The Texas Commission on Environmental Quality (TCEQ) Commissioner's Workgroup met on Aug. 28. The report below covers the agenda items relating to the agency operating budget, the 84th Session, and the granting of federal funds through the RESTORE act. A video recording of the hearing is also available via archive.
Consideration and Approval of the Agency’s FY 2016 Recommended Operating Budget.
- Increase of $126 million, increase is due to TERP and LIRAP and some other riders
- Fee funds are allocated at 86% of total appropriations
- Increase of 34 FTEs generally, Office of Compliance receives 20, Office of Water receives 14
- Overall capital budget increased by $3 million, phone replacement and vehicles mostly
- Data center budgetary allocation likely to remain and increase from year to year
- Vehicle replacement program will help stop some budget bleed, but could “always use more money” for vehicles
- Approved
Discussion of the Monthly Enforcement Report.
- 1,489 executive administrative orders, resulting in millions of payments to TCEQ
- Around 2,000 cases are pending, 37 judgments have been issued, 100 from the backlog
- Notices of violation have increased, Public Drinking Water Program has driven the increase from streamlining of data processing and new seasonal monitoring data
- Commissioner asks after specifics of streamlining
- Water Department responds that data collection tools have been improved and allowed many more timely violation notices that provide for a quicker response, overall fewer noncompliance issues
- Commissioner wonders if SEPs are undertaken more by public or private entities
- No data on public/private split, but many entities taking advantage of pre-approved SEPs, more general awareness might be causing increase in participation
Administrative Penalty Update
- Collected from 295 entities, 35 have payment plans, 16 are classified as non-collectable
- Collected $300k, another $1.5 million pending collection
- Collection rate will increase as a result of continued efforts
- Commissioner asks how current collection rate compares to historical rate
- Down around 20%, deadlines prevent true comparison at this time
Discussion of legislative issues and implementation from the 84thLegislative Session.
- Very productive session for the TCEQ
- 6,276 bills filed, 1,322 bills passed, 638 bills analyzed by TCEQ, 172 of those passed
- Of key bills, 17 passed
- Increased budget by 20%, TERP, LIRAP, and funding for SO2 monitors
- Key bills
- SB 709 – Contested case bill, “affected person” standard changes
- HB 2031, HB 4097 – Expedite seawater desalination
- HB 942- Transfers chemical program from DSHS to TCEQ, as well as 10 FTEs
- HB 655 – Aquifer storage and recovery in GCDs
- No air quality bills passed
- SO2 monitoring program lacks guidance from EPA, but deadline for placement is unchanged, staff will need to figure out where to place effectively
- Deadline has been met, may have to argue with the EPA or move some monitors when EPA decide where monitors should go
Discussion of Brazos Watermaster Implementation and Program Status.
- Brazos Watermaster covers 930 water right holders
- Several municipalities and water supply companies as well as private individuals
- Interplay of water right and contract water makes region hard to manage
- Communicating with all holders to attempt to solve issues
- Lake Leon area of particular interest
- WAC is moving to quarterly meetings
- WAC will present budget and comments to TCEQ on September 9th
- 539 diversion requests received so far, program is very busy
- June rains have decreased water right usage by Ag users
- Program has received funding for 6 vehicles to replace vehicles borrowed from TCEQ
- Meters are typically $1,000 and up, about 426 holders are not using their water right currently
- Meters are not required until right holders choose to divert
- Chair asks what the process is for diverters who have not received approval
- Program tries to educate unauthorized diverters
- Commissioner asks if the cost of frequent meetings is absorbed by the WAC and if teleconferencing is available
- Cost is absorbed and the 15 members of the WAC have decided to meet in person
- Program has not issued curtailments yet, some sources are beginning to slow down so program will start to looks at this
Discussion of the federal RESTORE ACT and upcoming related activities.
- RESTORE ACT built in response to BP oil spill
- $2.4 billion from BP total
- National Fish and Wildlife Fund, Texas to receive $200 million through NFWF
- Natural Resource Damage Assessment, goal is to monetize damage to environment from damaging party
- BP agreed to give $1 billion in early restoration funds, idea was to give each state involved $100 million from these funds, Texas has gotten part of this and negotiations are ongoing
- Amount of civil penalties is so large Congress decided to formulate RESTORE ACT, created Restoration Council, a stand-alone federal agency
- BP to pay $4.4 billion to RESTORE trust fund, $1.1 billion to Federal Oil Spill Liability Trust Fund
- $238 million to Texas for NRDA, $150 million for economic damages
- Funds gathered from RESTORE ACT
- 35% is direct fund to state
- Projects can apply and Restoration Council decides which to approve
- Texas has not received any money dedicated to Restoration Trust Fund yet
- 2013, council received $1 million from Governor’s Office via grant or gift to assist with implementation of RESTORE ACT
- Biggest gain from this is development of Restoration Website that will handle all project application
- Council has released a priorities document, public comment being taken until October 9th
- Council will conduct “listening sessions” in Galveston, Beaumont, Brownsville, and Corpus Christi
- Council is developing long-range master plan
- Projects are submitted to the Council and compete against projects, funding is not granted to Texas and Texas is not able to freely allocate those funds to in-state projects