The commission met to discuss several agenda items.  This report focuses on amendments to the Texas Administrative Code, the sunset review process presentation, and air regulation concerning oil and gas.
 
Item 458. Amendment of various rules in 16 Tex. Admin. Code Chapters 9, 13, and 14 pursuant to Senate Bill 807 (84th Legislature, 2015).
Haley Cochran, Office of General Counsel

  • SB 807 added $55.009 to Texas Occupations Code, requiring licensing application fee be waived  for military service members, military veterans, or military spouse given certain conditions met
  • Proposed rules 9.14, 13.76, and 13.014 seek to address the new fee requirements, set to be published in the Oct. 23 issue of the Tex. Register
  • Staff also wishes to post exemption forms to website for public review
  • Recommendation to publish approved

 
Item 459. Update on Sunset Commission review process from Sunset Commission staff.
Sunset Staff

  • Looking primarily at effectiveness, efficiency, and accountability and will make statutory and management recommendations
  • Looking to publish report at the end of April, seven month review process, decision meetings scheduled after
  • First step is self-evaluation, proceeds to information gathering and in-depth interviews focusing on day-to-day operations, also look to outside opinions
  • Agency will receive draft report before the draft is published, exit conference will discuss potential changes to the report
  • After report is published, agency will be asked for a formal response
  • Both the sunset staff and agency staff will present on the recommendations to the sunset commission, commission will review all information and decide final recommendations
  • Bill will be drafted from the recommendations, bill must pass for the agency to continue
  • Compliance process will follow
  • Commissioner Sitton asks if the current sunset review uses past sunset review information
    • All past information can be looked at as well, no work is thrown away
  • Sitton comments that commission is eager to work with sunset staff

 
Item 462. Pending and/or contemplated litigation, rulemakings, and other actions initiated by or involving the U.S. Environmental Protection Agency, U.S. Department of Interior, U.S. Department of Transportation, and other federal agencies that may impact the State of Texas, including, but not limited to, the energy, pipeline, and natural resource industries.
David Kooney

  • Sept 18 EPA published new air rules that affect oil and gas, including:
    • Concerning new source procedures, will require operators to use infrared cameras to scan sites in Texas to find and fix leaks within 15 days
    • Applicability, operators in ozone non-attainment areas will have to comply with new source rules
    • Concerning aggregation of activities, could dramatically change how oil and gas air regulation happens within Texas, looks at areas and aggregates operations into one issue
    • Compliance alert has been issued
  • Endangered Species Act, parties are evaluating impact of  Judge Junell’s ruling removing the Lesser Prairie Chicken from the threatened species list
  • Participated in workshop on the Spot-tailed Earless Lizard, various universities are studying the lizard for potential listing
  • Chairman Porter and Commissioner Craddick highlight importance of air regulation discussion