Cleaner Vehicles

Vote: HB 2321 (97-37-2-11)

HB 2321 by Rep. Turner (D-Grand Prairie) and Sen. Watson (D-Austin) would have expanded the Low-Income Vehicle Repair and Replacement Program (LIRAP) and made it more flexible. HB 2321 was a bill introduced by Rep. Chris Turner intended to allow the 16 counties currently running LIRAP (also known as the Drive-A-Clean Machine program) more flexibility by issuing replacement and repair grants to drivers that fail emissions inspection tests. The bill would have also allowed the counties to decide how much to dedicate to local initiative projects like enforcement and how much to devote to grants.

Sierra Club's position: The Sierra Club supported HB 2321. A vote for HB 2321 was a vote for the Sierra Club position.

Outcome: HB 2321 passed the House on a 97-37-2-11 vote but didn’t get enough support to make it to the Senate floor. To add insult to injury, Governor Abbott then line-item vetoed the entire budget for LIRAP, wiping out $87 million from the budget that would have reduced vehicle pollution.

Vote: A motion to table an amendment to SB 1045 (77-63-1-8)

SB 1045 was sponsored by Rep. Kacal (R-College Station). The amendment by Rep. Morrison (R-Victoria) would have doubled the amount of time that the public would be allowed to comment on TCEQ air permit applications from 30 to 60 days. SB 1045 was sold as a way to consolidate requirements for air quality permits for relatively minor sources of pollution, by only requiring one public notice once a draft permit was issued by TCEQ. Every new application for an air quality permit requires notice to the public both when the application is declared administratively complete, and also if and when a draft permit is issued, giving the public two opportunities to make comments, ask for a public meeting, or formally oppose the permit. SB 1045 allows certain permits to forego the first notice period if they can get TCEQ to accept the permit and issue a draft within 15 days of receiving the permit application.

Our position: The Sierra Club opposed the motion to table the good amendment by Rep. Morrison. A vote for the Motion to Table the amendment was a vote against the Sierra Club position.

Outcome: The amendment was defeated on a 77-63-1-8 vote. SB 1045 ultimately passed the House and the Governor has signed the bill into law.

Vote: SB 1045 (87-53-1-8)

SB 1045 (Estes/Kacal) was sold as a way to consolidate requirements for air quality permits for relatively minor sources of pollution by only requiring one public notice once a draft permit was issued by TCEQ. Under current law, every new application for an air quality permit requires notice to the public both when the application is declared administratively complete, and also if and when a draft permit is issued, giving the public two opportunities to make comments, ask for a public meeting, or formally oppose the permit. SB 1045 allows certain permits to forego the first notice period if they can get TCEQ to accept the permit and issue a draft within 15 days of receiving the permit application. The Sierra Club fought this change vigorously since it could allow all kinds of permits to only provide neighbors and others with notice before a permit is issued..

Our position: The Sierra Club opposed SB 1045. A vote for SB 1045 was a vote against the Sierra Club position.

Outcome: Unfortunately, the bill ultimately passed the House 87-53-1-8 and the Governor has signed the bill into law.

Oil & Gas

Vote: A motion to table an amendment to HB 1818 (94-48-2-6)

The motion was made by Rep. Darby (R-San Angelo). The amendment, by Rep. Chris Turner (D-Arlington) would have amended the Railroad Commission Sunset Bill to require the Commission to hold public hearings for proposed injection wells located within a municipality. HB 1818 reauthorized the agency that is supposed to regulate oil and gas for another 12 years. While the bill had a few good reforms, it lacked demands made by the Sierra Club and thousands of Texans to modernize the agency, including changing its name or adding basic protections for the public. Rep. Turner’s amendment was in response to a proposed injection well that could impact public drinking water resources in the City of Arlington. Unfortunately, this modest amendment was tabled.

Our position: The Sierra Club supported the amendment to HB 1818. A vote against the motion to table the proposed amendment was a vote for the Sierra Club position.

Outcome: The motion to table was successful and the amendment was not adopted.

Vote: A motion to table an amendment to HB 1818 (102-39-2-7)

The motion was made by Rep. Gonzales (R-Round Rock). The amendment by Rep. Howard (D-Austin) would have required the Railroad Commission to increase the maximum fine that the RRC could assess from $10,000 to $25,000. HB 1818 was the Sunset bill for the Railroad Commission (see above). The RRC’s maximum fines were established in Texas law in 1983, and raising the fines would have put the RRC in line with other agencies like the TCEQ and the Attorney General’s Office.

Our position: The Sierra Club supported the amendment to HB 1818. A vote for the motion to table the proposed amendment was a vote against the Sierra Club position.

Outcome: The motion to table the amendment was approved on a 102-39-2-7 vote, defeating the amendment.

Renewable Energy

Vote: Motion to adopt the Conference Committee Report for SB 277 (97-47-1-5)

SB 277 was sponsored by Sen. Campbell (R-New Braunfels). It eliminates property tax incentives for wind turbine projects within 25 miles of certain military bases with aviation equipment. SB 277 was introduced to “protect” military bases from encroachment from wind power plants, even though hundreds of megawatts of wind already operate safely near military bases with aviation equipment.

Furthermore, Department of Defense and an ERCOT processes already exist to only allow such wind development if the Department of Defense signs off on it. After different versions of SB 277 passed both the House and Senate, a Conference Committee Report was introduced that unfortunately stripped a good amendment that had been added in the House.

Our position: The Sierra Club opposed the Conference Committee Report for SB 277. A vote for the bill was a vote against the Sierra Club position.

Outcome: The CCR for SB 277 passed both the House (97-47-1-5) and the Senate and was signed into law by Governor Abbott.

Tire Dumping

Vote: SB 570 (114-30-1-4)

SB 570 was sponsored by Sen. Rodriguez (D-El Paso) and Rep. Walle (D-Houston). It would have improved regulation and enforcement of the management, storage, transportation, and disposal of used and scrap tires. SB 570 represented a long-time effort of Sen. Rodriguez (and his predecessor, Eliot Shapleigh) to bring better regulation and enforcement of illegal tire dumping and other dangerous tire management practices that can reduce fires, mosquitoes, and toxic messes. While the bill passed the Senate, it had a more difficult road in the House, first failing to pass on the House floor. However, one of the members of the House who had voted initially against it, Rep. Phelan (R-Port Neches), asked for a revote later that day.

Our Position: The Sierra Club supported SB 570. A vote for SB 570 was a vote for the Sierra Club position.

Outcome: After considerable lobbying by many parties, including the Sierra Club, the bill passed on a 114-30-1-4 vote.

Energy Efficiency

Vote: HB 1571 (124-14-3-9)

HB 1571 was sponsored by Rep. Paddie (R-Marshall) and Rep. Hughes (R-Mineola). It boosts the ability of local government and local school districts to enter into performance contracts to save energy, fuels, water, and money. HB 1571 was an uncontroversial bill that expanded the types of energy savings performance contracts that local governments, including school districts, will be able to do by making it easier to take into account future savings. Essentially, local governments and school districts will be able to pay for upgrades in their buildings and vehicles from the savings in utility bills. It should lead to more energy efficiency and water conservation projects.

Our position: The Sierra Club supported HB 1571. A vote for HB 1571 was a vote for the Sierra Club position.

Outcome: The bill passed both the House (124-14-3-9) and the Senate and was signed into law by the Governor.

Water Policy

Vote: HB 1862 (97-47-1-5)

HB 1862 was sponsored by Rep. Lucio III (D-Brownsville). It was a bill that would have designated several Texas stream segments as being of “unique ecological value,” based on recommendations made by regional water planning groups. When a stream segment gets this designation, “a state agency or political subdivision of the state may not finance the actual construction of a reservoir in the designated segment.” Stream segments recommended for this designation include streams important for fish and wildlife habitat and/or streams adjoining parks or other public lands.

Our position: The Sierra Club supported HB 1862. A vote for HB 1862 was a vote for the Sierra Club position.

Outcome: HB 1862 passed the House (97-47-1-5) but was not acted on in the Senate.

Vote: HB 1536 (62-77-2-2)

HB 1536, sponsored by Rep. Farrar (D-Houston), would have required the TCEQ, every two years, to appoint a Green Stormwater Infrastructure and Low Impact Development Report Group to prepare a report on the use of green stormwater infrastructure and low impact development in the state. These terms refer to systems and practices that use or mimic natural resources instead of conventional engineered systems to manage stormwater and protect water quality and associated habitat. The report would have documented the use of these green practices and systems in Texas, identified impediments to their use, and made recommendations on ways to increase their use.

Our position: The Sierra Club supported HB 1536. A vote for HB 1536 was a vote for the Sierra Club position.