April is the time for things to really begin moving at the Texas Legislature. Unfortunately, a lot of it is bad in a session characterized by discriminatory legislation against immigrants, the LGBTQ community, and women. Our protected natural areas have also taken a hit.
Word got out late Wednesday, April 26, that the nomination of Energy Transfer Partners CEO Kelcy Warren had been hastily approved by the full Senate on a 22-9 vote. Sensing opposition, Senate Republicans moved quickly to approve appointment of controversial pipeline CEO to the Texas Parks & Wildlife Commission. Despite nearly 6,000 calls and emails, the Texas Senate approved the appointment of the notorious CEO behind the Dakota Access pipeline as well as the destructive Trans-Pecos and Comanche Trail pipelines. Two Democrats, Sen. Eddie Lucio (D-Brownsville) and Sen. Juan "Chuy" Hinojosa (D-McAllen) joined every Republican in confirming Governor Abbott's nominee, who had given the Governor more than $700,000 in campaign contributions since 2013.
The budget
The budget finally passed the House in a 15-hour marathon session. While there is some good in the House version of SB 1 - the funding bill for the whole state - unfortunately two amendments to the bill struck $40 million in clean air funding and $8 million in local park grants, mainly to fund “anti-abortion” education groups.
The House version of the budget was not accepted by the Senate and it now goes to conference committee. The Senate has named its five “conferees” who will act essentially as their negotiators - Nelson (R-Flower Mound), Hinojosa (D-McAllen), Huffman (R-Houston), Schwertner (R-Georgetown), and Kolkhorst (R-Brenham). The House then named their conferees -- Zerwas-Chair (R-Richmond), Longoria (D-Mission), Ashby (R-Lufkin), Davis of Harris (R-West University Place), and Gonzales of Williamson (R-Round Rock).
Sen. Hinojosa will be the main negotiator on the natural resource agencies for the Senate, while Rep. Larry Gonzales of Round Rock will be the main negotiator on the House side. Sierra Club will try to get funding restored to:
TERP (Texas Emissions Reduction Plan), which funds air quality grants to clean up older vehicles
Local park grants
Full funding for inspectors and database needs at the Railroad Commission of Texas
Funding for drinking water programs at the Texas Commission on Environmental Quality
Funding to continue Texas Water Development Board programs for water conservation and the Economically Distressed Areas Program, which funds wastewater and water for communities that lack basic infrastructure
Speaking of TERP, while the Senate passed a bill, SB 26, to continue the TERP until Texas meets clean air standards, thus far they have not been able to pass a TERP funding bill, SB 1046, as Senators fight over whether to allow some of the money to go to highways or to continue to fund TERP. In the House, the Committee on Environmental Regulation heard three separate TERP bills, HB 1979 by Landgraf (R-Odessa), HB 2682 by Reynolds (D-Missouri City), and HB 3479 by Pickett (D-El Paso).
After several hours of testimony, all three bills were left pending and Pickett appointed a working group of Reps Dale (R-Cedar Park), himself, Reynolds, and Landgraf. Sierra Club worked with a large group of stakeholders on HB 2682 and it is our preferred approach. We will be working to get as much of the Reynolds bill in whichever bill moves forward. We are concerned with Chair Pickett’s approach since he would suspend collection of TERP revenues until most of the existing account is spent. While this approach might make sense theoretically, we don’t believe the House and Senate will fund TERP if revenues are not coming into the program.
Some late breaking news we learned is that Rep. Dale is working with the three other committee members and a bill may get out later this week that meets many of the Sierra Club’s objectives.
More bad bills pass the Senate
Unfortunately, two bills opposed by the Sierra Club passed the Senate this month. First, SB 1045 by Senator Estes (R-Wichita Falls), which removes notice requirements for certain kinds of air permits, passed the Senate on a 26-4 vote. Only four Democratic Senators voted against it (Garcia, Menéndez, Uresti, and Watson). Sen. Miles was absent for the vote. The bill allows TCEQ and applicants for air pollution permits to meet and work out a draft permit and then issue notice to the public. Currently, applicants must provide notice when they first apply for a permit as well as when a draft permit is issued, giving the public more time to comment, ask for a public hearing, or actively oppose an air permit.
The Senate also passed SB 277, an anti-wind bill that prevents wind facilities from receiving tax breaks if they are within 25 miles of certain military facilities where planes are flown. The bill, by Sen. Donna Campbell (R-New Braunfels), is being described as a bill to preserve the military bases in Texas by preventing certain wind development which could impact radar and flight paths. However, all wind development already must check with and get permission from the FAA, the Department of Defense, and ERCOT before they can interconnect any wind facility, meaning the bill arbitrarily punishes wind developmen, potentially impacting thousand of megawatts of new wind energy. The bill passed on a 23-8 vote, with most West Texas senators, where wind is prevalent, voting against the bill. Several south Texas Democrats with military facilities in their district voted for the bill.
Finally, the Senate also passed SB 226 by Van Taylor (R-Plano), which limits public participation in amended water rights permitting. The bill does not deal with new water rights permits, but amended permits, but does limit the ability for public notice and contested case hearings. The bill sailed through the Senate with only six no votes, all Democrats.
Good hearings on Sierra Club-supported bills, but no action yet
Two bills that would require the Railroad Commission of Texas to put complaint and enforcement information online and make it searchable had positive hearings. HB 247 by Rep. Anchia (D-Dallas), and SB 568 by Sen. Rodriguez (D-El Paso) were both heard, with all testimony in favor of the bills. Behind the scenes, however, groups like the Texas Oil and Gas Association and the Texas Independent Producers Organization were actively opposing the bills. Apparently, putting data online that might make the industry look bad is not supported by them, despite the fact that all other states with oil and gas production allow the public to search online for enforcement and complaint information, as does the Texas Commission on Environmental Quality. On Tuesday, a slightly weakened version of SB 568 did get out of committee on a 6-1 vote. Thanks to Senator Rodriguez for all his hard work. Now onto the Senate Floor!
Other good bills, like Rep. Anchia’s HB 237 that would change the name of the Railroad Commission to the Texas Energy Resources Commission, also had hearings, as did several of our key water conservation bills.
We had a positive hearing on HB 2753, which would require the TCEQ to review their rules and regulations on air emissions from oil and gas facilities, and study other states that have superior regulations to capture methane and volatile organic compounds, as well as potential incentives. The bill by Rep. Reynolds (D-Missouri City), is in the Committee on Environmental Regulation. Predictably, it was opposed by the Texas Oil and Gas Association and Texas Association of Business, who argue it is “redundant” to study the issue.
Stay tuned as we head into the final month of the 85th Legislature!