Funding
Funding for the Texas Commission on Environmental Quality (TCEQ) in HB 1 provides $236.3 million from the General Revenue–Dedicated Texas Emissions Reductions Plan (TERP) Account to fund TERP for the 2016–17 biennium, $81.0 million above 2014–15 biennial levels. Funding also provides $196.4 million from the General Revenue–Dedicated Clean Air Account No. 151 for the AirCheck Texas program, an increase of $87.1 million as compared to 2014–15 levels.
Bill Spotlight
HB 30 (Larson/Perry) relating to the development of brackish groundwater. The bill requires regional water planning groups to include information on the opportunities for and the benefits of large-scale desalination facilities for brackish & seawater that serve local or regional brackish groundwater production zones. The TWDB biennial progress reports would have to include an identification and designation of brackish groundwater production zones for certain areas of the state. The bill was signed by the Governor June 19, 2015 and became effective immediately.
HB 163 (Larson/Perry) relating to interstate cooperation to address regional water issues. The legislation was very similar to HB 1189 (Larson- 83rd Regular). The bill would establish the Southwestern Water Commission to replace the Multi-State Water Resources Planning Commission. The purpose of the Commission would be to advise the Governor and the Legislature on cross-boundary water issues. The bill was signed by the Governor June 15, 2015 and becomes effective September 1, 2015.
HB 200 (Keffer/Perry) would amend various sections of Chapter 36 of the Texas Water Code related to the regulation of groundwater. The bill would allow an affected person to petition a groundwater conservation district (GCD) to contract with the State Office of Administrative Hearings (SOAH) to conduct a contested case hearing to review the reasonableness of a Desired Future Condition (DFC) adopted by a GCD. Texas Water Development Board (TWDB) would conduct an administrative review of a petition submitted by a GCD and perform a scientific and technical study of the desired future conditions according to various listed criteria – the bill provides additional steps in the contested case hearing process. The bill was signed by the Governor June 19, 2015 and becomes effective September 1, 2015.
HB 280 (Simmons/Perry) relating to the information required to be posted by TWDB on the board's Internet website regarding the use of the state water implementation fund for Texas (SWIFT). Regular post and updated information will include: amounts of bonds issues, terms of bonds, status of repayment of loan and default risk, a description of the point system for prioritizing projects, among other things. The bill was signed by the Governor May 28, 2015 and becomes effective September 1, 2015.
HB 655(Larson/Perry) provides a process for water rights holders to undertake an aquifer storage and recovery system. The bill provides TCEQ exclusive jurisdiction over the ASR injection wells and lists processes. The bill would remove the water rights requirement for term permits or existing permit amendments for sourcing surface water for aquifer storage and recovery projects for water rights holders and persons who have contracted for the use of water that does not prohibit an aquifer storage and recovery project. It also removes the requirement for completed pilot projects prior to permitting. The bill would mandate that groundwater conservation districts (GCDs) not require permits for the drilling and operation of aquifer storage or recovery wells except where the amount recovered is greater than the amount authorized as part of the TCEQ Class V permit. The bill would further provide that GCDs may assess well registration and administrative fees but may not assess production or export fees or surcharges except for recovered water amounts in excess of those authorized by TCEQ. The bill was signed by the Governor June 16, 2015 and became effective immediately.
HB 994 (Anchia/West) makes permanent the “prop 2” property tax pollution control equipment for a landfill gas gathering facility. The original exemption established by HB 1987 (83rd R) was set to expire Dec. 31, 2015. Property located on or in close proximity to a facility but which is not used for landfill-generated gas conversion is not exempt. The bill was signed by the Governor June 20, 2015 and becomes effective January 1, 2016.
HB 1232 (Lucio/Estes) requires the Texas Water Development Board (TWDB) to conduct a detailed statewide study on the hydrology and geology of confined and unconfined aquifers. The study would be due no later than December 31, 2016. The bill was signed by the Governor May 28, 2015 and became effective immediately.
HB 1535 (Frullo/Fraser) relating to rates of and certificates of convenience and necessity for certain non-ERCOT electric utilities. The bill was signed by the Governor June 17, 2015 and became effective immediately.
HB 1902 (Howard/Zaffirini) amends the Health and Safety Code and Water Code to also require TCEQ to adopt and implement minimum standards for the use and reuse of alternative onsite water (in addition to the current law requirement of adopting minimum standards for graywater). The bill makes various changes related to the regulation and use of graywater and alternative onsite water. The bill was signed by the Governor June 16, 2015 and became effective immediately.
HB 3405 (Isaac/Campbell) expands Barton Springs Edwards Aquifer Conservation District to cover the Trinity Aquifer section in Hays County. The bill was filed without the Governor’s signature and became effective June 19, 2015.
SB 394 (Perry/P. King) amends the Water Code to require the TCEQ to approve a supplemental environmental project for cities and counties that are first time offenders of a particular environmental offense. The bill was signed by the Governor June 19, 2015 and became effective immediately.
SB 523 (Birdwell/Bettencourt) makes 18 Texas river authorities subject to review by the Sunset Advisory Commission, but not abolishment, from fiscal years 2017 to 2023, and every 12 years thereafter. The bill establishes a schedule for reviewing all of the authorities over the next four biennia. The bill was signed by the Governor June 19, 2015 and became effective immediately. More details on the Sunset schedule can be found in the Sunset section of the 84th Session Wrap-Up.
SB 551 (Seliger/Keffer) requires the Water Conservation Advisory Council to submit recommendations for legislation to advance water conservation in Texas as part of their biennial reporting requirement. The bill was signed by the Governor June 19, 2015 and becomes effective September 1, 2015.
SB 709 (Fraser/Morrison) shifts the burden of producing evidence from the applicant to protesting parties in contested case hearings (CCH) on applications with the Texas Commission on Environmental Quality (TCEQ) for air quality; water quality; municipal, industrial and hazardous waste; and underground injection control permits. The bill would limit the issues that could be referred to the State Office of Administrative Hearings (SOAH) to the factual disputes actually raised by the "affected person." Finally, it would limit the time for a CCH to no longer than 180 days from the date of the preliminary hearing. The bill would require that TCEQ provide notice of its rules related to administrative hearings to be posted on the internet. The bill also would require the TCEQ to provide notice to the state senator and state representative of the area when a facility within that member's jurisdiction is issued a draft permit. The bill was signed by the Governor May 23, 2015 and becomes effective September 1, 2015.
SB 991 (Rodriguez/Larson) relating to a requirement that the General Land Office conduct a study regarding the use of wind or solar power to desalinate brackish groundwater. The results of the study shall be reported by Dec. 31, 2016. The bill was signed by the Governor June 16, 2015 and became effective immediately.
SB 1267 relates to contested cases and amends the Administrative Procedure Act (APA) “to make its deadlines align more closely with the Texas Rules of Civil Procedure and thereby reduce the confusion and lack of clarity that has resulted from the differences. It also provides that an agency's failure to give notice of the particular sections of the statutes and rules involved in a contested case is reversible error, meaning that failure to do so would result in the decision being reversed unless the reviewing court finds that the failure did not unfairly surprise or prejudice the appellant.” The bill was signed by the Governor on 6-16-15 and effective 9-01-15.
