Joint Groundwater Monitoring and Contamination Report 2010, SFR-056/10 (new publication)
Groundwater monitoring activities; includes a list of all groundwater contamination cases documented during the previous calendar year for which enforcement action was incomplete at the time of the preceding report:
http://www.tceq.texas.gov/assets/public/comm_exec/pubs/sfr/056_10.pdf

Texas Pollutant Discharge Elimination System, RG-394 (revised)
A general permit covering eligible storm water discharges from industrial facilities. Also covers certain discharges other than storm water.
http://www.tceq.texas.gov/publications/rg/rg-394.html

Henry M. Wise, P.G.
The Wise Report
10/1/2011

________________________________

The Wise Report
Henry M. Wise, P.G.
September 3, 2011

The Texas Commission on Environmental Quality (TCEQ) is publishing a proposed revision to permitting in the Texas Register amending the current non-rule standard permit for the construction and/or modification of oil and gas production facilities. This non-rule standard permit became effective on April 1, 2011 and applies only in the following counties making up the Barnett Shale region of the state: Archer, Bosque, Clay, Comanche, Cooke, Coryell, Dallas, Denton, Eastland, Ellis, Erath, Hill, Hood, Jack, Johnson, Montague, Palo Pinto, Parker, Shackelford, Somervell, Stephens, Tarrant, and Wise.  The TCEQ is proposing a correction to the standard permit that would amend subsection (m), table 8 to remove unnecessary, repetitive language under the heading Control Devices, Control with process combustion or heating devices (for example reboilers, heaters and furnaces), and make other administrative, non-substantive corrections to numbering and references.

A public meeting on the proposed standard permit will be held on October 3, 2011, at 2:00 p.m. at the Texas Commission on Environmental Quality, Building E, Room 201S, 12100 Park 35 Circle, 78753 in Austin. Call the TCEQ’s Air Permits Division at 512-239-1250 for copies of the proposed standard permit for oil and gas production facilities, or go to the TCEQ website at: http://www.tceq.texas.gov/rules/prop.html.

Comments may be mailed to Blake Stewart, Texas Commission on Environmental Quality, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to 512-239-1070. All comments should reference the standard permit for oil and gas production facilities. Comments must be received by 5:00 p.m. on October 3, 2011. For further information, contact Mr. Stewart at 512-239-6931. Si desea información en Español, puede llamar al 800-687-4040.
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At its open meeting on August 29, 2011, the Texas Railroad Commission (RRC) approved the publication of proposed new §3.29, relating to Hydraulic Fracturing Chemical Disclosure Requirements. The rule implements House Bill 3328 from the 2011 regular session. The proposed new rule will be published in the September 9, 2011, issue of the Texas Register, but can also be found at: http://www.rrc.state.tx.us/rules/prop-new-3-29-frac-disclosure-Aug29.PDF.

The comment period ends at noon on Tuesday, October 11, 2011.  As stated in the preamble, the Commission will hold a public comment meeting on the proposed new rule on Wednesday, October 5, 2011, at 1:00 p.m. at the Commission's offices at the William B. Travis Building, 1701 N. Congress Avenue, Room 1-111, First Floor, Austin, Texas.

Henry M. Wise, P.G.
The Wise Report
9/3/2011

___________________________________________

The Wise Report
Henry M. Wise, P. G.
August 28, 2011

The Texas Railroad Commission (RRC) has issued the interum Surface Casing/Groundwater Advisory Unit application form 0051p_rrc. Please start using this form immediately. It can be found at: 

http://content.govdelivery.com/attachments/TXTCEQ/2011/08/25/file_attachments/54879/0051p_rrc.pdf

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The RRC has revised three existing forms:

• Form H-10, Annual Disposal/Injection Well Monitoring Report
• Form P-3, authority to Transport Recovered Load or Frac Oil
• Form P-5, Organization Report

The RRC has adopted five new forms:

• Form PSA-12, Production Sharing Agreement Code Sheet
• Form P-5A, Organization Report Non-Employee Agent Listing
• Form P-5O, Organization Report Officer Listing
• Form W-3C, Certification of Surface Equipment Removal for an Inactive Well
• Form W-3X, Application Application for an Extension of Deadline for Plugging an Inactive Well

The RRC has deleted five existing forms:

• Form OW-1, Application for Aughtoity to Conduct a Surface Inspection of Orphaned Oil or Gas Well
• Form OW-2, Applicaton for Certificate of Designation as the Operator of Orphaned Oil or Gas Well
• Form P-51WB, Individual Well Bond
• Form P-51WLC, Individual Well Irrevocable Documentary Letter of Credit
• Form P-58, P-5 Supplemental Officer Listing

These forms are effective September 12, 2011 and can be found at:  http://www.rrc.state.tx.us/rules/aug23-adopt-3-80-Forms.PDF
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The following is a synopsis of some of the more interesting business conducted at the last Texas Board of Professional Geologists (TBPG) Board meeting held on August 12, 2011.

Letters from the TAPG, HGS, and AEG were presented to the Board in support of looking for a geologist to fill the position of Executive Director, which opened due to the retirement of Col. Hess. The Board appointed Mr. Charles Horton as the next Executive Director of the TBPG pending the retirement of Col. Hess.  Col. Hess has done an excellant serving both the Board and his country and we wish him a well-deserved retirement.  We're also sure that Mr. Horton will do an excellant job as the new Executive Director of the TBPG and we wish him the best of luck in this position.

The Compliance and Enforcement Committee (C&E) Report, proposed revisions to the PG Seal Guidance Document and FAQs (to be published after Board approval) and recommended two Board Members serve on the Complaint Review Team (CRT).   The CRT and C&E continue to direct enforcement case decision-making and process improvement, and that the staff insure confidentiality of complaints.

The General Issues Committee Report addressed Advisory Opinion Request #5 (approved and found at: https://tbpg.state.tx.us/Advisory-Opinions.html; the Oil/Gas workgroup’s proposed rule changes.  The Workgroup had met earlier this week and they are pleased with the direction of the Board. The Workgroup has submitted a petition for proposed amendment to the TBPG rules. The Board adopted:

1. A proposed amendment to §851.10 for posting as a proposed rule to the Texas Register for public comment;
2. A proposed new rule section §851.33 after debate and amendment for posting as a proposed rule to the Texas Register for public comment; and
3. A proposed new rule section §851.34 after debate and contingent upon certification that the proposed rule has been reviewed by legal counsel and is found to be within the Board’s statutory authority.  The approved motion also included the contingency that if the proposed new rule section §851.34 was not certified as within the Board’s statutory authority for posting to the Texas Register for public comment, the text of §851.34 would be posted as an Advisory Opinion in response to the question of, “Are the following not exempt from the requirement of licensure as a Professional Geoscientist?”

Other, miscellaneous proposed amendments were approved for publication in the Texas Register.  As usual, we will bring you this information when it becomes available.

Henry M. Wise, P.G.
The Wise Report
8/28/2011

______________________________

Henry M. Wise, P.G. Cited by the State of Texas

Henry Wise has beed cited by Governor Perry and the State of Texas for his contributions to the geological community of Texas over the past 15 years. See Citation awarded to Henry Wise, Admiral of the Texas Navy.

_____________________________

The Wise Report
Henry M. Wise, P.G.
August 14, 2011

Effective September 1, 2011, the Texas Commission on Environmental Quality (TCEQ) Petroleum Storage Tank (PST) program is revising the Action Levels and Plan A Target Concentrations for Leaking Petroleum Storage Tank (LPST) releases. The new target concentrations reflect the current toxicity parameters as revised by the toxicology staff of the TCEQ, and the chemical/physical factors as posted by the Technical Support Section of the Remediation Division. For additional information, please refer to the equations used to derive the target concentrations as well as the toxicity parameters and chemical/physical factors.  All of this can be found at:  http://www.tceq.texas.gov/remediation/pst_rp/news

The revised Plan A target concentrations apply target risk goals as established in the PST rules (Chapter 334, Subchapter G, Section 203.(1) (I) and (J)) and the methodologies developed in the regulatory guidance, Risk-Based Corrective Action for Leaking Petroleum Storage Tank sites (RG-36) and subsequent amendments in March 6, 1997 and August 12, 1997 Interoffice Memoranda. All methodologies, default values and exposure factors used in the equations are supported by ASTM standards (E-1739-95) and United States Environmental Protection Agency (US EPA).

Henry M. Wise, P.G.
The Wise Report
August 14, 2011

___________________________________________

The Wise Report
Henry M. Wise, P.G.
August 6, 2011

New legislation, passed as part of the Sunset Review of the Texas Commission on Environmental Quality (TCEQ), allows the Executive Director of the agency to suspend or adjust water rights during times of drought or emergency shortage of water. House Bill 2694 requires that the TCEQ enact rules to define “drought” and “emergency shortage of water,” as well as establish procedures. To comply, TCEQ staff is proposing the creation of new 30 Texas Administrative Code Chapter 36, relating to Suspension or Adjustment of Water Rights During Water Shortage. A stakeholder meeting, to solicit informal comment prior to developing rule language, will be held on Thursday, August 11, 2011, at 9:00 a.m., at TCEQ’s Offices at 12100 Park 35 Circle, Building E, Room 201, Austin, Texas, 78753.  It will also be webcast at http://www.texasadmin.com/tceqs.shtml. If you are unable to attend the scheduled meeting, or wish to submit written comments, please submit your written comments no later than August 15, 2011, to Robin Smith, Texas Commission on Environmental Quality, P.O. Box 13087, MC 173, Austin, Texas 78711-3087.

Article 2 of House Bill 2694, passed by the 82nd Texas Legislature and signed by the Governor, transferred from the TCEQ to the Railroad Commission of Texas (RRC) duties relating to the protection of groundwater resources from oil and gas associated activities. Specifically, the law transfers from the TCEQ to the RRC, effective September 1, 2011, duties pertaining to the responsibility of preparing groundwater protection advisory/recommendation letters. After the transfer, the RRC will be responsible for providing surface casing and/or groundwater protection recommendations for the following activities:

• Exploration, development, or production of oil and gas resources - new drilling, other drilling activities including, but not limited to, enhanced recovery injection wells, injection wells for brine mining, injection wells for underground storage of hydrocarbons, seismic exploration and cathodic protection wells, well integrity tests, plugging of abandoned wells, core holes, and micro-seismic boreholes;
• Subsurface disposal and injection of oil and gas waste - saltwater disposal wells; and
• Anthropogenic carbon dioxide injection wells and geologic storage facilities under the RRC’s jurisdiction.

The TCEQ and RRC staff are working cooperatively to facilitate the transfer, including the transfer of staff to the RRC. The Surface Casing program transfer and relocation to the RRC office located in the William B. Travis Building, 1701 North Congress, Austin, is scheduled for August 25, 2011. The program transfer and relocation are expected to be completed by August 31, 2011. The TCEQ and RRC staff will make every effort to minimize disruptions to surface casing program customers and groundwater protection advisory letter applicants during the transition.

Please continue to submit applications for groundwater protection advisory letters to the TCEQ until August 31, 2011 (postmark date or email). On or after September 1, 2011, please send applications or correspondence pertaining to groundwater protection advisory letters to the RRC at the following address:

By courier or express mail:
Railroad Commission of Texas
(Attn: Groundwater Advisory Unit)
William B. Travis Building
1701 North Congress
Austin, TX 78701
By U.S. Postal Service:
Railroad Commission of Texas
(Attn: Groundwater Advisory Unit)
P.O. Box 12967
Austin, TX 78711-2967

If you have any questions pertaining to this notification, please contact the TCEQ’s Surface Casing Program at (512) 239-0515 or by email at SC@tceq.texas.gov. On or after September 1, 2011, the surface casing staff can be contacted at (512) 463-2741 or by email at gau@rrc.state.tx.us.

The complete announcement can be found at:  http://content.govdelivery.com/attachments/TXTCEQ/2011/08/02/file_attachments/50561/Moving%20Announcement%20Surface%20Casing.pdf

Henry M. Wise, P.G.
The Wise Report
8/6/2011

_________________________________________________

The Wise Report
Henry M. Wise, P.G.
July 31, 2011

The Texas Commission on Environmental Quality (TCEQ) has revised the total petroleum hydrocarbon (TPH) spreadsheet for calculating TRRP Tier 1 protective concentration levels (PCLs) with the latest TPH toxicity factors. The TPH spreadsheet can be downloaded from the TRRP PCL Web page at http://www.tceq.state.tx.us/remediation/trrp/trrppcls.html.

The TCEQ Remediation Division announces the availability of a new TRRP guidance document, RG-366/TRRP-2A Closure of Waste-Management Units Subject to TRRP, issued July 2011. Access it from the TRRP Guidance and Forms page at http://www.tceq.texas.gov/remediation/trrp/guidance.html.

This document bridges the gap between the limited closure guidance provided in TRRP-2 and the guidance focused on hazardous waste units in TRRP-3. The primary emphasis of TRRP-2A is the closure of waste-management units listed on the solid waste notice of registration. Major topics include:

·         Overview of the closure process, including the applicability of TRRP to waste unit closures, the closure performance standard, relation to remedy standards, and administrative details.

·        Details of the closure process including unit deactivation and waste management, release determination and response.

·         Contents of a closure report and possible combinations with TRRP standardized reports.

·         Model deed notice

Henry M. Wise, P.G.
The Wise Report
7/31/2011

__________________________

The Wise Report
Henry M. Wise, P.G.
July 17, 2011

I recieved the following from Charles Horton, Deputy Executive Director of the Texas Board of Professional Geoscientists:

Good afternoon interested members of the Oil and Gas Advisory Workgroup, any interested members of the general public, and Members of the Texas Board of Professional Geoscientists (TBPG): Time of the meeting is scheduled for Friday, July 29, 2011.

I am sending this message on behalf of Charles Knobloch, JD, PG. Mr. Knobloch serves as Vice Chairman of the TBPG and Chair of the Oil and Gas Advisory Workgroup (that is advisory to the TBPG).

This is an announcement of an important event of interest to the Oil & Gas Workgroup members and, importantly, to the geoscience organizations you represent. We ask you to please forward this to the appropriate persons within the geoscience organizations you represent so that these individuals also have an opportunity to choose to attend.

Most of you aware that Dr. Chip Groat will be heading an interdisciplinary team at the University of Texas that will review the science, policy and perceptions surrounding hydraulic fracturing. Below this e-mail text is an article from the Oil and Gas Online that reports on the upcoming study: (http://www.oilandgasonline.com/article.mvc/University-Of-Texas-At-Austin-Researchers-To-0001?atc~c=771+s=773+r=001+l=a).

There are several other news reports about the study available on the internet.

Dr. Groat has kindly agreed to talk to interested members of the TBPG's Oil and Gas Advisory Workgroup, TBPG Board Members, and any other interested members of the public about the scope of the study. We certainly appreciate Dr. Groat sharing this information.

Please note that this presentation is posted as a meeting of the Texas Board of Professional Geoscientists in order to be incompliance with the Texas Open Meetings Act in the event that a quorum of the TBPG is in attendance, but the TBPG has no action items on the agenda and no decisions will be made.

Dr. Groat's presentation is scheduled for:

J.J. Pickle Research Campus
Research Office Complex ROC 1.603
10100 Burnet Road, Austin, Texas, 78758
(between U.S. 183 and Braker Lane)

1. You are invited to attend this presentation.
2. Please share this announcement with the appropriate leadership/committees or subcommittees of your professional associations, affiliations, firms and agencies, as appropriate.
3. This presentation is part of a public meeting and therefore no RSVP is required. However, if you wish to RSVP to me (Charles Horton chorton@tbpg.state.tx.us) this will assist in space planning.
4. The presentation is expected to last approximately and hour, depending on questions that may come up following Dr. Groat’s presentation.
5. A map and directions to the presentation location may be found at http://www.utexas.edu/commons/maps/
6. We would like to provide questions from the audience to Dr. Groat in advance. Please send any questions that you would like provided to Dr. Groat to me at chorton@tbpg.state.tx.us / (512) 936-4428.

Thank you and on behalf of Charles Knobloch, we look forward to seeing you at the presentation.

Charles Horton, Deputy Executive Director
Texas Board of Professional Geoscientists
333 Guadalupe Street , Ste. I-530
P.O. Box 13225
Austin, TX 78711
(512) 936-4428
(512) 936-4409 fax

Henry M. Wise, P.G.
The Wise Report
July 17, 2011

___________________________________

The Wise Report
Henry M. Wise, P.G.
July 10, 2011

The TCEQ has two new publications:

Pull Up Your Water Well Report – Online, GI-416 (new publication). It's a flier about using the TCEQ's online Water Well Report Viewer.  http://www.tceq.state.tx.us/publications/gi/gi-416.html

Petroleum Storage Tank Registration and Self-Certification, RG-475d (revised). A guide for owners and operators of underground storage tanks on why and how they should register and self-certify their USTs.  http://www.tceq.texas.gov/publications/rg/rg-475d.html

Henry M. Wise, P.G.
The Wise Report
7/10/2011

___________________________

The Wise Report
Henry M. Wise, P.G.
June 26, 2011

The Governor has signed all of the legislation that I've been watching that have been sent to him.  This includes the budget for the Texas Board of Professional Geoscientists (TBPG) for the next two years.  We will need to be vigilant in watching for all attempts to either eventually sunset or combine the TBPG with other Boards.  There has been a proposed study to combine several boards in the next legislative session (2014).

Colonel Hess will be retiring as Executive Director of the TBPG soon.  The TBPG is currently looking for a replacement.  Colonel Hess has done an excellant job at the TBPG and we all owe him a debt of gratitude.  He will be a hard man to replace.  It has been suggested by numerous persons that the next Executive Director should be a Registered Professional Geoscientist.  This is because much of the preliminary leg work involved in setting up the TBPG has been accomplished.  It would be most helpful if the next Executive Director could converse with both the legislature and the general public on subjects that are important to geologists.  While persons of Colonel Hess's caliber are excellant in the initial phase of setting up a board, the board has matured and it's needs have therefore progressed to where a PG as Executive Director would be beneficial.

I thought I'd already posted this one, but have been informed that I haven't, so here it is, late though it may be. 

The  TBPG has recieved Advisory Opinion Request AOR #5 (2011).  Requestor: Kevin Almaguer, P.G.

Re: Is the Texas Commission on Environmental Quality (TCEQ) Petroleum Storage Tank (PST) Division contributing to violations of the Geoscience Practice Act? Also, do companies have to be Geoscience/PE Firms to perform environmental geoscience work and submit reports to the TCEQ Voluntary Cleanup Program (VCP) and Industrial Hazardous Waste-Corrective Action Program? Still, what does the definition of public mean?

Any interested person may submit written comments concerning this Advisory Opinion Request and Draft Opinion to: Charles Horton, Deputy Executive Director, P.O. Box 13225, Austin, Texas 78711, or by e-mail to chorton@tbpg.state.tx.us or by fax to (512) 936-4409. Comments must be submitted no later than 30 days from the date of the posting in the Texas Register. Please reference Advisory Opinion Request #5.

Draft Opinion

Question: Is the Texas Commission on Environmental Quality (TCEQ) Petroleum Storage Tank (PST) Division contributing to violations of the Geoscience Practice Act?

Answer: No.

Question: Also, do companies have to be Geoscience/PE Firms to perform environmental geoscience work and submit reports to the TCEQ Voluntary Cleanup Program (VCP) and Industrial Hazardous Waste-Corrective Action Program?

Answer: Not all corrective actions require geoscientific work that is regulated by the Texas Geoscience Practice Act, Texas Occupations Code Chapter 1002 (Act). Those corrective actions which constitute work that is regulated by the Texas Geoscience Practice Act would be in violation of the Act if not performed by a licensed Professional Geoscientist and/or Professional Geoscience Firm independent of and without regard to any other requirements or registrations under the Texas Commission on Environmental Quality (TCEQ). Work that is not regulated under the Texas Geoscience Practice Act is not required to be performed by a licensed P.G. and/or Professional Geoscience Firm. Work that is regulated must be submitted under seal to certify that the geoscience work has been performed by a licensed P.G. and/or Professional Geoscience Firm.

Geoscience, under the Texas Occupations Code §1002.002(3), means "the science of the earth and its origin and history, the investigation of the earth's environment and its constituent soils, rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the earth." Since much corrective action work is not related to geoscience, the mere registration of Registered Corrective Action Specialist (RCAS) and Corrective Action Project Manager (CAPM) is not relevant to the issue, as not all RCAS and CAPMs may be practicing geoscience work. Please also see Advisory Opinion #4 with respect to "responsible charge."

Question: Still what does the definition of public mean?

Answer: Texas Occupations Code §1002.002(7) defines the public practice of geoscience as "the practice for the public of geoscientific services or work, including consulting, investigating, evaluating, analyzing, planning, mapping, and inspecting geoscientific work and the responsible supervision of those tasks."

"Practice for the public" is further defined in the Texas Occupations Code §1002.002(6): "(A) means providing professional geoscientific services: (i) for a governmental entity in this state; (ii) to comply with a rule established by this state or a political subdivision of this state; or (iii) for the public or a firm or corporation in this state if the practitioner assumes the ultimate liability for the work product; and (B) does not include services provided for the express use of a firm or corporation by an employee or consultant if the firm or corporation assumes the ultimate liability for the work product."

TRD-201101958
Charles Horton
Deputy Executive Director
Texas Board of Professional Geoscientists
Filed: June 1, 2011

___________________

Henry M. Wise, P.G.
The Wise Report
6/26/2011

_________________________

Henry M. Wise, P.G.
The Wise Report
June 11, 2011

The Leaking Petroleum Storage Tank (LPST) Reimbursement Fund closes August 31, 2011.  The deadline for TCEQ receipt of applications to transfer responsibility for corrective action at reimbursement-eligible LPST sites from owner/operators to TCEQ's State Lead program is no later than July 1, 2011. An application to transfer into the State Lead program can be found at www.tceq.texas.gov/remediation/pst_rp/downloads.html.
Owners/operators who elect not to transfer their sites to the State Lead program will be required to continue corrective action until closure using their own private funds. Failure to perform necessary corrective action may result in enforcement penalties.

Owners/operators who request an (r-1) transfer are not required to contract with any particular consultant. Rather, once the site is transferred to the State Lead program, TCEQ assumes contracting and remediation responsibility. Under recent legislation passed to ensure greater continuity in work, TCEQ may enter a direct award contract with the same consultant who worked on the site under the Reimbursement Program (even if the consultant is not already a State Lead contractor). (See House Bill 2694, Article 1, sections 1.05 and 1.06 from the 82nd Texas legislative session).

For more information, please contact Don Boothby at 512-239-2485, Jonathan Walling at 512-239-2295 or Maria Lebron at 512-239-1898.

The annual update of the Tier 1 PCL tables is now available on the TRRP PCLs web page at http://www.tceq.texas.gov/remediation/trrp/trrppcls.html. A brief list of this year's changes is included in the Updates sheet in the toxicity and chemical/physical properties file. Please also note the following information regarding this year's changes to the PCL tables:

RS-ESL values have been rescinded by the Toxicology Division as more scientifically rigorous methods are available for the derivation of inhalation toxicity factors which impact the setting of regulatory standards (i.e., TRRP PCLs). Consequently, there are no RS-ESLs to serve as a source of inhalation toxicity factors for TRRP, and RS-ESLs have been removed from the Toxicity Factors table (see the 2011 Tox Factors Updates sheet for changes to toxicity factors). If inhalation may be the driving exposure pathway for a chemical in a particular instance (e.g., groundwater-to-air or subsurface-soil-to-air for Class 3 groundwater) but no inhalation toxicity factors are listed in the TRRP Toxicity Factors table, contact the TCEQ using the process described at http://www.tceq.texas.gov/remediation/trrp/pclrequests.html to request that an inhalation toxicity factor and PCLs be derived. For questions on toxicity factors, contact the Toxicology Section at 877-992-8370 or tox@tceq.texas.gov.

Asbestos has been removed from the Tier 1 residential and commercial/industrial tables of soil PCLs. This action is the result of the withdrawal of the inhalation unit risk factor (URF) from the TRRP toxicity factors table, which ultimately means there will no longer be risk-based exposure levels (RBELs) or PCLs for asbestos. The URF is withdrawn because the URF is based on one particular type of asbestos fiber, and current science suggests a chemical-specific approach for asbestos may be most appropriate. Current science also suggests that asbestos should be evaluated on a site-by-site basis. Contact your TCEQ Project Manager if asbestos is, or may be, a chemical of concern at your site.

The soil organic carbon-water partitioning coefficient (Koc) values for glyphosate are currently under review and have therefore been temporarily removed from the Koc Values for Ionizing Organic COCs table. Contact your TCEQ Project Manager if glyphosate is, or may be, a chemical of concern at your site.
The Aquatic Life and Human Health Surface Water RBEL tables were revised based on changes to the Texas Surface Water Quality Standards.

Henry M. Wise, P.G.
The Wise Report
6/11/2011

______________________________

The Wise Report
Henry M. Wise, P.G
June 5, 2011

The regular legislative session has ended and below is the final list of bills that have passed this legislative session and may be of interest to geologists.  Some of these are still awaiting the Governor’s signature/veto.  The Special Session has begun and there are currently no bills pending that appear to be of concern.  We are following this Special Session to make sure there are no surprises.

HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." 5/21/2011 – Signed by the Governor, effective immediately. For more information go to:

http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444

HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. 5/28/2011 – Signed by the Governor, effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067

HB-2694, by Smith. A summary of the geological interests within this bill, which relates to the TCEQ Sunsetting Legislation for this session is as follows:

1) Continues the Texas Commission on Environmental Quality for 12 years to 2023.

2) Requires that TCEQ Commissioners resign their position if contributions are accepted for a campaign for an elected office.  

3) Provides for a process to develop PST remediation contracts to allow contractors currently cleaning up sites that have been eligible for reimbursement to continue their work.

4) Transfers, on September 1, 2011 the authority for making groundwater protection recommendations regarding oil and gas activities from TCEQ to the Railroad Commission (RRC).

5) Authorizes RRC, not TCEQ to issue letters of determination associated with geologic storage of anthropogenic carbon dioxide (CO2).

6) Requires changes to the current Compliance History program requirements.

7) Expands the use of the PST remediation fee to remove underground or aboveground storage tanks if certain criteria are met.

8) Reauthorizes the PST remediation fee at the current level with no expiration date.

9) Requires water right holders to provide monthly water use reports to commission upon request during times of drought or emergency shortages of water or to respond to a complaint.

10) Authorizes that in a “period of drought or other emergency shortage of water” the executive director may temporarily suspend a water right and adjust the diversion of water between water right holders based on 11.024 & 11.027, TWC.

11) Abolishes Texas On-site Wastewater Treatment Research Council (TOWTRC) and transfers duties to TCEQ on September 1, 2011.

5/30/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694

HB-3328, by Keffer, Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. 5/31/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3328

SB-332, by Fraser, Davis & Duncan, Relating to the ownership of groundwater below the surface of land, the right to produce that groundwater, and the management of groundwater in this state. 5/30/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB332

SB-430, by Watson, Adds a requirement to notify the governing groundwater conservation district to the list of required notifications of contaminated groundwater. 5/21/2011 - Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB430

SB-652, by Hegar, Relating to governmental entities subject to the sunset review process. Extends the Sunset Review for the Texas Board of Professional Geoscientests to 2019. 5/31/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB652

SB-691, by Estes, Relating to the exemption from permitting by groundwater conservation districts for certain water wells used for domestic, livestock, and poultry watering purposes. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB691

SB-692, by Estes, Relating to exemptions from groundwater conservation district permit requirements. 5/9/2011 – Signed by the Governor. Effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB692

SB-737, by Hegar, Relating to the management of groundwater production by groundwater conservation districts. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB737

SB-1295, by Hegar, Relating to the mining and reclamation of certain land previously affected by surface coal mining operations. 5/24/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1295

SB-1303, by West, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/19/2011 – Signed by the Governor, effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1303

SB-1478, by Hegar, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 5/27/2011 – Signed by the Governor, effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1478

Henry M. Wise, P.G.
The Wise Report
6/5/2011

____________________________________

The Wise Report
Henry M. Wise, P.G
May 29, 2011

Matt Cowan, with the Texas Association of Professional Geoscientists (TAPG) has informed me that the House and Senate have passed the final State budget and the Texas Board of Professional Geoscientists (TBPG) is fully funded. Now we await the Governor’s decision as to sign the budget as is, or line-item veto us. That should be by June 15, 2011. On an optimistic note, this week the Governor appointed three people to the Surveyors Board and he has previously appointed two new people to the TBPG. With both of our boards being “replenished” it appears that we may not be subject to a line item veto.

Matt also reports that the effort to rename and reorganize the Rail Road Commission is dead. It now appears that Warren Chisum will be actively seeking an appointment to the Commission, filling one of the two seats being vacated (Ames and Williams).
 


The TBPG and the Texas Commission on Environmental Quality (TCEQ) have entered into a Memorandum of Agreement (MOA) to protect the public from unqualified or substandard geoscience services. The MOA can be found at: https://tbpg.state.tx.us/moa.htm.

 

The annual update of the Tier 1 PCL tables is now available on the TRRP PCLs web page at http://www.tceq.texas.gov/remediation/trrp/trrppcls.html.

A brief list of this year's changes is included in the Updates sheet in the toxicity and chemical/physical properties file. Please also note the following information regarding this year's changes to the PCL tables:

RS-ESL values have been rescinded by the Toxicology Division as more scientifically rigorous methods are available for the derivation of inhalation toxicity factors which impact the setting of regulatory standards (i.e., TRRP PCLs). Consequently, there are no RS-ESLs to serve as a source of inhalation toxicity factors for TRRP, and RS-ESLs have been removed from the Toxicity Factors table (see the 2011 Tox Factors Updates sheet for changes to toxicity factors). If inhalation may be the driving exposure pathway for a chemical in a particular instance (e.g., groundwater-to-air or subsurface-soil-to-air for Class 3 groundwater) but no inhalation toxicity factors are listed in the TRRP Toxicity Factors table, contact the TCEQ using the process described at http://www.tceq.texas.gov/remediation/trrp/pclrequests.html to request that an inhalation toxicity factor and PCLs be derived. For questions on toxicity factors, contact the Toxicology Section at 877-992-8370 or tox@tceq.texas.gov.

Asbestos has been removed from the Tier 1 residential and commercial/industrial tables of soil PCLs. This action is the result of the withdrawal of the inhalation unit risk factor (URF) from the TRRP toxicity factors table, which ultimately means there will no longer be risk-based exposure levels (RBELs) or PCLs for asbestos. The URF is withdrawn because the URF is based on one particular type of asbestos fiber, and current science suggests a chemical-specific approach for asbestos may be most appropriate. Current science also suggests that asbestos should be evaluated on a site-by-site basis. Contact your TCEQ Project Manager if asbestos is, or may be, a chemical of concern at your site.

The soil organic carbon-water partitioning coefficient (Koc) values for glyphosate are currently under review and have therefore been temporarily removed from the Koc Values for Ionizing Organic COCs table. Contact your TCEQ Project Manager if glyphosate is, or may be, a chemical of concern at your site.

The Aquatic Life and Human Health Surface Water RBEL tables were revised based on changes to the Texas Surface Water Quality Standards.
 

I've been compiling a list of proposed bills that may be of interest to geologists. If you have any that I have missed, let me know and I'll include them. Filing of proposed bills has begun and here's the ones I'm currently watching. All new items, updates, or bills passed and signed by the Governor are in bold:

HB-377, by McClendon, Relating to the expenditure of money from the general revenue fund for rail projects. 4/26/2011 – Referred to Transportation & Homeland Security. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB377

HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." 5/21/2011 – Signed by the Governor, effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444

HB-977, by Burnham, Relating to the development of a climate adaptation plan by certain entities. 5/13/2011 – Senate passage reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB977

HB-1164, by Keffer, Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. The PE Board may not impose an administrative penalty for a violation on a political subdivision, or public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. Geologists aren't mentioned in this piece of legislation, but could eventually be. 4/27/2011 - Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1164

HB-1302, by Larson, Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. 4/13/2011 - No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1302

HB-1730, by Ritter, Relating to the vested ownership interest in groundwater beneath the surface and the right to produce that groundwater. 4/5/2011 – House companion considered in lieu of in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1730

HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. 5/28/2011 – Signed by the Governor, effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067

HB-2249, by Bonnen, Relating to governmental entities subject to the sunset review process. Extends the Sunset Review for the Texas Board of Professional Geoscientests to 2019. 5/12/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2249

HB-2268, by Hancock, Relating to compliance with state and federal environmental permits. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2268

HB-2311, by Miller, Relating to exemptions from groundwater conservation district permit requirements. 4/26/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2311

HB-2364, by Christian, Relating to notification of local groundwater conservation districts by the Texas Commission on Environmental Quality when groundwater contamination is found. 5/6/2011 - Considered in Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2364

HB-2420, by King, Relating to exemptions from permitting by groundwater conservation districts of the drilling and operation of certain water wells. 4/18/2011 - Laid on table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2420

HB-2480, by Geren, Relating to the licensing and regulation of geoscientists by the Texas Board of Professional Engineers, the regulation and licensing of land surveyors by the Texas Board of Architectural Examiners, and the abolition of the Texas Board of Professional Geoscientists and the Texas Board of Professional Land Surveying. This bill abolishes the TBPG and places Professional Geoscientists under the jurisdiction of the TBPE. 4/5/2011 – No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2480

HB-2543, by Smith, Relating to the licensing and regulation of architecture, engineering, landscape architecture, and land surveying by the Texas Board of Professional Services, the deregulation of interior design, and the abolition of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveyors. This bill is on the watch list because it has the potential to be amended to include Professional Geoscientists. 3/15/2011 - Referred to Licensing & Administrative Procedures. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2543

HB-2657, by King, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/5/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2657

HB-2694, by Smith, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Among other things, it transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. Some people believe transferring this responsibility to the RRC is a conflict of interest for the RRC and that it should be left in the hands of the TCEQ. 5/28/2011 - House adopts conference committee report–reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694

HB-2939, by King, Relating to the annual reporting of groundwater use in activities related to the exploration or drilling for or production of oil or gas by owners or operators of oil and gas wells. 4/5/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2939

HB-2963, by Crownover, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 5/9/2011 – Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2963

HB-2984, by Smith, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/17/2011- Referred to Environmental Regulations. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2984

HB-3066, by Burnam, Relating to regulation of air contaminant emissions from oil and gas wells. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3066

HB-3106, by Keffer, Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. 3/18/2011 - Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3106

HB-3163, by Hancock, Relating to responsibilities of the Texas Commission on Environmental Quality and Production Area Authorizations (for Uranium In-situ Recovery). 5/2/2011 – Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3163

HB-3166, by Callegari, Relating to the abolition and consolidation of state agencies. This bill includes HB 2543 and is therefore on the watch list because it has the potential to be amended to include Professional Geoscientists. 5/7/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3166

HB-3328, by Keffer, Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. 5/28/2011 – Conference Committee Report distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3328

HB-3460, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. 4/6/2011 – Left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3460

HB-3480, by Christian, Relating to the stringency of requirements imposed by the Texas Commission on Environmental Quality. The TCEQ may not impose a standard or requirement to regulate an activity under the TCEQ's jurisdiction that is more stringent than the minimum acceptable standard or requirement under the applicable federal law or a regulation adopted by the United States Environmental Protection Agency to regulate the same activity. 3/18/2011 - Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3480

HB-3586, by Taylor, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3586

HB-3749, by Oliveira, Relating to establishing certain rights of an owner of the surface estate in land who does not own any interest in the mineral estate in the land in connection with the exploration for and production of the minerals. One of the provisions is: "The mineral interest user may not use any groundwater under or surface water on the surface tract in connection with a mineral development site or mineral development improvements without the express prior written consent of the surface tract owner." 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3749

SB-104, by Davis, Relating to restriction on the release into the air of natural gas and an associated vapors from a gas well. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB104

SB-105, by Davis, relating to a restriction on the formation in which certain commercial disposal wells permitted by the Railroad Commission of Texas may inject oil and gas waste. "...applies only to a commercial disposal well...proposed to be located in a hydrocarbon-producing geological formation that underlies all or part of two counties: (1) that are adjacent to one another; and (2) each of which has a population of more than 1.4 million. (b) A permit issued by the railroad commission for a commercial disposal well...that authorizes the disposal of oil and gas waste may authorize the disposal of the waste only in the Ellenberger formation or a deeper formation." 5/19/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB105

SB-274, by Uresti, Relating to the regulation by groundwater conservation districts of certain wells. Pertains specifically to the Hill Country Priority Groundwater Management Area. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB274

SB-301, by Wentworth, Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties. The TBPG is following this legislation and will be discussing its potential impact for PGs. It's my understanding that it shouldn't affect any self-initiated complaints by the TBPG so you could still complain unofficially. Also, 39 TAC 851.106(e) says that Professional Geoscientists are supposed to report violations, so you've always got the excuse that you felt it was a violation and you reported it as such. Kind of like a Good Samaritan law. 5/10/2011 – Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB301

SB-424, by Ellis, Relating to the development of a climate adaptation plan by certain entities. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB424

SB-332, by Fraser, Davis & Duncan, Relating to the ownership of groundwater below the surface of land, the right to produce that groundwater, and the management of groundwater in this state. 5/27/2011 - Reported enrolled. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB332

SB-429, by Nichols, Relating to notification of applications for permits for certain injection wells. Adds giving a copy of the draft permit to the governing groundwater conservation district. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB429

SB-430, by Watson, Adds a requirement to notify the governing groundwater conservation district to the list of required notifications of contaminated groundwater. 5/21/2011 - Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB430

SB-467, by Wentworth, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/11/2011 – Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB467

SB-652, by Hegar, Relating to governmental entities subject to the sunset review process. Extends the Sunset Review for the Texas Board of Professional Geoscientests to 2019. 5/28/2011 – Senate adopts conference committee report-reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB652

SB-657, by Huffman and Hegar, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB657

SB-691, by Estes, Relating to the exemption from permitting by groundwater conservation districts for certain water wells used for domestic, livestock, and poultry watering purposes. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB691

SB-692, by Estes, Relating to exemptions from groundwater conservation district permit requirements. 5/9/2011 – Signed by the Governor. Effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB692

SB-737, by Hegar, Relating to the management of groundwater production by groundwater conservation districts. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB737

SB-756, by Seliger, Relating to a prohibition on the transport of surface water or groundwater more than a specified distance from the water's source; providing an administrative penalty. A person may not transport surface water or groundwater more than 75 miles from the water's source. 2/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB756

SB-1148, by Wentworth, Relating to the authority of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1148

SB-1295, by Hegar, Relating to the mining and reclamation of certain land previously affected by surface coal mining operations. 5/24/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1295

SB-1303, by West, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/19/2011 – Signed by the Governor, effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1303

SB-1478, by Hegar, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 5/27/2011 – Signed by the Governor, effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1478

SB-1479, by Hegar, Relating to the coordination of uranium mining permitting activities by the Railroad Commission of Texas and the Texas Commission on Environmental Quality. 3/22/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1479

SB-1569, by Estes, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1569

SB-1606, by Seliger, Relating to reporting requirements regarding groundwater withdrawals for water wells. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1606

Henry M. Wise, P.G.
The Wise Report
5/29/2011

The Wise Report
Henry M. Wise, P.G
May 21, 2011

I've been compiling a list of proposed bills that may be of interest to geologists. If you have any that I have missed, let me know and I'll include them. Filing of proposed bills has begun and here's the ones I'm currently watching. All new items, updates, or bills passed and signed by the Governor are in bold:

HB-377, by McClendon, Relating to the expenditure of money from the general revenue fund for rail projects. 4/26/2011 – Referred to Transportation & Homeland Security. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB377

HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." 5/11/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444

HB-977, by Burnham, Relating to the development of a climate adaptation plan by certain entities. 5/13/2011 – Senate passage reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB977

HB-1164, by Keffer, Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. The PE Board may not impose an administrative penalty for a violation on a political subdivision, or public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. Geologists aren't mentioned in this piece of legislation, but could eventually be. 4/27/2011 - Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1164

HB-1302, by Larson, Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. 4/13/2011 - No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1302

HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. 5/18/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067

HB-2249, by Bonnen, Relating to governmental entities subject to the sunset review process. Extends the Sunset Review for the Texas Board of Professional Geoscientests to 2019. 5/12/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2249

HB-2268, by Hancock, Relating to compliance with state and federal environmental permits. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2268

HB-2311, by Miller, Relating to exemptions from groundwater conservation district permit requirements. 4/26/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2311

HB-2364, by Christian, Relating to notification of local groundwater conservation districts by the Texas Commission on Environmental Quality when groundwater contamination is found. 5/6/2011 - Considered in Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2364

HB-2420, by King, Relating to exemptions from permitting by groundwater conservation districts of the drilling and operation of certain water wells. 4/18/2011 - Laid on table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2420

HB-2480, by Geren, Relating to the licensing and regulation of geoscientists by the Texas Board of Professional Engineers, the regulation and licensing of land surveyors by the Texas Board of Architectural Examiners, and the abolition of the Texas Board of Professional Geoscientists and the Texas Board of Professional Land Surveying. This bill abolishes the TBPG and places Professional Geoscientists under the jurisdiction of the TBPE. 4/5/2011 – No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2480

HB-2543, by Smith, Relating to the licensing and regulation of architecture, engineering, landscape architecture, and land surveying by the Texas Board of Professional Services, the deregulation of interior design, and the abolition of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveyors. This bill is on the watch list because it has the potential to be amended to include Professional Geoscientists. 3/15/2011 - Referred to Licensing & Administrative Procedures. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2543

HB-2657, by King, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/5/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2657

HB-2694, by Smith, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Among other things, it transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. Some people believe transferring this responsibility to the RRC is a conflict of interest for the RRC and that it should be left in the hands of the TCEQ. 5/18/2011 - House appoints conferees –reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694

HB-2939, by King, Relating to the annual reporting of groundwater use in activities related to the exploration or drilling for or production of oil or gas by owners or operators of oil and gas wells. 4/5/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2939

HB-2963, by Crownover, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 5/9/2011 – Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2963

HB-2984, by Smith, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/17/2011- Referred to Environmental Regulations. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2984

HB-3066, by Burnam, Relating to regulation of air contaminant emissions from oil and gas wells. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3066

HB-3106, by Keffer, Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. 3/18/2011 - Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3106

HB-3163, by Hancock, Relating to responsibilities of the Texas Commission on Environmental Quality and Production Area Authorizations (for Uranium In-situ Recovery). 5/2/2011 – Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3163

HB-3166, by Callegari, Relating to the abolition and consolidation of state agencies. This bill includes HB 2543 and is therefore on the watch list because it has the potential to be amended to include Professional Geoscientists. 5/7/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3166

HB-3328, by Keffer, Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. 5/19/2011 - Testimony taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3328

HB-3460, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. 4/6/2011 – Left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3460

HB-3480, by Christian, Relating to the stringency of requirements imposed by the Texas Commission on Environmental Quality. The TCEQ may not impose a standard or requirement to regulate an activity under the TCEQ's jurisdiction that is more stringent than the minimum acceptable standard or requirement under the applicable federal law or a regulation adopted by the United States Environmental Protection Agency to regulate the same activity. 3/18/2011 - Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3480

HB-3586, by Taylor, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3586

HB-3749, by Oliveira, Relating to establishing certain rights of an owner of the surface estate in land who does not own any interest in the mineral estate in the land in connection with the exploration for and production of the minerals. One of the provisions is: "The mineral interest user may not use any groundwater under or surface water on the surface tract in connection with a mineral development site or mineral development improvements without the express prior written consent of the surface tract owner." 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3749

SB-104, by Davis, Relating to restriction on the release into the air of natural gas and an associated vapors from a gas well. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB104

SB-105, by Davis, relating to a restriction on the formation in which certain commercial disposal wells permitted by the Railroad Commission of Texas may inject oil and gas waste. "...applies only to a commercial disposal well...proposed to be located in a hydrocarbon-producing geological formation that underlies all or part of two counties: (1) that are adjacent to one another; and (2) each of which has a population of more than 1.4 million. (b) A permit issued by the railroad commission for a commercial disposal well...that authorizes the disposal of oil and gas waste may authorize the disposal of the waste only in the Ellenberger formation or a deeper formation." 5/19/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB105

SB-274, by Uresti, Relating to the regulation by groundwater conservation districts of certain wells. Pertains specifically to the Hill Country Priority Groundwater Management Area. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB274

SB-301, by Wentworth, Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties. The TBPG is following this legislation and will be discussing its potential impact for PGs. It's my understanding that it shouldn't affect any self-initiated complaints by the TBPG so you could still complain unofficially. Also, 39 TAC 851.106(e) says that Professional Geoscientists are supposed to report violations, so you've always got the excuse that you felt it was a violation and you reported it as such. Kind of like a Good Samaritan law. 5/10/2011 – Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB301

SB-424, by Ellis, Relating to the development of a climate adaptation plan by certain entities. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB424

SB-429, by Nichols, Relating to notification of applications for permits for certain injection wells. Adds giving a copy of the draft permit to the governing groundwater conservation district. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB429

SB-430, by Watson, Adds a requirement to notify the governing groundwater conservation district to the list of required notifications of contaminated groundwater. 5/21/2011 - Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB430

SB-467, by Wentworth, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/11/2011 – Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB467

SB-652, by Hegar, Relating to governmental entities subject to the sunset review process. Extends the Sunset Review for the Texas Board of Professional Geoscientests to 2019. 5/19/2011 - House passage as amended reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB652

SB-657, by Huffman and Hegar, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB657

SB-691, by Estes, Relating to the exemption from permitting by groundwater conservation districts for certain water wells used for domestic, livestock, and poultry watering purposes. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB691

SB-692, by Estes, Relating to exemptions from groundwater conservation district permit requirements. 5/9/2011 – Signed by the Governor. Effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB692

SB-737, by Hegar, Relating to the management of groundwater production by groundwater conservation districts. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB737

SB-756, by Seliger, Relating to a prohibition on the transport of surface water or groundwater more than a specified distance from the water's source; providing an administrative penalty. A person may not transport surface water or groundwater more than 75 miles from the water's source. 2/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB756

SB-1148, by Wentworth, Relating to the authority of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1148

SB-1295, by Hegar, Relating to the mining and reclamation of certain land previously affected by surface coal mining operations. 5/21/2011 - House passage reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1295

SB-1303, by West, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/9/2011 - Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1303

SB-1478, by Hegar, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 5/16/2011 - Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1478

SB-1479, by Hegar, Relating to the coordination of uranium mining permitting activities by the Railroad Commission of Texas and the Texas Commission on Environmental Quality. 3/22/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1479

SB-1569, by Estes, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1569

SB-1606, by Seliger, Relating to reporting requirements regarding groundwater withdrawals for water wells. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1606

Henry M. Wise, P.G.
The Wise Report
5/21/2011

_____________________________

The Wise Report
Henry M. Wise, P.G
May 15, 2011

I've been compiling a list of proposed bills that may be of interest to geologists. If you have any that I have missed, let me know and I'll include them. Filing of proposed bills has begun and here's the ones I'm currently watching. All new items or updates are in bold:

HB-377, by McClendon, Relating to the expenditure of money from the general revenue fund for rail projects. 4/26/2011 – Referred to Transportation & Homeland Security. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB377

HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." 5/11/2011 – Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444

HB-977, by Burnham, Relating to the development of a climate adaptation plan by certain entities. 5/13/2011 – Senate passage reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB977

HB-1164, by Keffer, Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. The PE Board may not impose an administrative penalty for a violation on a political subdivision, or public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. Geologists aren't mentioned in this piece of legislation, but could eventually be. 4/27/2011 - Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1164

HB-1302, by Larson, Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. 4/13/2011 - No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1302

HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. Scheduled for public hearing on 5/10/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067

HB-2268, by Hancock, Relating to compliance with state and federal environmental permits. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2268

HB-2311, by Miller, Relating to exemptions from groundwater conservation district permit requirements. 4/26/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2311

HB-2364, by Christian, Relating to notification of local groundwater conservation districts by the Texas Commission on Environmental Quality when groundwater contamination is found. 5/6/2011 - Considered in Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2364

HB-2420, by King, Relating to exemptions from permitting by groundwater conservation districts of the drilling and operation of certain water wells. 4/18/2011 - Laid on table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2420

HB-2480, by Geren, Relating to the licensing and regulation of geoscientists by the Texas Board of Professional Engineers, the regulation and licensing of land surveyors by the Texas Board of Architectural Examiners, and the abolition of the Texas Board of Professional Geoscientists and the Texas Board of Professional Land Surveying. This bill abolishes the TBPG and places Professional Geoscientists under the jurisdiction of the TBPE. 4/5/2011 – No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2480

HB-2543, by Smith, Relating to the licensing and regulation of architecture, engineering, landscape architecture, and land surveying by the Texas Board of Professional Services, the deregulation of interior design, and the abolition of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveyors. This bill is on the watch list because it has the potential to be amended to include Professional Geoscientists. 3/15/2011 - Referred to Licensing & Administrative Procedures. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2543

HB-2657, by King, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/5/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2657

HB-2694, by Smith, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Among other things, it transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. Some people believe transferring this responsibility to the RRC is a conflict of interest for the RRC and that it should be left in the hands of the TCEQ. 5/12/2011 – Senate passage as reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694

HB-2939, by King, Relating to the annual reporting of groundwater use in activities related to the exploration or drilling for or production of oil or gas by owners or operators of oil and gas wells. 4/5/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2939

HB-2963, by Crownover, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 5/9/2011 – Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2963

HB-2984, by Smith, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/17/2011- Referred to Environmental Regulations. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2984

HB-3066, by Burnam, Relating to regulation of air contaminant emissions from oil and gas wells. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3066

HB-3106, by Keffer, Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. 3/18/2011 - Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3106

HB-3163, by Hancock, Relating to responsibilities of the Texas Commission on Environmental Quality and Production Area Authorizations (for Uranium In-situ Recovery). 5/2/2011 – Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3163

HB-3166, by Callegari, Relating to the abolition and consolidation of state agencies. This bill includes HB 2543 and is therefore on the watch list because it has the potential to be amended to include Professional Geoscientists. 5/7/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3166

HB-3328, by Keffer, Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. 5/13/2011 – Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3328

HB-3460, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. 4/6/2011 – Left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3460

HB-3480, by Christian, Relating to the stringency of requirements imposed by the Texas Commission on Environmental Quality. The TCEQ may not impose a standard or requirement to regulate an activity under the TCEQ's jurisdiction that is more stringent than the minimum acceptable standard or requirement under the applicable federal law or a regulation adopted by the United States Environmental Protection Agency to regulate the same activity. 3/18/2011 - Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3480

HB-3586, by Taylor, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3586

HB-3749, by Oliveira, Relating to establishing certain rights of an owner of the surface estate in land who does not own any interest in the mineral estate in the land in connection with the exploration for and production of the minerals. One of the provisions is: "The mineral interest user may not use any groundwater under or surface water on the surface tract in connection with a mineral development site or mineral development improvements without the express prior written consent of the surface tract owner." 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3749

SB-104, by Davis, Relating to restriction on the release into the air of natural gas and an associated vapors from a gas well. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB104

SB-105, by Davis, relating to a restriction on the formation in which certain commercial disposal wells permitted by the Railroad Commission of Texas may inject oil and gas waste. "...applies only to a commercial disposal well...proposed to be located in a hydrocarbon-producing geological formation that underlies all or part of two counties: (1) that are adjacent to one another; and (2) each of which has a population of more than 1.4 million. (b) A permit issued by the railroad commission for a commercial disposal well...that authorizes the disposal of oil and gas waste may authorize the disposal of the waste only in the Ellenberger formation or a deeper formation." 5/11/2011 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB105

SB-274, by Uresti, Relating to the regulation by groundwater conservation districts of certain wells. Pertains specifically to the Hill Country Priority Groundwater Management Area. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB274

SB-301, by Wentworth, Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties. The TBPG is following this legislation and will be discussing its potential impact for PGs. It's my understanding that it shouldn't affect any self-initiated complaints by the TBPG so you could still complain unofficially. Also, 39 TAC 851.106(e) says that Professional Geoscientists are supposed to report violations, so you've always got the excuse that you felt it was a violation and you reported it as such. Kind of like a Good Samaritan law. 5/10/2011 – Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB301

SB-424, by Ellis, Relating to the development of a climate adaptation plan by certain entities. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB424

SB-429, by Nichols, Relating to notification of applications for permits for certain injection wells. Adds giving a copy of the draft permit to the governing groundwater conservation district. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB429

SB-430, by Watson, Adds a requirement to notify the governing groundwater conservation district to the list of required notifications of contaminated groundwater. 5/7/2011 Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB430

SB-467, by Wentworth, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/11/2011 – Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB467

SB-657, by Huffman and Hegar, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB657

SB-691, by Estes, Relating to the exemption from permitting by groundwater conservation districts for certain water wells used for domestic, livestock, and poultry watering purposes. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB691

SB-692, by Estes, Relating to exemptions from groundwater conservation district permit requirements. 5/9/2011 – Signed by the Governor. Effective immediately. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB692

SB-737, by Hegar, Relating to the management of groundwater production by groundwater conservation districts. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB737

SB-756, by Seliger, Relating to a prohibition on the transport of surface water or groundwater more than a specified distance from the water's source; providing an administrative penalty. A person may not transport surface water or groundwater more than 75 miles from the water's source. 2/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB756

SB-1148, by Wentworth, Relating to the authority of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1148

SB-1295, by Hegar, Relating to the mining and reclamation of certain land previously affected by surface coal mining operations. 5/12/2011 – Reported favorably without amendments. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1295

SB-1303, by West, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/9/2011 Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1303

SB-1478, by Hegar, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 5/11/2011 Reported enrolled. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1478

SB-1479, by Hegar, Relating to the coordination of uranium mining permitting activities by the Railroad Commission of Texas and the Texas Commission on Environmental Quality. 3/22/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1479

SB-1569, by Estes, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1569

SB-1606, by Seliger, Relating to reporting requirements regarding groundwater withdrawals for water wells. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1606

Henry M. Wise, P.G.
The Wise Report
5/15/2011

___________________________________

The Wise Report
Henry M. Wise, P.G
May 7, 2011

Representatives Ben Ray Lujan (D-NM) and Martin Heinrich (D-NM) introduced the Uranium Resources Stewardship Act (H.R. 1452, http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.01452) to manage uranium mining on federal lands through a competitive leasing program and to impose a 12.5 percent royalty on uranium. Under current law, the General Mining Act of 1872, companies do not pay royalties for minerals taken from public lands. Advocates for the bill say companies are not paying for cleanup and reclamation costs. Mining companies are opposed to any new measure that requires added fees. Senator Jeff Bingaman (D-NM) introduced similar legislation in 2009, but the bill did not advance in the Senate.

I've been compiling a list of proposed bills that may be of interest to geologists. If you have any that I have missed, let me know and I'll include them. Filing of proposed bills has begun and here's the ones I'm currently watching. All new items or updates are in bold:

HB-377, by McClendon, Relating to the expenditure of money from the general revenue fund for rail projects. 4/26/2011 – Referred to Transportation & Homeland Security. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB377

HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." 5/9/2011 - Placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444

HB-977, by Burnham, Relating to the development of a climate adaptation plan by certain entities. 4/29/2011 - Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB977

HB-1164, by Keffer, Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. The PE Board may not impose an administrative penalty for a violation on a political subdivision, or public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. Geologists aren't mentioned in this piece of legislation, but could eventually be. 4/27/2011 - Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1164

HB-1302, by Larson, Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. 4/13/2011 - No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1302

HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. Scheduled for public hearing on 5/10/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067

HB-2268, by Hancock, Relating to compliance with state and federal environmental permits. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2268

HB-2311, by Miller, Relating to exemptions from groundwater conservation district permit requirements. 4/26/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2311

HB-2364, by Christian, Relating to notification of local groundwater conservation districts by the Texas Commission on Environmental Quality when groundwater contamination is found. 5/6/2011 - Considered in Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2364

HB-2420, by King, Relating to exemptions from permitting by groundwater conservation districts of the drilling and operation of certain water wells. 4/18/2011 - Laid on table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2420

HB-2480, by Geren, Relating to the licensing and regulation of geoscientists by the Texas Board of Professional Engineers, the regulation and licensing of land surveyors by the Texas Board of Architectural Examiners, and the abolition of the Texas Board of Professional Geoscientists and the Texas Board of Professional Land Surveying. This bill abolishes the TBPG and places Professional Geoscientists under the jurisdiction of the TBPE. 4/5/2011 – No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2480

HB-2543, by Smith, Relating to the licensing and regulation of architecture, engineering, landscape architecture, and land surveying by the Texas Board of Professional Services, the deregulation of interior design, and the abolition of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveyors. This bill is on the watch list because it has the potential to be amended to include Professional Geoscientists. 3/15/2011 - Referred to Licensing & Administrative Procedures. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2543

HB-2657, by King, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/5/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2657

HB-2694, by Smith, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Among other things, it transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. Some people believe transferring this responsibility to the RRC is a conflict of interest for the RRC and that it should be left in the hands of the TCEQ. 5/9/2011 - Not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694

HB-2939, by King, Relating to the annual reporting of groundwater use in activities related to the exploration or drilling for or production of oil or gas by owners or operators of oil and gas wells. 4/5/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2939

HB-2963, by Crownover, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 4/18/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2963

HB-2984, by Smith, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/17/2011- Referred to Environmental Regulations. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2984

HB-3066, by Burnam, Relating to regulation of air contaminant emissions from oil and gas wells. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3066

HB-3106, by Keffer, Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. 3/18/2011 - Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3106

HB-3163, by Hancock, Relating to responsibilities of the Texas Commission on Environmental Quality and Production Area Authorizations (for Uranium In-situ Recovery). 4/26/2011 - Committee report distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3163
HB-3166, by Callegari, Relating to the abolition and consolidation of state agencies. This bill includes HB 2543 and is therefore on the watch list because it has the potential to be amended to include Professional Geoscientists. 5/2/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3166

HB-3328, by Keffer, Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. 5/7/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3328

HB-3460, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. 4/6/2011 – Left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3460

HB-3480, by Christian, Relating to the stringency of requirements imposed by the Texas Commission on Environmental Quality. The TCEQ may not impose a standard or requirement to regulate an activity under the TCEQ's jurisdiction that is more stringent than the minimum acceptable standard or requirement under the applicable federal law or a regulation adopted by the United States Environmental Protection Agency to regulate the same activity. 3/18/2011 - Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3480

HB-3586, by Taylor, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3586

HB-3749, by Oliveira, Relating to establishing certain rights of an owner of the surface estate in land who does not own any interest in the mineral estate in the land in connection with the exploration for and production of the minerals. One of the provisions is: "The mineral interest user may not use any groundwater under or surface water on the surface tract in connection with a mineral development site or mineral development improvements without the express prior written consent of the surface tract owner." 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3749

SB-104, by Davis, Relating to restriction on the release into the air of natural gas and an associated vapors from a gas well. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB104

SB-105, by Davis, relating to a restriction on the formation in which certain commercial disposal wells permitted by the Railroad Commission of Texas may inject oil and gas waste. "...applies only to a commercial disposal well...proposed to be located in a hydrocarbon-producing geological formation that underlies all or part of two counties: (1) that are adjacent to one another; and (2) each of which has a population of more than 1.4 million. (b) A permit issued by the railroad commission for a commercial disposal well...that authorizes the disposal of oil and gas waste may authorize the disposal of the waste only in the Ellenberger formation or a deeper formation." 5/5/2011 Received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB105

SB-274, by Uresti, Relating to the regulation by groundwater conservation districts of certain wells. Pertains specifically to the Hill Country Priority Groundwater Management Area. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB274

SB-301, by Wentworth, Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties. The TBPG is following this legislation and will be discussing its potential impact for PGs. It's my understanding that it shouldn't affect any self-initiated complaints by the TBPG so you could still complain unofficially. Also, 39 TAC 851.106(e) says that Professional Geoscientists are supposed to report violations, so you've always got the excuse that you felt it was a violation and you reported it as such. Kind of like a Good Samaritan law. Scheduled for Public Hearing on 5/10/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB301

SB-424, by Ellis, Relating to the development of a climate adaptation plan by certain entities. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB424

SB-429, by Nichols, Relating to notification of applications for permits for certain injection wells. Adds giving a copy of the draft permit to the governing groundwater conservation district. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB429

SB-430, by Watson, Adds a requirement to notify the governing groundwater conservation district to the list of required notifications of contaminated groundwater. 5/7/2011 Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB430

SB-467, by Wentworth, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/10/2011 Placed on local & uncontested calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB467

SB-657, by Huffman and Hegar, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB657

SB-691, by Estes, Relating to the exemption from permitting by groundwater conservation districts for certain water wells used for domestic, livestock, and poultry watering purposes. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB691

SB-692, by Estes, Relating to exemptions from groundwater conservation district permit requirements. 4/28/2011 - Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB692

SB-737, by Hegar, Relating to the management of groundwater production by groundwater conservation districts. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB737

SB-756, by Seliger, Relating to a prohibition on the transport of surface water or groundwater more than a specified distance from the water's source; providing an administrative penalty. A person may not transport surface water or groundwater more than 75 miles from the water's source. 2/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB756

SB-1148, by Wentworth, Relating to the authority of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1148

SB-1295, by Hegar, Relating to the mining and reclamation of certain land previously affected by surface coal mining operations. 4/29/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1295

SB-1303, by West, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 5/6/2011 Reported enrolled. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1303

SB-1478, by Hegar, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 5/3/2011 Reported favorably without amendments. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1478

SB-1479, by Hegar, Relating to the coordination of uranium mining permitting activities by the Railroad Commission of Texas and the Texas Commission on Environmental Quality. 3/22/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1479

SB-1569, by Estes, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1569

SB-1606, by Seliger, Relating to reporting requirements regarding groundwater withdrawals for water wells. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1606

Henry M. Wise, P.G.
The Wise Report
5/7/2011

___________________________________________________

The Wise Report
Henry M. Wise, P.G
April 30, 2011

On 4/21/2011, John Mikels, with Geos Consulting, attended a House Government Efficiency and Reform Committee (Callegari chair) meeting, for a public hearing on HB-3166. Mike Hess and Charles Horton of the Texas Board of Professional Geoscientists (TBPG) were also there. This bill abolishes/consolidates several state agencies. The TBPG is still not amongst the targets, at this time. There was a rumor of a committee substitute being introduced during this meeting, and there was a concern that the TBPG would be added to target list. Fortunately we weren't, the substitute was nixed, and original HB-3166 was left standing in committee. HB-3166 is primarily the ongoing consolidation squabble between engineers, architects, and surveyors. Nothing else of substance which might impact TBPG has been detected since.

I've been compiling a list of proposed bills that may be of interest to geologists. If you have any that I have missed, let me know and I'll include them. Filing of proposed bills has begun and here's the ones I'm currently watching. All new items or updates are in bold:

HB-377, by McClendon, Relating to the expenditure of money from the general revenue fund for rail projects. 4/26/2011 – Referred to Transportation & Homeland Security. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB377

HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." Scheduled for public hearing on 5/3/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444

HB-977, by Burnham, Relating to the development of a climate adaptation plan by certain entities. 4/29/2011 - Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB977

HB-1164, by Keffer, Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. The PE Board may not impose an administrative penalty for a violation on a political subdivision, or public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. Geologists aren't mentioned in this piece of legislation, but could eventually be. 4/27/2011 - Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1164

HB-1302, by Larson, Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. Scheduled for public hearing on 4/13/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1302

HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. 4/27/2011 - Received from the House. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067

HB-2268, by Hancock, Relating to compliance with state and federal environmental permits. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2268

HB-2311, by Miller, Relating to exemptions from groundwater conservation district permit requirements. 4/26/2011 - Laid on the table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2311

HB-2364, by Christian, Relating to notification of local groundwater conservation districts by the Texas Commission on Environmental Quality when groundwater contamination is found. 4/12/2011 – Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2364

HB-2420, by King, Relating to exemptions from permitting by groundwater conservation districts of the drilling and operation of certain water wells. 4/18/2011 - Laid on table subject to call. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2420

HB-2480, by Geren, Relating to the licensing and regulation of geoscientists by the Texas Board of Professional Engineers, the regulation and licensing of land surveyors by the Texas Board of Architectural Examiners, and the abolition of the Texas Board of Professional Geoscientists and the Texas Board of Professional Land Surveying. This bill abolishes the TBPG and places Professional Geoscientists under the jurisdiction of the TBPE. 4/5/2011 – No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2480

HB-2543, by Smith, Relating to the licensing and regulation of architecture, engineering, landscape architecture, and land surveying by the Texas Board of Professional Services, the deregulation of interior design, and the abolition of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveyors. This bill is on the watch list because it has the potential to be amended to include Professional Geoscientists. 3/15/2011 - Referred to Licensing & Administrative Procedures. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2543

HB-2657, by King, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 4/27/2011 - Committee report sent to Local & Consent Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2657

HB-2694, by Smith, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Among other things, it transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. Some people believe transferring this responsibility to the RRC is a conflict of interest for the RRC and that it should be left in the hands of the TCEQ. Scheduled for public hearing on 5/3/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694

HB-2939, by King, Relating to the annual reporting of groundwater use in activities related to the exploration or drilling for or production of oil or gas by owners or operators of oil and gas wells. 5/2/2011 Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2939

HB-2963, by Crownover, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 4/18/2011 - Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2963

HB-2984, by Smith, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/17/2011- Referred to Environmental Regulations. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2984

HB-3066, by Burnam, Relating to regulation of air contaminant emissions from oil and gas wells. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3066

HB-3106, by Keffer, Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. 3/18/2011 - Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3106

HB-3163, by Hancock, Relating to responsibilities of the Texas Commission on Environmental Quality and Production Area Authorizations (for Uranium In-situ Recovery). 4/26/2011 - Committee report distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3163

HB-3166, by Callegari, Relating to the abolition and consolidation of state agencies. This bill includes HB 2543 and is therefore on the watch list because it has the potential to be amended to include Professional Geoscientists. Scheduled for formal meeting on 4/27/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3166

HB-3328, by Keffer, Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. 4/6/2011 – Left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3328

HB-3460, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. 4/6/2011 – Left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3460

HB-3480, by Christian, Relating to the stringency of requirements imposed by the Texas Commission on Environmental Quality. The TCEQ may not impose a standard or requirement to regulate an activity under the TCEQ's jurisdiction that is more stringent than the minimum acceptable standard or requirement under the applicable federal law or a regulation adopted by the United States Environmental Protection Agency to regulate the same activity. 3/18/2011 - Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3480

HB-3586, by Taylor, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3586

HB-3749, by Oliveira, Relating to establishing certain rights of an owner of the surface estate in land who does not own any interest in the mineral estate in the land in connection with the exploration for and production of the minerals. One of the provisions is: "The mineral interest user may not use any groundwater under or surface water on the surface tract in connection with a mineral development site or mineral development improvements without the express prior written consent of the surface tract owner." 4/20/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3749

SB-104, by Davis, Relating to restriction on the release into the air of natural gas and an associated vapors from a gas well. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB104

SB-105, by Davis, relating to a restriction on the formation in which certain commercial disposal wells permitted by the Railroad Commission of Texas may inject oil and gas waste. "...applies only to a commercial disposal well...proposed to be located in a hydrocarbon-producing geological formation that underlies all or part of two counties: (1) that are adjacent to one another; and (2) each of which has a population of more than 1.4 million. (b) A permit issued by the railroad commission for a commercial disposal well...that authorizes the disposal of oil and gas waste may authorize the disposal of the waste only in the Ellenberger formation or a deeper formation." 4/28/2011 - Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB105

SB-274, by Uresti, Relating to the regulation by groundwater conservation districts of certain wells. Pertains specifically to the Hill Country Priority Groundwater Management Area. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB274

SB-301, by Wentworth, Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties. The TBPG is following this legislation and will be discussing its potential impact for PGs. It's my understanding that it shouldn't affect any self-initiated complaints by the TBPG so you could still complain unofficially. Also, 39 TAC 851.106(e) says that Professional Geoscientists are supposed to report violations, so you've always got the excuse that you felt it was a violation and you reported it as such. Kind of like a Good Samaritan law. 2/2/2011 - Referred to Business & Commerce. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB301

SB-424, by Ellis, Relating to the development of a climate adaptation plan by certain entities. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB424

SB-429, by Nichols, Relating to notification of applications for permits for certain injection wells. Adds giving a copy of the draft permit to the governing groundwater conservation district. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB429

SB-430, by Watson, Adds a requirement to notify the governing groundwater conservation district to the list of required notifications of contaminated groundwater. 3/28/2011 - Received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB430

SB-467, by Wentworth, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/28/2011 - Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB467

SB-657, by Huffman and Hegar, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB657

SB-691, by Estes, Relating to the exemption from permitting by groundwater conservation districts for certain water wells used for domestic, livestock, and poultry watering purposes. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB691

SB-692, by Estes, Relating to exemptions from groundwater conservation district permit requirements. 4/28/2011 - Sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB692

SB-737, by Hegar, Relating to the management of groundwater production by groundwater conservation districts. 4/29/2011 - Signed by the Governor, Effective 9/1/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB737

SB-756, by Seliger, Relating to a prohibition on the transport of surface water or groundwater more than a specified distance from the water's source; providing an administrative penalty. A person may not transport surface water or groundwater more than 75 miles from the water's source. 2/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB756

SB-1148, by Wentworth, Relating to the authority of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/19/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1148

SB-1295, by Hegar, Relating to the mining and reclamation of certain land previously affected by surface coal mining operations. 4/29/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1295

SB-1303, by West, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. Scheduled for public hearing on 5/3/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1303

SB-1478, by Hegar, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 4/29/2011 - Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1478

SB-1479, by Hegar, Relating to the coordination of uranium mining permitting activities by the Railroad Commission of Texas and the Texas Commission on Environmental Quality. 3/22/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1479

SB-1569, by Estes, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1569

SB-1606, by Seliger, Relating to reporting requirements regarding groundwater withdrawals for water wells. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1606

Henry M. Wise, P.G.
The Wise Report
4/30/2011

_____________________________________

The Wise Report
Henry M. Wise, P.G
April 17, 2011

I've been compiling a list of proposed bills that may be of interest to geologists. If you have any that I have missed, let me know and I'll include them. Filing of proposed bills has begun and here's the ones I'm currently watching. All new items or updates are in bold:

HB-377, by McClendon, Relating to the expenditure of money from the general revenue fund for rail projects. 4/13/2011 – Received from the House. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB377

HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells. "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." 4/7/2011 – Received from the House. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444

HB-977, by Burnham, Relating to the development of a climate adaptation plan by certain entities. Scheduled for public hearing on 4/20/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB977

HB-1164, by Keffer, Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. The PE Board may not impose an administrative penalty for a violation on a political subdivision, or public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter. Geologists aren't mentioned in this piece of legislation, but could eventually be. 4/14/2011 – Reported favorably without amendments. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1164

HB-1302, by Larson, Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. Scheduled for public hearing on 4/13/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1302

HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. 4/15/2011 – Committee report distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067

HB-2268, by Hancock, Relating to compliance with state and federal environmental permits. Scheduled for public hearing on 4/20/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2268

HB-2311, by Miller, Relating to exemptions from groundwater conservation district permit requirements. 4/5/2011 – Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2311

HB-2364, by Christian, Relating to notification of local groundwater conservation districts by the Texas Commission on Environmental Quality when groundwater contamination is found. 4/12/2011 – Committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2364

HB-2420, by King, Relating to exemptions from permitting by groundwater conservation districts of the drilling and operation of certain water wells. 4/18/2011 - Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2420

HB-2480, by Geren, Relating to the licensing and regulation of geoscientists by the Texas Board of Professional Engineers, the regulation and licensing of land surveyors by the Texas Board of Architectural Examiners, and the abolition of the Texas Board of Professional Geoscientists and the Texas Board of Professional Land Surveying. This bill abolishes the TBPG and places Professional Geoscientists under the jurisdiction of the TBPE. 4/5/2011 – No action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2480

HB-2543, by Smith, Relating to the licensing and regulation of architecture, engineering, landscape architecture, and land surveying by the Texas Board of Professional Services, the deregulation of interior design, and the abolition of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveyors. This bill is on the watch list because it has the potential to be amended to include Professional Geoscientists. 3/15/2011 - Referred to Licensing & Administrative Procedures. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2543

HB-2657, by King, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 4/14/2011 - Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2657

HB-2694, by Smith, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Among other things, it transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. Some people believe transferring this responsibility to the RRC is a conflict of interest for the RRC and that it should be left in the hands of the TCEQ. 4/19/2011 – Placed on Major State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694

HB-2939, by King, Relating to the annual reporting of groundwater use in activities related to the exploration or drilling for or production of oil or gas by owners or operators of oil and gas wells. 4/5/2011 – Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2939

HB-2963, by Crownover, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. 4/15/2011 – Committee report distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2963

HB-2984, by Smith, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/17/2011- Referred to Environmental Regulations. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2984

HB-3066, by Burnam, Relating to regulation of air contaminant emissions from oil and gas wells. Scheduled for public hearing on 4/20/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3066

HB-3106, by Keffer, Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. 3/18/2011 - Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3106

HB-3163, by Hancock, Relating to responsibilities of the Texas Commission on Environmental Quality and Production Area Authorizations (for Uranium In-situ Recovery). 3/18/2011 - Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3163

HB-3166, by Callegari, Relating to the abolition and consolidation of state agencies. This bill includes HB 2543 and is therefore on the watch list because it has the potential to be amended to include Professional Geoscientists. Scheduled for public hearing on 4/21/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3166

HB-3328, by Keffer, Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. 4/6/2011 – Left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3328

HB-3460, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. 4/6/2011 – Left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3460

HB-3480, by Christian, Relating to the stringency of requirements imposed by the Texas Commission on Environmental Quality. The TCEQ may not impose a standard or requirement to regulate an activity under the TCEQ's jurisdiction that is more stringent than the minimum acceptable standard or requirement under the applicable federal law or a regulation adopted by the United States Environmental Protection Agency to regulate the same activity. 3/18/2011 - Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3480

HB-3586, by Taylor, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Scheduled for public hearing on 4/20/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3586

HB-3749, by Oliveira, Relating to establishing certain rights of an owner of the surface estate in land who does not own any interest in the mineral estate in the land in connection with the exploration for and production of the minerals. One of the provisions is: "The mineral interest user may not use any groundwater under or surface water on the surface tract in connection with a mineral development site or mineral development improvements without the express prior written consent of the surface tract owner." Scheduled for public hearing on 4/20/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3749

SB-104, by Davis, Relating to restriction on the release into the air of natural gas and an associated vapors from a gas well. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB104

SB-105, by Davis, relating to a restriction on the formation in which certain commercial disposal wells permitted by the Railroad Commission of Texas may inject oil and gas waste. "...applies only to a commercial disposal well...proposed to be located in a hydrocarbon-producing geological formation that underlies all or part of two counties: (1) that are adjacent to one another; and (2) each of which has a population of more than 1.4 million. (b) A permit issued by the railroad commission for a commercial disposal well...that authorizes the disposal of oil and gas waste may authorize the disposal of the waste only in the Ellenberger formation or a deeper formation." 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB105

SB-274, by Uresti, Relating to the regulation by groundwater conservation districts of certain wells. Pertains specifically to the Hill Country Priority Groundwater Management Area. 1/31/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB274

SB-301, by Wentworth, Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties. The TBPG is following this legislation and will be discussing its potential impact for PGs. It's my understanding that it shouldn't affect any self-initiated complaints by the TBPG so you could still complain unofficially. Also, 39 TAC 851.106(e) says that Professional Geoscientists are supposed to report violations, so you've always got the excuse that you felt it was a violation and you reported it as such. Kind of like a Good Samaritan law. 2/2/2011 - Referred to Business & Commerce. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB301

SB-424, by Ellis, Relating to the development of a climate adaptation plan by certain entities. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB424

SB-429, by Nichols, Relating to notification of applications for permits for certain injection wells. Adds giving a copy of the draft permit to the governing groundwater conservation district. 2/2/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB429

SB-430, by Watson, Adds a requirement to notify the governing groundwater conservation district to the list of required notifications of contaminated groundwater. 3/28/2011 - Received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB430

SB-467, by Wentworth, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Scheduled for public hearing on 4/19/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB467

SB-657, by Huffman and Hegar, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. 3/16/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB657

SB-691, by Estes, Relating to the exemption from permitting by groundwater conservation districts for certain water wells used for domestic, livestock, and poultry watering purposes. 4/7/2011 – Reported favorably without amendments. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB691

SB-692, by Estes, Relating to exemptions from groundwater conservation district permit requirements. 4/11/2011 – Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB692

SB-737, by Hegar, Relating to the management of groundwater production by groundwater conservation districts. 4/14/2011 - Passed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB737

SB-756, by Seliger, Relating to a prohibition on the transport of surface water or groundwater more than a specified distance from the water's source; providing an administrative penalty. A person may not transport surface water or groundwater more than 75 miles from the water's source. 2/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB756

SB-1148, by Wentworth, Relating to the authority of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Scheduled for public hearing on 4/19/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1148

SB-1295, by Hegar, Relating to the mining and reclamation of certain land previously affected by surface coal mining operations. 4/13/2011 – Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1295

SB-1303, by West, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 4/4/2011 – Ordered not printed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1303

SB-1478, by Hegar, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. Scheduled for public hearing on 4/12/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1478

SB-1479, by Hegar, Relating to the coordination of uranium mining permitting activities by the Railroad Commission of Texas and the Texas Commission on Environmental Quality. 3/22/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1479

SB-1569, by Estes, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1569

SB-1606, by Seliger, Relating to reporting requirements regarding groundwater withdrawals for water wells. 3/23/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB1606

Henry M. Wise, P.G.
The Wise Report
4/17/2011

________________________________________

The Wise Report
Henry M. Wise, P.G.
April 10, 2011

The saga of the Texas PG Board continues. Yesterday (4/4/2011) was interesting and very confusing. I am in the House Committee hearing currently. HB 2480 was not heard today. No other legislation heard so far has any effect upon the geoscience community. The other bill Kevin and I were concerned about, HB 2284, was heard and I heard nothing in it that would affect us. That bill was essentially a peace treaty between the engineers and architects.

It is my understanding that since the engineers and architects have come to terms, Smith's and Callegari's bill that would lump the engineers,architects and surveyors one board are no longer in play.

HB 2480 (Geran's bill that would combine the PG and PE Boards) was not laid out in the Licensing and Administrative Procedures (LAP) Committee meeting on 4/5/2011. This was because the Legislative Budget Board's Fiscal Note for the bill that was finally published and indicated that it would cost $1.2M more over the biennium to administer than the existing unconsolidated boards. Therefore, it appears that this bill will not pass.

HB 2284, which dealt with an agreement on the practice of architecture by qualified engineers who had been practicing architectural design prior to 2011 with amendments (essentially, a grandfather provision) was left pending in the LAP Committee to allow detailed review of all the amendment language by all concerned parties. There was no negative testimony.

All of the above is important because HB 2543 (Smith's bill, which would combine architecture, engineering, landscape architecture, and land surveying into the Texas Board of Professional Services, deregulate interior design, and the abolishment of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveyors), and HB 3166 Callegari's bill, which abolishes a number of Professional Boards, but not the PG Board) are anticipated to go away once the architects and engineers agreed to HB 2284. We have never heard that geoscientists were to be included in HB 2543 or HB 3166, but we were concerned that we could be.

We have been told that none of the consolidation bills were going through, and they would be recommended for an interim study between this session and the next session. We need to be involved in that interim study as much as possible if we are to have any input into our own professional destiny.
We have been unable to find a sponsor for our "Professional Services Department Legislation", probably because of all of the above actions. It's just as well, since it currently looks like we may wind up being left alone. The House Finance Committee has approved the TBPG's budget, as proposed. and it looks like the Senate Finance Committee will also approve the TBPG budget. However, the Governor could still line item veto the TBPG, but without some other mechanism in place, a line item veto of the TBPG would result in a net loss of $1.1 million to the state over the 2012-2013 bBiennium.

As we have learned, the situation can change with in hours. As long as the legislature is in session we need to be diligent in our watch. Other legislation, such as a bill that abolishes the TBPG under a consolidation plan could still change the appropriation to the TBPG.

John Mikels, with GEOS Consulting has informed me that the TCEQ is seeking input on specific issues regarding oil & gas production facilities in anticipation of rulemaking later this year. They have created a website where stakeholders can provide information on a number of topics via an anonymous survey format. The TCEQ believes that stakeholder participation leads to better written rules, and we would like to thank you for your contributions to this process. Survey is at the following link: http://www.tceq.texas.gov/assistance/sblga/industry/oilgas.html

Henry M. Wise, P.G.
The Wise Report
4/10/2011

_________________________________________

The Wise Report
Henry M. Wise, P.G
April 2, 2011

Despite the Governor's apparent wish to defund the TBPG, on April 1, 2011 he recommended three new appointees to the PG Board.  No, this isn't an April Fool's joke!  They still need to be confirmed by the Senate.  The proposed appointees are:

Becky Johnson of Fort Worth is a board certified professional geoscientist and geologist, an environmental science professor at Texas Christian University, and owner of Environmental Trainers Inc. She is secretary of the Society of Texas Environmental Professionals, a partner with the Sustainable Energy Roundtable Initiative, and a volunteer with the Texas Commission on Environmental Quality EnviroMentor Program. She is past president of Environmental Education for Tomorrow, and a past member of the Fort Worth Brownfields Consortium and Fort Worth Chamber of Commerce Environmental Health and Safety Committee. Johnson received a bachelor's degree from the University of Texas at Arlington and a master's degree in environmental science and hydrogeology from Texas Christian University.

Judy A. Reeves of Grapevine is a board certified professional geoscientist and geologist, and a senior hydrogeologist at Cirrus Associates LLC. She is a member of the American Institute of Professional Geologists, National Groundwater Association, Geological Society of America, and Association of Groundwater Scientists and Engineers. She is also water committee chair of the Industry Council on the Environment. Reeves received a bachelor's degree, a master's degree in geology, and a doctorate degree in geosciences from Texas Tech University.

Gregory Ulmer of Houston is an attorney at Baker & Hostetler LLP. He is admitted to practice law before the U.S. District Courts for the Southern and Eastern districts of Texas, and the U.S. Fifth Circuit Court of Appeals. He is a member of the State Bar of Texas, American Bar Association, and Garland Walker American Inns of Court. He is also board chair of the Houston Bar Association Dispute Resolution Center and past chair of the Houston Police Officers' Civil Service Commission. Ulmer received a bachelor's degree from the University of Pennsylvania and a law degree from the University of Houston Law Center. He is being reappointed.

Two bills, HB-2694 and its companion bill SB-657 (see below for details), have been brought to my attention by a concerned source.  These bills, which are basically identical, will, among other things, transfer groundwater protection regulation and oversight for oil and gas wells from the Texas Commission on Environmental Quality (TCEQ) to the Texas Railroad Commission (RRC).  The concern is of a conflict of interest.  The RRC's mission is to oversee the exploration and development of oil and gas, and other energy minerals.  The TCEQ's mission is the protection of the environment.  The RRC had jurisdiction over setting protective surface casing until the 1950's, when it was passed to the predecessor of the TCEQ because of the perceived conflict of interest.  My source is also concerned that transferring this authority to the RRC will cause delays in O&G exploration and development because all personnel and files will need to be moved to a new location.  There is also concern for computer file compatibility between the TCEQ and RRC computers.

For those of us who use GPSs (basically, everyone), the Federal Communications Commission (FCC) granted a conditional waiver to LightSquared in January 2011.  LightSquared provides wholesale mobile broadband services.  They have radio spectrum licenses for use in communication satellites and now intends to install up to 40,000 high-powered, land-based transmitters that broadcast in the same band that its communications satellite channels now use.  The conditional waiver granted allows LightSquared to continue development of the terrestrial network and it can now broadcast high-powered signals in a section of the band formerly reserved fro low-power signals from space.

The concern is that this band is adjacent to the band (L-band) that is used by GPS and there is concern that LightSquared's signals will interfere with GPS signals.  The FCC has mandated GPS interference research.  LightSpeed, the US GPS Industry Council, and others, are working on this study.  LightSpeed is being allowed to develop its infrastructure, assuming that viable solutions to the Jamming issue will be found.

I've been compiling a list of proposed bills that may be of interest to geologists.  If you have any that I have missed, let me know and I'll include them.  Filing of proposed bills has begun and here's the ones I'm currently watching.  All new items or updates are in bold:

HB-377, by McClendon, Relating to the expenditure of money from the general revenue fund for rail projects. 4/4/2011 - Placed on General State Calendar. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB377

HB-444, by Creighton, Relating to notification of applications for permits for certain injection wells.  "If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district. The groundwater conservation district may make recommendations to the commission concerning any aspect of the application..." 4/5/2011 - Placed on General State Calendar. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB444

HB-977, by Burnham, Relating to the development of a climate adaptation plan by certain entities. 2/28/2011 - Referred to State Affairs. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB977

HB-1164, by Keffer, Relating to enforcement actions by the Texas Board of Professional Engineers against political subdivisions and certain public officials. The PE Board may not impose an administrative penalty for a violation on a political subdivision, or public official or employee of the state or of a political subdivision of the state who is not licensed under this chapter.  Geologists aren't mentioned in this piece of legislation, but could eventually be.3/1/2011 - Referred to Licensing & Administrative Procedures. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1164  

HB-1302, by Larson, Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. 3/1/2011 - Referred to Energy Resources . For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB1302

HB-2067, by Callegari, Relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. 3/29/2011 = Left pending in Committee. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2067

HB-2268, by Hancock, Relating to compliance with state and federal environmental permits. 3/10/2011 - Referred to Environmental Regulation. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2268

HB-2311, by Miller, Relating to exemptions from groundwater conservation district permit requirements. 3/10/2011 Referred to Natural Resources. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2311

HB-2364, by Christian, Relating to notification of local groundwater conservation districts by the Texas Commission on Environmental Quality when groundwater contamination is found. 3/31/2011 - Reported favorably without amendments. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2364

HB-2420, by King, Relating to exemptions from permitting by groundwater conservation districts of the drilling and operation of certain water wells. 3/31/2011 - Reported favorably without amendments. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2420

HB-2480, by Geren, Relating to the licensing and regulation of geoscientists by the Texas Board of Professional Engineers, the regulation and licensing of land surveyors by the Texas Board of Architectural Examiners, and the abolition of the Texas Board of Professional Geoscientists and the Texas Board of Professional Land Surveying. This bill abolishes the TBPG and places Professional Geoscientists under the jurisdiction of the TBPE. Scheduled for Public hearing on 4/5/2011. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2480

HB-2543, by Smith, Relating to the licensing and regulation of architecture, engineering, landscape architecture, and land surveying by the Texas Board of Professional Services, the deregulation of interior design, and the abolition of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveyors. This bill is on the watch list because it has the potential to be amended to include Professional Geoscientists. 3/15/2011 - Referred to Licensing & Administrative Procedures. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2543

HB-2657, by King, Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature. 3/16/2011 Referred to Government Efficiency & Reform. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2657

HB-2694, by Smith, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Among other things, it transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. Scheduled for Public Hearing on 4/6/2011. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2694

HB-2939, by King, Relating to the annual reporting of groundwater use in activities related to the exploration or drilling for or production of oil or gas by owners or operators of oil and gas wells. Scheduled for Public Hearing on 4/5/2011. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2939

HB-2963, by Crownover, Relating to permit review timelines of the surface mining and reclamation division of the Railroad Commission of Texas. Scheduled for public hearing on 3/30/2011. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2963

HB-2984, by Smith, Relating to the remediation of underground storage tanks and the fee on delivery of certain petroleum products. Also extends the PST Remediation Fund date to 9/1/2018. 3/17/2011- Referred to Environmental Regulations. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB2984

HB-3066, by Burnam, Relating to regulation of air contaminant emissions from oil and gas wells. 3/18/2011 - Referred to Environmental Regulation. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3066

HB-3106, by Keffer, Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. 3/18/2011 - Referred to Energy Resources. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3106

HB-3163, by Hancock, Relating to responsibilities of the Texas Commission on Environmental Quality and Production Area Authorizations (for Uranium In-situ Recovery). 3/18/2011 - Referred to Environmental Regulation. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3163

HB-3166, by Callegari, Relating to the abolition and consolidation of state agencies. This bill includes HB 2543 and is therefore on the watch list because it has the potential to be amended to include Professional Geoscientists. 3/23/2011 - Referred to Government Efficiency & Reform. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3166

HB-3328, by Keffer, Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. Scheduled for Public Hearing on 4/6/2011. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3328

HB-3460, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Scheduled for Public Hearing on 4/6/2011. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3460

HB-3480, by Christian, Relating to the stringency of requirements imposed by the Texas Commission on Environmental Quality. The TCEQ may not impose a standard or requirement to regulate an activity under the TCEQ's jurisdiction that is more stringent than the minimum acceptable standard or requirement under the applicable federal law or a regulation adopted by the United States Environmental Protection Agency to regulate the same activity. 3/18/2011 - Referred to Environmental Regulation. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3480

HB-3586, by Taylor, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage.3/23/2011 - Referred to Energy Resources. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3586

HB-3749, by Oliveira, Relating to establishing certain rights of an owner of the surface estate in land who does not own any interest in the mineral estate in the land in connection with the exploration for and production of the minerals. One of the provisions is: "The mineral interest user may not use any groundwater under or surface water on the surface tract in connection with a mineral development site or mineral development improvements without the express prior written consent of the surface tract owner." 3/23/2011 - Referred to Energy Resources. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=HB3749

SB-104, by Davis, Relating to restriction on the release into the air of natural gas and an associated vapors from a gas well. 1/31/2011 - Referred to Natural Resources.  For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB104

SB-105, by Davis, relating to a restriction on the formation in which certain commercial disposal wells permitted by the Railroad Commission of Texas may inject oil and gas waste.  "...applies only to a commercial disposal well...proposed to be located in a  hydrocarbon-producing geological formation that underlies all or part of two counties: (1) that are adjacent to one another; and (2) each of which has a population of more than 1.4 million.(b) A permit issued by the railroad commission for a commercial disposal well...that authorizes the disposal of oil and gas waste may authorize the disposal of the waste only in the Ellenberger formation or a deeper formation."  1/31/2011 - Referred to Natural Resources. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB105

SB-274, by Uresti, Relating to the regulation by groundwater conservation districts of certain wells.  Pertains specifically to the Hill Country Priority Groundwater Management Area. 1/31/2011 - Referred to Natural Resources. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB274 

SB-301, by Wentworth, Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties.  The TBPG is following this legislation and will be discussing its potential impact for PGs.  It's my understanding that it shouldn't affect any self-initiated complaints by the TBPG so you could still complain unofficially.  Also, 39 TAC 851.106(e) says that Professional Geoscientists are supposed to report violations, so you've always got the excuse that you felt it was a violation and you reported it as such.  Kind of like a good Samaritan law.  2/2/2011 - Referred to Business & Commerce. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB301

SB-424, by Ellis, Relating to the development of a climate adaptation plan by certain entities.  2/2/2011 - Referred to Natural Resources. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB424

SB-429, by Nichols, Relating to notification of applications for permits for certain injection wells.  Adds giving a copy of the draft permit to the governing groundwater conservation district.  2/2/2011 - Referred to Natural Resources.  For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB429

SB-430, by Watson, Adds a requirement to notify the governing groundwater conservation district to the list of required notifications of contaminated groundwater. 3/28/2011 - Received from the Senate. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB430

SB-467, by Wentworth, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 2/14/2011 - Referred to Natural Resources. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB467

SB-657, by Huffman and Hegar, Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Transfers groundwater protection for oil and gas wells to the Texas Railroad Commission. 3/16/2011 - Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB657

SB-691, by Estes, Relating to the exemption from permitting by groundwater conservation districts for certain water wells used for domestic, livestock, and poultry watering purposes. 3/30/2011 - Received from the Senate. For more information go to:  http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=82R&Bill=SB691