Carolyn's Legislative Update, TAGD February 2015 Quarterly Meeting

Legislative Update

Carolyn Cadena

Texas Alliance of Groundwater Districts

TAGD Quarterly Meeting

February 12, 2015

Committee Assignments: Senate

• Charles Perry – Chair

• Judith Zaffirini – Vice Chair

• Brandon Creighton

• Bob Hall

• Juan “Chuy” Hinojosa

• Lois Kolkhorst

• José Rodriguez

Committee on Agriculture, Water & Rural Affairs

Committee Assignments: Senate

• Troy Fraser – Chair

• Craig Estes– Vice Chair

• Brian Birdwell

• Bob Hall

• Kelly Hancock

• Juan “Chuy” Hinojosa

• Eddie Lucio, Jr.

• Robert Nichols

• Carlos Uresti

• Kel Seliger

• Judith Zaffirini

Committee on Natural Resources & Economic Development

Committee Assignments: House

• Dennis Bonnen

• Jim Keffer

• Tracy King

• Eddie Lucio III

• DeWayne Burns• James Frank• Kyle Kacal• Lyle Larson• Poncho Nevárez• Paul Workman

Committee on Natural Resources

Seniority Appointments Speaker Appointments

Chair: Jim Keffer Vice-Chair: Trent Ashby

TWCA Consensus Bills

• HB 950 – State Auditors Office Bill

• HB 930 – TDLR Bill

• HB 655 – ASR Bill

• HB 1248 – Permitting Bill

• HB 1221 – Seller’s Disclosure Bill

TWCA Consensus Bills

• Eliminates SAO review of groundwater management activities

• SAO would continue to review financial transactions

HB 950 – State Auditors Office Bill

TWCA Consensus Bills

• Apprentice well driller program & apprentice pump installer program

• Well driller must supervise conversion of oil & gas well to a water well

• TDLR field operator program

HB 930 – TDLR Bill

TWCA Consensus Bills

• Moves ASR from Chapter 11 to Chapter 27

• No more pilot projects

• TCEQ will have exclusive jurisdiction

• No surface water right amendment for storage of surface water in ASR project

HB 655 – ASR Bill

TWCA Consensus Bills

• TCEQ must consider(1) SDWA compliance(2) extent to which injected water is recoverable(3) potential impact on existing wells(4) potential for groundwater degradation

• Project may not produce more water than recoverable amount

HB 655 – ASR Bill (cont.)

TWCA Consensus Bills

• If withdrawal exceeds recoverable amount, GCD spacing, production, and permitting rules & fees apply

• ASR wells must register with GCDs and pay regular fees

• Metering and reporting requirements

• DFC planning

• EAA, BSEACD, & Subsidence Districts exempt

HB 655 – ASR Bill (cont.)

TWCA Consensus Bills

• Amends the Texas Property Code

• Requires sellers of residential real property to include GCD information on the disclosure form provided to potential buyers

HB 1221 – Seller’s Disclosure Bill

TWCA Consensus Bills

• Automatic renewal of production permits

• Exceptions:(1) delinquent in paying GCD fees(2) pending GCD enforcement for substantive violation(3) unpaid penalty or failure to comply after violation

• For denied amendment requests – chance to renew old permit

HB 1248 – Permitting Bill

Brackish Bills

• HB 30 – Similar to HB 2578 from last session

• HB 835 – TAGD’s bill

• HB 836 – long bill from TWCA process

Brackish Bills

• Similar to HB 2578 that passed House last session

• RWPs must consider large-scale desal facilities

• Brackish groundwater production zones (BGPZs)

• GCD permitting within BGPZs

• Management plans must include goals for brackish development

• DFCs do not apply to BGPZs

HB 30

Brackish Bills

• Individual may petition GCD to designate a brackish groundwater management zone (or GCD’s own initiative)

• GCD forwards to TWDB for a technical report

• GCD must adopt rules for production permits in zone

• GCDs can implement additional restrictions if monitoring shows impacts greater than anticipated

HB 835

Brackish Bills

• Initiated by GCD or developer’s petition to GCD

• Areas where brackish GW can be produced without “unreasonable negative impacts” on GW quality & quantity, exiting GW users, and DFCs

• No BGPZs where formation is a primary source of water supply (municipal or agricultural)

• GCD hearing, TWDB recommendation, & petition for review

HB 836 – 2 Step Process

Step 1 – BGPZ Designation

Brackish Bills

• GCD must process as an uncontested permit application

• Production limits, permit terms, monitoring requirements must be consistent with zone designation

• 30 year max permitting term

• Amendments only to achieve original assumptions of zone designation

• Production & export fees may be imposed

HB 836 – 2 Step Process

Step 2 – Permit Process

Water Planning Bills

• HB 632 – water projects in another RWP area

• HB 928 & SB 329 – drought contingency

• SB 77 – climate adaptation plans

• SB 78 – State Water Plan requirements

Water Planning Bills

• Applies to inclusion in RWPs of proposals for construction of a project in another RWP area

• Requires 2/3 consent of members of other RWPG for inclusion in RWP

HB 632

Water Planning Bills

• WCAC must monitor drought info & recommend methods for drought contingency plan evaluations

• Public water suppliers & irrigation districts must submit plans to TCEQ TCEQ will post water supplier info online

• TWDB and WCAC will review & update BMP guide for water conservation including BMPs for drought response

HB 928 & SB 329

Water Planning Bills

• Climate adaptation plans

• Applies to TCEQ & TWDB

• Based on current peer-reviewed climate science

• Plan must be publicly accessible

SB 77

Water Planning Bills

• State Water Plan required information

• Best available science (BAS) – future water availability & future water use

• State Water Plan guidance principles must consider BAS in forecasting future water availability & environmental flow standards & set-asides

SB 78

Takings Bill

• Amends definition of taking to series of actions within a 10-year period

• Taking possible if reduces the market by 20% (currently 25%)

• Taking could occur if 20% reduction of revenue/income from use or sale of the property

• Applies to municipalities & actions taken to comply with federal or state law

• Applies to actions to prevent waste or protect rights of owners of interest in groundwater

SB 360

Buffer Zones

• Establishes buffer zones – 5 miles outside the boundaries of a PGMA

• Commercial drillers in buffer zone must apply to TWDB and any GCD in the territory the well is located

HB 1191

Oil & Gas Bills

• SB 440 – local prohibitions on fracking

• SB 517 – notice of injection wells

Oil & Gas Bills

• Prohibits counties & municipalities from prohibiting hydraulic fracturing

SB 440

Oil & Gas Bills

• If a proposed injection well is within a 10-mile radius of a GCD, this bill would require an applicant for an injection well permit to provide notice to the GCD.

SB 517

Water Well Confidentiality Bill

• Protects from Public Information Act disclosure GW withdrawal reports submitted by well owners to GCDs

• Well owner must submit written request for confidentiality

• GCD may release info only if summarized so individual owners/parcels cannot be identified.

• Does not apply to public entities

HB 898

TCEQ Related Bills

• HB 190 – environmental analysis

• HB 201 & SB 109 – water right application process

• HB 1113 – CCH standard of review

TCEQ Related Bills

• Environmental analysis required before adoption of an environmental rule

• Potential costs & environmental effects of the rule

• TCEQ must publish

HB 190

TCEQ Related Bills

• Water right application process & procedures

• Includes timelines for the TCEQ & applicants

HB 201 & SB 109

TCEQ Related Bills

• TCEQ’s determination of standing is discretionary; no evidentiary hearing required

• Court may reverse & remand TCEQ only if TCEQ:(1) failed to consider factor required by law to be considered(2) considered an irrelevant factor(3) reached a completely unreasonable result

HB 1113

TWDB Related Bills

• HB 280 – SWIFT info required on website

• SB 413 – TWDB board member requirements

TWDB Related Bills

• Information required by TWDB to be posted on website regarding use of SWIFT

HB 280

TWDB Related Bills

• Changes required experience of TWDB board membersCurrent: one member each with experience in engineering, finance, and law or businessProposed: one member each with experience in engineering, finance, and production agriculture

• One board member must reside in rural area & registered voter of county less with population < 155,000

HB 413

Railroad Commission Bill

• Constitutional amendment that would change the name of the Railroad Commission of Texas to the Texas Energy Commission

HJR 76

Elections & Public Office Bills

• HB 484 – candidate requirements

• SB 63 – term limits

Elections & Public Office Bills

• Candidates for candidate eligibility or to hold public elective office must be registered to vote in the territory of the elective office for at least 12 months

HB 484

Elections & Public Office Bills

• 8-year term limits for state, district, and political subdivision offices filled by popular election

• Service in more than one board position is considered service in the same office

• Does not apply to service before January 1, 2016

• Does not apply to an office if another law imposes a more restrictive term limit

SB 63

Notice & Public Information Bills

• HB 139 – notice to comptroller

• HB 685 – Public Information Act info on website

• HB 814 & SB 392 – notice online instead of newspaper

• HB 1019 – notice on newspaper’s website

• SB 309 – online database for political subdivisions

Notice & Public Information Bills

• Political subdivisions must provide to the comptroller notices that are required by law to be published in a newspaper

• The comptroller must post the notices to the comptroller’s website

HB 139

Elections & Public Office Bills

• A political subdivision may comply with a Public Information Act request by referring the requestor to its website if the requested information is identifiable and readily available on the website

HB 685

Elections & Public Office Bills

• Governmental bodies may post notice of a meeting online rather than in a newspaper

HB 814 & SB 392

Elections & Public Office Bills

• A governmental entity may publish notice on a newspaper’s internet website rather than in the newspaper.

• Requires newspapers to establish an internet-only option for publication and meet certain other criteria to be a qualified newspaper for notices

HB 1019

Elections & Public Office Bills

• Comptroller – Political Subdivision Public Information Warehouse

• Data on political subdivisions’ tax rates, amount of debt, website address, & appraisal district website address

• Political subdivisions must provide data on boundaries to the comptroller by September 1, 2016 or within 6 months of any dissolution, annexation, or consolidation

SB 309

Previews of Upcoming Summaries

• HB 1232 – TWDB mapping of groundwater in aquifers

• HB 1296 – affects appointment of certain representatives to certain RWPGs

Questions?Carolyn Cadena

carolyn@texasgroundwater.org

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