81st Legislature Status

With two weeks left of the 81st Legislative Session, we need to do all that we can to promote the bills that managed to make it out of committee! Here's a list of bills that we're still watching:

SB 1414 Williams – Quarry Registration and Inspection
Requires registration of a quarry operation with the TCEQ prior to beginning extraction activities, and annual renewal of registration as extraction activities continue. TCEQ will annually conduct a physical survey of the state to identify all quarry operations in Texas and ensure that each operation is registered. Additionally, TCEQ will inspect each quarry operation for compliance with environmental laws and rules (specifically those pertaining to water and air quality) at least once every three years. TCEQ will establish inspection fees of no
more than $1,000 per year, and a penalty fee of no less than $5,000 and no more than $10,000 for failure of a quarry operation to register.
Status: Referred to Natural Resources; Passed as substituted 4/16/09, received by House from Senate 4/17/09, reported favorably without amendments 5/14/09

HB 3543 Lucio III – Watershed Protection
Creates Don’t Mess with Texas Water program to prevent illegal dumping that affects the surface waters of this state.
Status: Referred to Natural Resources; Passed as amended 5/05/09, received by Senate from House 5/05/09, referred to Natural Resources 5/06/09, reported favorable without amendment 5/12/09, placed on Local & Uncontested Calendar 5/12/09

HB 2919 King, S. – County Authority
Give counties limited power to regulate land use around military facilities.
Status: Referred to Defense & Veterans’ Affairs; Passed by House 5/14/09 and received by Senate 5/15/09, referred to Senate Veteran Affairs & Military Installments 5/18/09

HB 4299 Rose – Promotion of Rainwater Harvesting
Rainwater harvesting system technology for non-potable indoor use and landscape watering will be incorporated into the design and construction of each new state building with a roof measuring at least 10,000 ft2 that is located in an area of Texas in which the average annual rainfall is at least 28 inches. Each municipality and county is encouraged to promote rainwater harvesting at residential, commercial, and industrial facilities through various incentives. The Texas Water Development Board will hold quarterly training seminars on rainwater harvesting for the members of the permitting staffs of municipalities and counties (mandatory attendance for certain cities and counties). HB 1818 also includes the tax exemption text from HB 225/1816. Status: Referred to Natural Resources; Committee Substitute for HB 4299 passed by House on 5/14/09 and received by Senate from House on 5/15/09, referred to Senate Natural Resources 5/18/09

SB 338 Van de Putte – Resource Conservation
Requires large grocery stores to offer affordable reusable bags for sale.
Status: Referred to Business & Commerce; Passed as substituted and received by House from Senate on 4/09/09; Referred to House Environmental Regulation 4/16/09

HB 179 Creighton; SB 275 Nichols – Commercial Injection Wells
Calls for suspension of the permitting process for any pending application of underground injection wells until any new rules are adopted.
Status: Both referred to Natural Resources Committee; HB 179 reported favorably as substituted and placed on General State Calendar 5/11/09; SB 275 reported favorably as substituted, passed by Senate on 4/30/09, received by House from Senate on 5/01/09, and reported favorably without amendments 5/14/09

SB 752 Davis, W. – Commercial Injection Wells
Prohibits the Railroad Commission from issuing a permit for an underground injection well if a local government has determined that an area is unsuitable due to its proximity to a water table, and notifies the TCEQ or RRC as applicable.
Status: Referred to Natural Resources Committee; Passed as substituted 4/21/09 and received by House from Senate 4/22/09, referred to House Natural Resources 4/28/09, reported favorably without amendment 5/5/09, House committee report sent to Local & Consent Calendar 5/08/09

HB 300 Isett – Sunset Review for TxDOT
GEAA supports HB 300 in essence. TxDOT has failed to develop a comprehensive approach to addressing the state’s transportation needs that goes beyond dependence on roads as main arteries; take into consideration and address the full environmental and other social impacts of its road projects; and provide for meaningful and effective public involvement in shaping the agency’s decisions. HB 300 as filed will not cure all of TxDOT’s ills, but it is an important start.
Status: Referred to Transportation; Passed with MANY amendments 5/11/09, received by Senate from House and referred to Transportation & Homeland Security 5/12/09, scheduled for Public Hearing on 5/18/09


Bills we do NOT support:

HB 1669 Callegari – Power to grant CCNs
If a municipality refuses to provide service to property located in the municipality’s ETJ, a retail public utility may apply to the commission for a CCN to serve the property. The commission can grant the certificate irrespective of whether the municipality consents to the certification.
Status: Referred to Natural Resources; Passed as substituted and amended 5/14/09, received by Senate from House 5/15/09, referred to Senate Natural Resources 5/18/09

HB 1741 King, T. – Artificial Recharge Compensation Guidelines
Relating to recharge of the Edwards Aquifer. Apolitical subdivision that causes artificial recharge of the aquifer is entitled to withdraw the measured amount of water it recharged, less an amount that accounts for recharge water discharged through springs and water that compensates the authority in lieu of users’ fees. The subdivision is also entitled to compensation by the authority for the cost of operating any facility that causes artificial recharge, regardless of its primary function. This bill, created to achieve a worthy goal: that of funding much needed repairs for the Medina Dam, would result in raising the pumping caps enforced by the Edwards Aquifer Authority by designating recharge credits for the water recharged at the Medina Dam site – not a good idea.
Status: Referred to Natural Resources; Passed as substituted 4/30/09, received by Senate from House 5/01/09, referred to Senate Natural Resources 5/06/09, Public Hearing on 5/12/09, now pending

Call for Action: U.S. Surface Transportation Act

In the next few weeks, the U.S. House Transportation and Infrastructure Committee will consider reauthorizing the Surface Transportation Act. We need your help to tell Congress to use this opportunity to reduce stormwater runoff pollution from the nation's 985,139 miles of federal highway.

These roads and highways, built with federal taxpayer dollars, have an enormous negative impact on water quality throughout the nation. Stormwater runoff carried from these roads impairs nearby lakes, streams, and rivers by dumping high volume, high velocity flows into waterways, which erodes streambanks and fills them with deicing agents, toxic metals, nitrogen, phosphorus, bacteria, and sediment.

Before Committee considers reauthorizing the Surface Transportation Act, it is important that Chairman James Oberstar (D-MN) hear from Houes members that it is imperative to control stormwater discharges from our nation's roadways. Delegate Eleanor Holmes Norton (D-DC) has sponsored a Dear Colleague letter requesting that the reauthorization bill include language to control stormwater pollution from federally subsidized roads. Please call your U.S. Representative today and ask him or her to sign Del. Norton's Dear Colleague letter in support of stormwater runoff mitigation on our nation's highways!

For more information about this important issue, please visit the American Rivers website.