Update: Texas Legislature and the environment

We’re almost two-thirds of the way through the 89th session of the Texas Legislature. Hundreds of bills have been filed relating to the environment – too many to capture here – but here’s where things stand on the bills related to our legislative agenda. Note that if bills don’t get a hearing in one chamber within the next couple of weeks, they’re likely dead, so we’re working hard to get hearings on our priority bills.  

More nature

• Rep. Pat Curry dropped his bill to abolish the Texas Parks and Wildlife Department (TPWD) after a public backlash
• Rep. Lulu Flores filed HB 5259 and Sen. Molly Cook filed SB 2892 to direct TPWD to develop a Wildlife Corridor Action Plan. 
• The House budget appropriates an extra $15 million for TPWD’s Farm and Ranch Lands Conservation Program, but the Senate gave nothing beyond the base budget of $2 million (TPWD had asked for an extra $30 million). The two chambers will have a conference committee to sort out differences in the budget (and we support the $15 million). 
• Rep. Mary Gonzalez’s HB 1437 creates a pollinator health task force. We also worked with Sen. Judith Zaffirini to draft legislation directing TPWD to update its Pollinator Protection Plan. TPWD said legislation wasn’t necessary and agreed to update the plan voluntarily – a win already!

Clean energy

• A number of bills taking aim at wind and solar energy are moving in the Legislature. SB 388 (King), which would require that 50% of new generation come from natural gas or else make renewable energy pay onerous fees to gas companies, has passed the Senate. SB 819 (Kolkhorst), which would adopt a discriminatory and capricious permitting program for wind and solar energy, has passed out of the Senate Business and Commerce committee. SB 715 (Sparks), which would force wind and solar companies to pay “firming” fees  These bills could cripple wind and solar energy development and it is our top priority to stop these bills. 
• In better news, SB 1202 (King) would streamline the permitting process for rooftop solar and batteries, making it easier for Texans to install clean backup power. Bills to adopt consumer protection standards for solar customers, increase recycling of wind turbines and solar panels, to set decommissioning and fire safety standards for battery energy storage systems, and to allow geothermal energy projects to receive funding from the Texas Energy Fund, are all moving.
• Rep. Salman Bhojani’s HB 2145 would ensure that all new state-owned parking lots and garages include a sufficient number of
  electric vehicle charging stations.
• Sen. Molly Cook has filed SB 2888 to set energy efficiency standards for data centers, which require enormous amounts of energy.

Clean Water 

• Sen. Judith Zaffirini has filed SB 2441 and Rep. Erin Zwiener has filed HB 4028 to get plastics manufacturers to end the dumping and spills of plastic pellets into our waters. 
• SB 1898 by Sen. Nathan Johnson would ban the use of firefighting foam containing toxic PFAS chemicals during training (reserving it to use only to fight actual fires)
• Rep. Helen Kerwin filed HB 1674 and Sen. Kevin Sparks filed SB 886 to require wastewater treatment plants to test biosolids for PFAS contamination to protect farmers. 
• SB 7 and SJR 66 by Sen. Charles Perry would invest $1 billion per year in needed water infrastructure for the state, but unfortunately would require that 80% of the money go to water strategies which can be harmful to the environment and only 20% to fix aging infrastructure. Meanwhile HB 16 and HJR 7 by Rep. Cody Harris would let the Texas Water Development Board decide how to prioritize projects.
• Rep. Barbara Gervin-Hawkins filed a “rider” to the state budget to appropriate $5 million over the biennium to help school districts install filters and hydration stations in schools to protect our kids from lead in the drinking water. The appropriation is currently in Article XI of the budget, a sort of wish list. We need the House-Senate conference committee to put it in the final budget.  
• Legislation to require oil and gas companies to plug oil wells after they’re been inactive for fifteen years, reducing the risk of groundwater contamination, is moving. The Railroad Commission is also seeking $100 million in funding to help them plug more than 8000 abandoned oil wells.

Don’t Mess With Texas

• Rep. Giovanni Capriglione filed HB 2963 and Sen. Bob Hall filed SB 2428 to give Texans more freedom to fix their own stuff, including consumer electronics, by ensuring manufacturers provide consumers and independent repair shops the information, tools and parts needed to repair a product. This will help reduce electronic waste. 
• Sen. Nathan Johnson filed SB 728 and Rep. John Lujan filed HB 2048 to create a bottle deposit program, creating a financial incentive to recycle.
• SB 2689 by Sen. Kelly Hancock and HB 4839 by Rep. Armando Walle would create a new fund to promote recycling.
• HB 1904 by Rep. Terry Canales would ban the intentional release of balloons, which can be very harmful to wildlife

Clean Air

• Sen. Nathan Johnson filed SB 727 to create financial incentives for Texans to replace polluting lawn equipment and other non-road engines with clean electric models
• Dozens of bills have been filed on concrete batch plants, permanent cement facilities, and rock quarries, including SB 763 by Sen. Carol Alvarado to provide for a more regular protectiveness review of the standard permit for concrete batch plants, which has passed the Senate.  

Walkable, Transit-friendly Neighborhoods 

• A number of bills have been filed to undermine Austin’s Project Connect and Dallas Area Rapid Transit, including HB 3879 by Rep. Ellen Troxclair and HB 19 by Rep. Morgan Meyer, which imposes restrictions on how local governments can use property tax revenues for bonds. We oppose these bills. 
• Rep. Angelia Orr filed HB 24 and Sen. Bryan Hughes filed SB 844, which remove barriers to a variety of housing types, such as row homes and accessory dwelling units, which can save water and energy 
• HB 4417 by Rep. Erin Gámez would allow TxDOT to use some funds from the State Highway Fund to build sidewalks.

Other bills of note

• Composting – SB 2078 by Sen. Lois Kolkhorst could discourage composting. The committee substitute to her bill says that if a city requires businesses to compost, it can’t send that food waste to another county. 
• Municipal climate and environmental programs – HB 4313 by Rep. Cecil Bell would prohibit cities, counties and other local governments from using “public money to plan, create, or operate an environmental project.” Rep. Bell also has HB 4314, which would prohibit cities from giving “a preference to a bid based on environmental” criteria when purchasing goods or services. 
• Climate change and insurance – SB 495 by Sen. Kevin Sparks would recklessly prohibit the Insurance Department from considering climate change when adopting rules.
• Ashe juniper trees – SB 1927 by Sen. Adam Hinojosa would prevent cities from adopting regulations to protect ashe juniper trees. Endangered Golden-cheeked Warblers use the bark of ashe juniper trees (and no other tree) for their nests and so this bill could increase the risk of extinction of this beautiful Texas bird.