing on 3/27/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/14/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 3/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. Scheduled for public hearing on 4/3/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 3/14/2013, received from the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/26/2013, considered in public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Scheduled for public hearing on 4/2/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. Scheduled for public hearing on 4/2/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. Scheduled for public hearing on 4/2/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
March 30, 2013
 

The Wise Report
March 23, 2013
Henry M. Wise, P.G.

Seems like Texas isn’t the only state to have to defend its PG license.  My sources tell me that Indiana has a looming threat to licensing of its PGs.  A new bill could eliminate LPG as a licensed occupation in Indiana unless the legislature specifically acts prior to July 1, 2015. In addition, unless the legislature renews the LPG legislation every five years it will automatically expire.  Interestingly, engineers in Indiana are one of the few professions that are currently licensed that this bill does not include. Here is a link to the bill. http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2013&request=getBill&docno=520

A similar bill has been introduced in Missouri (HB-659) which would eliminate the requirement for a registered geologist to either do or supervise geologic work. Evidently South Carolina is facing the same thing and California is considering repealing their PG laws.  If you are working in any of these states you may want to help them stop these bills.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 3/12/2013, committee report sent to Calendars. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:

(1) substantially burdensome; and

(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.

(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “

This bill also opens the door to more attacks on the TBPG, among other Boards. 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB100

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 2/11/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 3/26/2013, Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 3/5/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 3/20/2013, reported favorably as subsituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 3/12/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1189.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 3/21/2013, Reported engrossed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/5/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2046.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 3/7/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. Scheduled for public hearing on 3/27/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2577.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2624.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/14/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2769.

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 3/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2992.

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3114.

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3250.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 3/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3539.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 3/14/2013, received from the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB206

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 2/19/2013, left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB272.

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB434.

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB467.

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB536.

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 3/5/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 3/13/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/8/2013, Filed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/8/2013, Filed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/8/2013, Filed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
March 23, 2013

Government Update

by Henry M. Wise, P.G. and Arlin Howles, P.G.

 If you’d like the most up-to-date Texas rules, regulations, and governmental meeting information we direct you to the HGS website to review The Wise Report. This report, which comes out as needed, but not more often than once a week, offers the most up-to-date information that may be of interest to Texas geologists.
 

AGI Government Affairs Monthly Review (February 2013)
Sally Jewell Nominated for Secretary of the Interior
In February, President Barack Obama nominated Recreational Equipment Inc. (REI) Chief Executive Officer Sally Jewell to serve as the next Secretary of the Interior. Jewell would replace outgoing Secretary Ken Salazar who served during Obama’s first term.

As Secretary of the Interior, Jewell would oversee the National Park Service, the Bureau of Land Management, the United States Geological Survey, and several other land management and regulatory agencies. She previously worked as an engineer for Mobil and commercial banker and has experience in conservation. The Senate Energy and Natural Resources Committee will hold a hearing to review her nomination on March 7, 2013.

House Proposes Bipartisan Bill to Avoid Helium Shortage
Representatives Doc Hastings (R-WA) and Edward Markey (D- MA) introduced the Responsible Helium Administration and Stewardship Act (H.R. 527) on February 6, 2013.

The bill would keep the Federal Helium Reserve open until nearly all the helium is sold, raise BLM helium prices closer to market value, open the sale of helium to more than just a few companies by implementing a semiannual auction, improve transparency, and prevent supply disruptions. It would require studies of international and domestic helium resources as well as the development of domestic and global helium demand forecasts, domestic helium use accounts, and assessments and research into the extraction and refining of the isotope helium- 3 and the viability of creating a facility to separate the isotope helium-3.

On February 14, 2013, the House Committee on Natural Resources held a hearing to receive testimony evaluating domestic helium demand and the role and future of the Federal Helium Reserve in the domestic market, and the proposed H.R. 527. AGI submitted a letter of support for H.R. 527 to the Natural Resource Committee and the Geoscience Policy web site includes a summary of the hearing.

The Federal Helium Reserve provides 42 percent of the domestic and 35 percent of the global helium supply. The Helium Preservation Act of 1996 (P.L. 104-273) directed the Bureau of Land Management (BLM) to sell the helium supply until the Reserve’s debt was paid. The debt is set to be paid in October and the Reserve will close ahead of the predicted closure date with significantly more helium remaining than the target amount.

Sanders and Boxer Unveil Climate Change Bill
Senators Bernie Sanders (I-VT) and Barbara Boxer (D-CA) introduced the Climate Protection Act of 2013 (S. 332) on February 14, 2013 that would price carbon, end the exemption of hydraulic fracturing from the Safe Drinking Water Act, require disclosure of fracturing chemicals, increase investment in energy efficiency and renewable energy technologies, establish a monthly rebate program for legal U.S. residents, and assess a carbon fee on imports from countries without similar carbon pricing standards. Sanders intends to introduce a companion bill that would eliminate fossil fuel subsidies and preserve the renewable energy tax incentive program.

The carbon price proposed of $20 per ton of carbon emitted with an annual 5.6 percent increase for ten years, is projected to raise $1.2 trillion in revenue in ten years and decrease greenhouse gas emissions by 20 percent by 2025 from 2005 levels. Investments in efficiency and renewables include weatherizing one million homes every year, tripling the budget for the Advanced Research Projects Agency - Energy, investing $500 billion in efficiency and renewable technology, and creating a worker training program for the clean energy industry.

Sanders and Boxer hope the momentum initiated by President Obama’s call to address climate issues in his State of the Union will help move the bill forward. Environmental groups supporting the bill include 350.org, the Sierra Club, Public Citizen, the National Community Action Foundation, and the Center for American Progress.

Senate Environment Committee Hosts Climate Briefing
Senator Barbara Boxer (D-CA), Chair of the Senate Environment and Public Works Committee, hosted a briefing on February 13, 2013 to address the latest findings in climate science research.

The participants were Donald Wuebbles, professor of Atmospheric Science from the University of Illinois; Marshall Shepherd, president of the American Meteorological Society; John Balbus, senior advisor for Public Health at the National Institute of Environmental Health Sciences; and James McCarthy, professor of Biological Oceanography at Harvard University. An archived webcast of the event can be found on the committee’s web site http://www.epw.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&H... 8682-f7dd-13242e8035d1).

CRS Report: Oil and Gas Production on Federal and Non- Federal Lands
The Congressional Research Service (CRS) released a report on February 28, 2013 outlining trends of decreasing oil and gas production on federal lands and increasing levels on non- federal lands.

The percentage of oil produced on federal lands decreased by seven points from fiscal years (FY) 2007 to 2012. Within that time frame, production on federal lands surged to a high of 36.5 percent of total U.S. production in FY2010, and then fell below FY2007 levels to 26 percent by FY2012. Historically, oil production on federal lands amounted to less than 20 percent and only rose to 30 percent in the early 2000s. On non-federal lands, modest shifts in production levels between FY2008 and FY2010 were followed by substantial growth between FY2010 and FY2012.

Domestic natural gas production increased 20 percent or four trillion cubic feet since 2007. Non-federal lands witnessed an increase in production by 40 percent, while federal lands witnessed a decrease of 33 percent. The report noted that major shale gas plays are located principally on non-federal lands.

Landsat Data Continuity Mission Launch Successful
On February 11, 2013 the National Aeronautics and Space Administration (NASA) launched the Landsat Data Continuity Mission (LDCM), or Landsat 8, from Vandenberg Air Force Base, CA. Landsat 8 is equipped with visible, near-infrared, short-wave infrared, and thermal infrared imaging capabilities and a moderate-resolution of 15 m to 100 m. One hundred days after the launch, the U.S. Geological Survey (USGS) will take control of Landsat 8’s operation and data collection and dissemination.

The Landsat program has provided 40 years worth of continuous data and Landsat 8 ensures the continuation of data collection beyond the operation of the aging Landsats 5 and 7. Landsat images assist in tracking, understanding, and managing landscape changes, especially in terms of food, water, and forest resources.

2013 USGS Mineral Commodity Summaries Released
On February 7, 2013, the U.S. Geological Survey announced the release of the Mineral Commodity Summaries for 2013 which details events, trends, and issues related to each mineral commodity. The report contains data on domestic industry structure, government programs, tariffs, 5-year salient statistics, and world production and resources. Over 90 minerals and materials are included as well as information on government stockpiled mineral commodities.

The report indicates that the reopening of Molycorp Inc.'s Mountain Pass mine in California has created a domestic source of rare earth elements (REE), reducing dependence on importing REE’s. Exports of raw mineral and scrap amounted to $21 billion. For the third year in a row, U.S. nonfuel mineral production increased. Almost all metals experienced a decrease in production and prices while other industrial mineral commodities witnessed an increase.

EPA Draft Climate Adaptation Plan Available for Comment
The U.S. Environmental Protection Agency (EPA) released the draft of their 2013 climate change adaptation plans in February 2013 as required by President Obama’s 2009 Executive Order 13514.

The report establishes a framework for supporting and prioritizing the EPA’s future actions to adapt their operations with regard to climate change. EPA states that climate change will require them to adjust their operations due to sea-level rise, snowpack reduction, drought, high temperatures, and more extreme weather. These impacts necessitate improved watershed, wetland, and water supply protection; emergency management plans; grant and loan plans; contamination reduction; and understanding of energy efficiency programs.

Other federal agencies including the Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), Department of the Interior (DOI), National Aeronautics and Space Administration (NASA), Department of Energy (DOE), and National Oceanic and Atmospheric Administration (NOAA) released climate change adaptation plans in 2012.

DOE Defends Decision to Continue Collecting Fees for Nuclear Waste
On January 31, 2013, the National Association of Regulatory Utility Commissioners (NARUC) filed a motion to reopen a 2011 case against the Department of Energy (DOE) and review its 2010 Secretarial Determination of the Adequacy of the Nuclear Waste Fund Fee. On February 14, 2013 DOE responded saying it would not object to reopening the case.

Under the Nuclear Waste Policy Act (24 U.S.C. 10101), nuclear power generators have to pay a fee of one mill per kilowatt hour of nuclear-generated electricity. Revenues generated by the fee are deposited into a Nuclear Waste Fund and available to DOE to pay for the permanent disposal of commercial spent fuel and high-level radioactive waste. NARUC originally opened the lawsuit because of the Obama Administration’s decision to terminate the proposed Yucca Mountain geologic repository.

Fukushima Nuclear Plant Flooded Daily By 400 Tons Of Groundwater (RT, http://rt.com/news/fukushima-nuclear- plant-disaster-013/)

Groundwater flooding has become a major problem for Tokyo Electric Power Co (Tepco), with hundreds of tons of water seeping daily into the damaged reactor buildings. Experts predict overall clean-up works at the site could take up to 40 years.

Stopping the groundwater is crucial, says Tepco's general manager for research and development of Fukushima Daiichi decommissioning, Shunichi Suzuki, adding that "Every day we have approximately 400 metric tons of groundwater."

Tepco is now building a bypass system to try to stop the water, flowing from high ground into the buildings, mixing with the water already being poured onto the leaking reactors through a jerry-rigged cooling system.

"One approach we are considering is putting grout like cement. In other words, filling it in. That would block all the holes," Suzuki said as cited by Reuters, adding that removing the groundwater may take from two to four more years.

One of the most challenging tasks for the operator remains the disposal of water contaminated after it is poured onto the reactors. Radioactive material must be filtered out and stored.

Work to treat and store the contaminated water is behind schedule, partly because of the groundwater flooding in. On Thursday, the company announced another delay in an operation to remove radioactive material from the water.

The Japanese government has told the facility to revise by June its roadmap for cleaning up the site, which is expected to take well over a quarter of a century.

"What we need to do is isolate, remove and store the damaged and broken nuclear fuel safely. This work will take 30 to 40 years to complete," plant manager Takeshi Takahashi told the media.

Experts say it could cost at least $12 billion to close the reactors down.

Monday it will be two years since the worst atomic disaster since Chernobyl in 1986. On March 11, 2011, an earthquake and a subsequent tsunami knocked out cooling equipment at the company's Fukushima Daiichi plant north of Tokyo, leading to the meltdown of three reactor cores. More than 160,000 people were forced from their homes.

Another earthquake or tsunami could be fatal for the crippled Fukushima nuclear plant, according to a nuclear engineer, as two years after the disaster it’s still vulnerable to natural disasters.

"What remained intact after the disaster is completely fragile and when the next one comes it's going to collapse," he told The Weekend Australian newspaper.

Local residents are still unaware if it’s safe to return to their homes in the disaster area of Fukushima prefecture. The displacement caused huge psychological distress, becoming one of the biggest health issues which emerged from the disaster, according to experts, while attention is also focused on the potential cancer risks years after the tragedy.

A health questionnaire sent to Fukushima residents by the Fukushima Medical University found that around 15 percent of the 67,500 respondents indicated high levels of stress - much higher than the 3 percent among the general population of the country.
 

The Wise Report
Martch 17, 2013
Henry M. Wise, P.G.

The Texas Board of Professional Geoscientists (TBPG) has proposed amendments to the following two rules:

• A proposal of amendment to 22 TAC 851.30, regarding firm registration; it is proposed to remove the requirement that a P.G. who performs or supervises the geoscience work for a Geoscience Firm must be a regular full-time employee.
• A proposal of amendment to 22 TAC 851.152, regarding firm compliance; it is proposed to remove the requirement that a firm that offers or is engaged in the non-exempt public practice of geoscience in Texas has 30 days to comply with written notice from TBPG regarding the requirement to be registered with TBPG.

To submit comments on either of these proposed rules, please submit comments in writing to TBPG at P O Box 13225, Austin, TX 78711, or by e-mail to chorton@tbpg.state.tx.us by April 8, 2013. All comments received on the proposed amendments will be reviewed by the Board at its next Board meeting on Friday, April 19, 2013 in Austin, Texas. For more information go to: http://r20.rs6.net/tn.jsp?e=001vxkDohosxnqU150mCYl2QQCPWL-UrbJG5h9o-od3d...

Friday, March 8, 2013 was the official last day to file bills for this session. This should be final list of bills of interest to Texas geologists, but I’ll be watching to see if any new ones slip through. New information is listed in bold (one new bill listed):

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 3/12/2013, committee report sent to Calendars. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:

(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. This bill also opens the door to more attacks on the TBPG, among other Boards. 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Scheduled for public hearing on 3/19/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/6/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 2/11/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 3/13/2013, Reported favorably without amendment (s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 3/13/2013, Reported favorably without amendment (s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 3/19/2013, Scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 3/5/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 3/13/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 3/12/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 3/20/2013, Placed on Major State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/5/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 3/7/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 3/7/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/6/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 3/6/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 3/6/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 3/6/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/14/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 3/7/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 3/7/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=.... HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 2/5/2013 Committee report printed and distributed. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 2/19/2013, left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 3/5/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 3/13/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 3/8/2013, Filed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/8/2013, Filed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/8/2013, Filed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/8/2013, Filed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/12/2013, received by the Secretary of the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
March 17, 2013

The Wise Report
March 2, 2013
Henry M. Wise, P.G.

The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold (one new bill listed):

The recently revised Construction General Permit for Stormwater becomes effective on Tuesday, March 5, 2013, and all authorizations issued under the current CGP will expire. For coverage under the new permit, a Notice of Intent (NOI) should be submitted after March 5, 2013. Operators of large construction activities previously authorized under the expiring CGP have 90 days to submit a new NOI and application fee. The new CGP and the updated forms will be posted on the TCEQ website at: http://www.tceq.texas.gov/permitting/stormwater/wq_construction.html

Bloomberg reports the series of automatic Federal spending cuts will result in an estimated $154 million reduction in federal funding for state environmental programs, according to the White House Council on Environmental Quality. The news organization reports environmental funding for Texas would will be $8.47 million less.  An estimated $46.2 million in anticipated cuts to federal fish and wildlife protection grants is also outlined in the e-mail. For the full story go to: http://newsmanager.commpartners.com/linktrack.php?url=http%3A%2F%2Fwww.b....

Today, the Texas Senate unanimously confirmed the appointment of Toby Baker of Austin to serve as a Commissioner of the Texas Commission on Environmental Quality. Comm. Baker has been serving in that capacity since his appointment by Governor Rick Perry on April 16, 2012. His term will expire on Aug. 31, 2017. For the complete announcement go to:  http://www.tceq.texas.gov/news/releases/2-13BakerConfirmed2-27
 

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. Scheduled for formal meeting on 3/4/2013.  For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
 
HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards.  2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
 
HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 2/18/2013, referred to Energy Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
 
HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/6/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
 
HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 2/11/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
 
HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426
 
HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
 
HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. Scheduled for formal meeting on 3/6/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
 
HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 2/18/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
 
HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. Scheduled for formal meeting on 3/5/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 2/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. Filed 3/1/2013.  For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. Filed 3/1/2013.  For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...
 
SB138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 2/5/2013 Committee report printed and distributed. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...
 
SB 272, by Seliger, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 2/19/2013, left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=....
 
SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. Filed 2/27/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
 
SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and   existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". Filed 2/28/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
March 2, 2013

Bulletin Editor's Column - March 2013  by Patricia Santogrossi