Clean Air
Vote: SB 26 (22-6)
SB 26 was sponsored by Sen. Estes (R-Wichita Falls). It would have extended the Texas Emissions Reduction Plan (TERP) beyond its original end date in 2019 until Texas meets Federal Clean Air Standards. The bill would have added a Government Fleets Program and Light-Duty (passenger) Vehicle Incentive Program, while also expanding a program aimed at cleaning up ports and rail yards.
Our Position: The Sierra Club supported SB 26. A vote for SB 26 was a vote for the Sierra Club’s position.
Outcome: Passed in the Senate (22-6) but no House vote. Key provisions from SB 26 were added to SB 1731 which passed House and Senate and was signed into law.
Vote: SB 1045 (26-4-1)
SB 1045 was sponsored by Sen. Estes (R-Wichita Falls). It shortens the public intervention period for companies seeking air quality permits from two public notices to one. SB 1045 was sold as a way to consolidate requirements for relatively minor sources of pollution. Under previous law, every new application for an air quality permit requires one notice to the public when the application is deemed administratively complete, and a second notice when a draft permit is issued. Texans could 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 SB 1045. A vote for SB 1045 was against the Sierra Club’s position.
Outcome: The bill passed the Senate with relative ease (26-4-1), but faced more opposition in the House. The Governor has signed the bill into law.
Railroad Commission Reform
Vote: Amendment to HB 1818 (20-11)
This amendment by Sen. J. Rodriguez (D-El Paso) would have put enforcement data at the Railroad Commission (RRC) online and searchable. HB 1818, the RRC Sunset bill, reauthorized the Railroad Commission of Texas for another 12 years. The bill did not include the Sunset Advisory Commission recommendation to change the Railroad Commission’s name to accurately reflect the agency’s duties concerning oil, gas, and other energy resource mining regulations. Sen. Rodriguez’s amendment would have added a requirement that the RRC put its enforcement data online and make it searchable for the public.
Our Position: The Sierra Club supported the proposed amendment to HB 1818. A vote for the amendment was a vote for the Sierra Club position.
Outcome: The amendment was rejected on a 20-11 party-line vote. Ultimately, HB 1818 did pass the House and Senate, but all pro-people amendments were rejected.
Parks & Wildlife
Vote: Confirmation of Kelcy Warren as a Texas Parks and Wildlife Commissioner. (22-9)
Governor Greg Abbott gave Kelcy Warren, CEO of Energy Transfer Partners, the company behind the Dakota Access and the Trans-Pecos pipelines, a seat on the Texas Parks and Wildlife Commission. Warren can now influence oil and gas leasing decisions in state lands and the granting of easements to allow pipelines to go across state parks or wildlife management areas.
Our Position: The Sierra Club opposed the confirmation of Kelcy Warren. A vote for Kelcy Warren was a vote against the Sierra Club position.
Outcome: Despite our efforts, and massive protests at Parks and Wildlife HQ, Warren was approved on a 22-9 vote and will continue to regulate our protected green spaces.
Renewable Energy
Vote: Conference Committee Report for SB 277 (19-11)
SB 277 was sponsored by Sen. Campbell (R-New Braunfels) and Rep. Frank (R-Wichita Falls). 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 ERCOT processes already exist to only allow such wind development if the Department of Defense signs off on it.
Our Position: The Sierra Club opposed the CCR for SB 277. A vote for the bill was a vote against the Sierra Club position.
Outcome: SB 277 passed both the House and the Senate (19-11) and was signed into law by Governor Abbott.
Tire Dumping
Vote: SB 570 (20-11)
SB 570 was sponsored by Sen. J. 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.
Our Position: The Sierra Club supported SB 570. A vote for SB 570 was a vote for the Sierra Club position.
Outcome: The Senate (20-11) and House passed the bill, but pen-happy Gov. Abbott vetoed it.
Building Codes
Vote: SB 636 (22-9)
SB 636 was sponsored by Sen. Huffines (R-Dallas) and Rep. Isaac (R-Dripping Springs). It requires cities to have a public hearing and a complicated cost-benefit analysis before any adoption of national building codes or amendments to existing codes. Many organizations, including the Sierra Club and the Texas Municipal League, were concerned about the potential for freezing progress on new building codes that can lead to safety and environmental benefits, but also felt that it is not the state’s job to set the procedure for code adoption.
Our Position: The Sierra Club opposed SB 636. A vote for SB 636 was a vote against the Sierra Club position.
Outcome: While SB 636 did pass the Senate on a 22-9 vote, it failed to get out of committee in the House.
Water Policy
Vote: SB 226 (22-6)
SB 226 was sponsored by Rep. Taylor (R-Plano). It exempted certain water rights permit revisions from requirements for public notice and opportunities for hearings. SB 226 was one of several bills introduced this session to limit public involvement in decisions about the issuance or amendment of surface water right permits by the TCEQ. In Texas, surface water (water flowing in rivers and streams) is owned by the public and held in trust by the state, but the state issues the right to use that water to municipalities, industries, agricultural producers, and others. TCEQ, as the agency that issues or revises these permits, must provide public notice and the opportunity to request a contested case hearing on all applications for a new permit or for any amendment to an existing permit. SB 226 would have eliminated that public notice and opportunity for hearing for certain types of proposed revisions to water rights permits.
Our position: The Sierra Club opposed SB 226. A vote for SB 226 was a vote against the Sierra Club position.
Outcome: SB 226 passed the Senate (22-6) but was not acted on in the House.
Vote: HB 1648 (26-4-1)
HB 1648 was sponsored by Rep. Price (R-Amarillo), and Sen. Seliger (R-Amarillo). It requires designation of a water conservation coordinator to implement water conservation plans at the utility level. HB 1648 requires public water utilities with 3,300 or more connections (roughly 10,000 people) that are already required to prepare and submit a water conservation plan to the Texas Water Development Board to designate a person responsible for implementation of that plan. The recommendation was intended to promote accountability and transparency for implementation of water conservation plans, which are usually prepared and submitted but not always actively put into practice.
Our position: The Sierra Club supported HB 1648. A vote against HB 1648 was a vote against the Sierra Club position.
Outcome: HB 1648 passed the House without opposition, passed the Senate (26-4-1), and was signed into law by the Governor.