Interim Charges and 2013 Legislative Outlook, Brian Sledge

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Interim Charges and 2013 Legislative Outlook, Brian Sledge

  1. 1. Interim Charges and 2013 Legislative Outlook Texas Groundwater Summit August 30, 2012 Presented by: Brian L. Sledge 816 Congress Avenue Suite 1900 bsledge@lglawfirm.com Austin, Texas 78701 (512) 322-5800 (512) 322-5839 (512) 472-0532 Fax www.lglawfirm.com©Lloyd Gosselink Rochelle & Townsend, P.C.
  2. 2. COVERED TOPICS I. 82nd Session Statistics II. Elections/Composition of Legislature III. Big Ticket Items for 83rd IV. Committees/ Interim Charges V. Water-related Legislation for the 83rd Legislature©Lloyd Gosselink Rochelle & Townsend, P.C.
  3. 3. 82nd Legislature Statistics Bill Type Filed Passed House Bills 3865 797 Senate Bills 1931 582 House Joint Resolutions 154 3 Senate Joint Resolutions 53 8 House Concurrent Resolutions 173 101 Senate Concurrent Resolutions 60 41 Totals 6236 1532©Lloyd Gosselink Rochelle & Townsend, P.C.
  4. 4. Current Composition of Legislature Senate House 19 Republicans 101 Republicans 12 Democrats 49 Democrats 2 Freshmen Members 35 Freshmen Members©Lloyd Gosselink Rochelle & Townsend, P.C.
  5. 5. 2012 General Election: House Districts Democrat Republican 23 70% Plus 34 13 60% - 70% 44 12 55% - 60% 16 48 Total 94 6 Swing (50-55%) 2©Lloyd Gosselink Rochelle & Townsend, P.C.
  6. 6. 2012 General Election: Senate Districts Democrat Republican 2 70% Plus 4 4 60% - 70% 15 4 55% - 60% 1** 10 Total 20 1 Swing (50 – 55%) 0 ** Held by D©Lloyd Gosselink Rochelle & Townsend, P.C.
  7. 7. 41 House Members Not Returning • Member Reason Member Reason • Jose Aliseda Not running Jim Jackson Not running • Rodney Anderson Not running Jim Landtroop Defeated in Primary Runoff • Marva Beck Defeated in Primary Ken Legler Deceased • Leo Berman Defeated in Primary Lanham Lyne Not running • Fred Brown Resigned Jerry Madden Not running • Erwin Cain Not running Barbara Mallory Caraway Running for Congress • Joaquin Castro Running for Congress Sid Miller Defeated in Primary Runoff • Warren Chisum Running for RCT Barbara Nash Defeated in Primary • Wayne Christian Defeated in Primary Ken Paxton Running for Texas Senate • Joe Driver Not running Aaron Pena Not running • Rob Eissler Defeated in Primary Chente Quintanilla Not running • Pete Gallego Running for Congress Charles Schwertner Running for Texas Senate • Veronica Gonzales Not running Mark Shelton Running for Texas Senate • Mike Hamilton Defeated in Primary Todd Smith Running for Texas Senate • Kelly Hancock Running for Texas Senate Burt Solomons Not running • Rick Hardcastle Not running Larry Taylor Running for Texas Senate • Will Hartnett Not running Raul Torres Running for Texas Senate • Scott Hochberg Not running Vicki Truitt Defeated in Primary • Chuck Hopson Defeated in Primary Runoff Marc Veasey Running for Congress • Charlie Howard Not running Randy Weber Running for Congress Beverly Woolley Not running©Lloyd Gosselink Rochelle & Townsend, P.C.
  8. 8. 11 House Chairmanship Losses Hardcastle – Ag and Livestock S. Miller – Homeland Security & Public Safety V. Gonzales - Border & Intergovernmental Affairs Jackson – Judiciary & Civil Jurisprudence Madden - Corrections Hamilton – Licensing & Admin. Gallego - Criminal Jurisprudence Procedures L. Taylor - Elections Eissler – Public Education Hopson – General Investigating Pena - Technology©Lloyd Gosselink Rochelle & Townsend, P.C.
  9. 9. Will Half the House be Frosh and Sophs? • 37 new House members in 2011 • At least 41 new House members in 2013 • 37 + 41 = 78 • 78 + x (where x = 5 seats in play in Nov.)= y (where y = # of fresh. and sophomores in 2013) • Aggie math? Yes, because 9 of the 37 are not returning, and 3 of the 5 seats in play are also part of the 37. • Also, 2 new senators in 2011; 5 or 6 new senators in 2013©Lloyd Gosselink Rochelle & Townsend, P.C.
  10. 10. 83rd Legislature Big Ticket Items • Budget • Health Care/Medicaid • Public Education/ School Funding • Water Funding©Lloyd Gosselink Rochelle & Townsend, P.C.
  11. 11. House Environmental Regulation Committee Chairman: Wayne Smith - Baytown Vice Chair: Jessica Farrar - Houston Membership: Jose Aliseda - Beeville Lon Burnam - Forth Worth Warren Chisum - Pampa Kelly Hancock - Forth Worth Ken Legler - Pasadena Lanham Lyne - Wichita Falls Ron Reynolds – Missouri City©Lloyd Gosselink Rochelle & Townsend, P.C.
  12. 12. HEReg 2011 Interim Charges • Examine the impact on dam safety of provisions passed in HB 2694 (82R) and develop recommendations, if any, regarding risk to downstream property and life.©Lloyd Gosselink Rochelle & Townsend, P.C.
  13. 13. House Energy Resources Committee Chairman: Jim Keffer - Eastland Vice Chair: Myra Crownover - Lake Dallas Membership: Stefani Carter - Dallas Tom Craddick - Midland John Davis - Houston Charlie Howard - Sugar Land J.M. Lozano - Harlingen Ralph Sheffield - Temple Mark Strama - Austin©Lloyd Gosselink Rochelle & Townsend, P.C.
  14. 14. HERC 2011 Interim Charges • Examine state regulations governing oil and gas well construction and integrity and pipeline safety and construction and determine what changes should be made, if any, to ensure that the regulations are adequate to protect the people of Texas and its natural resources. • Study and make recommendations on the current process for the submission of well logs to the state by oil and gas operators. Specifically, identify changes that could be made in statute or agency administrative rules that would result in increased production through a more efficient system of collecting well logs.©Lloyd Gosselink Rochelle & Townsend, P.C.
  15. 15. House Natural Resources Committee Chairman: Allan Ritter - Nederland Vice Chair: Tracy O. King - Eagle Pass Membership: Marva Beck - Centerville Brandon Creighton - Conroe Chuck Hopson - Jacksonville Jim Keffer - Granbury Lyle Larson - San Antonio Eddie Lucio III - San Benito Trey Martinez Fischer - San Antonio Doug Miller - New Braunfels Walter "Four" Price - Amarillo©Lloyd Gosselink Rochelle & Townsend, P.C.
  16. 16. HNRC 2011 Interim Charges • Monitor the drought and the performance of state, regional, and local entities in addressing it. Examine impact of the drought on the SWP, including an evaluation of how well existing water resources can meet demand, need for additional funding sources to implement SWP, and effectiveness of current drought planning and management policies. • Examine interplay of water and energy resources and needs in TX. Study impacts of water use in energy production and exploration. Determine current and future water needs of power generation and energy production, and evaluate options to develop new or alternative supplies. Include an evaluation of current issues involving water use for oil and gas production and related water quality issues. • Evaluate the status of desalination projects in Texas. Include an evaluation of the regulation of brackish groundwater and whether opportunities exist to facilitate better utilization of this groundwater to meet future needs. • Study ways to enhance incentives for water conservation in agricultural irrigation.©Lloyd Gosselink Rochelle & Townsend, P.C.
  17. 17. Senate Natural Resources Committee Chairman: Troy Fraser – Horseshoe Bay Vice Chair: Craig Estes – Wichita Falls Membership: Bob Deuell - Greenville Robert Duncan - Lubbock Kevin Eltife - Tyler Glenn Hegar, Jr. - Katy Juan “Chuy” Hinojosa - Mission Mike Jackson – La Porte Robert Nichols – Jacksonville Kel Seliger - Amarillo Carlos Uresti – San Antonio©Lloyd Gosselink Rochelle & Townsend, P.C.
  18. 18. SNRC 2011 Interim Charges • Review water resources and conservation measures included in the State Water Plan to ensure that the appropriate entities are implementing the plans and that state and local authorities are enforcing requirements of the plans. In addition, the committee should evaluate methods to effectively enhance existing water resources and promote water conservation measures across the state at all times, not just in case of severe drought conditions.©Lloyd Gosselink Rochelle & Townsend, P.C.
  19. 19. SNRC 2011 Interim Charges • Study impediments to implementation of SWP; make recommendations to ensure sufficient water for future generations. Specifically, consider the following: • Review opportunities to fully fund the SWP by encouraging local project selection and financing;©Lloyd Gosselink Rochelle & Townsend, P.C.
  20. 20. SNRC 2011 Interim Charges • Review TWDB loan application process and prioritize the projects to ensure that the new bonding authority is targeted to the most pressing problems and those projects of highest value identified in the State Water Plan; • Consider the impact and complexity of the water/energy/electricity connection; • Review the progress made toward the designation of unique reservoir sites;©Lloyd Gosselink Rochelle & Townsend, P.C.
  21. 21. SNRC 2011 Interim Charges • Review current and proposed federal initiatives related to water resources; • Review conservation measures across all sectors of the economy, including education about the benefits of conserved water and the enforcement of those measures; • Review all state and federal statutory barriers, including the ability to move water around the state and pipeline prohibitions;©Lloyd Gosselink Rochelle & Townsend, P.C.
  22. 22. SNRC 2011 Interim Charges • Consider groundwater regulation and determine whether there is a need for modification of our current regulatory structure; and • Evaluate the progress of the states goal of promoting desalination projects across the state (brackish and seawater), including their future expansion to assist in meeting the states water needs.©Lloyd Gosselink Rochelle & Townsend, P.C.
  23. 23. SNRC 2011 Interim Charges • Evaluate alternatives to using SW or GW in generation of electricity and extraction of fuels, including hydraulic fracturing, dry-cooling, and the potential for desal and other technologies for the reuse of brackish water. Examine cost of alternatives in comparison to the continued use of GW and SW including energy costs as well as the cost of water transport and treatment. Examine risks of continued future drought to the integrity of Texas electricity generation and fossil fuel extraction.©Lloyd Gosselink Rochelle & Townsend, P.C.
  24. 24. SNRC 2011 Interim Charges • Study and make recommendations on the management of groundwater resources. Specifically, consider the following: • Consolidation of GCDs along major aquifer lines in an effort to increase efficiency and enhance responsible groundwater management; • Effectiveness of single county and non- contiguous groundwater conservation districts;©Lloyd Gosselink Rochelle & Townsend, P.C.
  25. 25. SNRC 2011 Interim Charges • Efficiency and effectiveness of varying groundwater regulations and permitting processes throughout the state, including the adequate planning for withdrawals and the development of DFCs, as compared to the regulation provided to surface water resources; • The relationship of local groundwater regulations to the SWP and the regional planning process.©Lloyd Gosselink Rochelle & Townsend, P.C.
  26. 26. SNRC 2011 Interim Charges • Review and study the bundling of small water and sewer systems by a single IOU and consider the causes and regulatory issues associated with rapidly escalating water and sewer rates for Texans who live in unincorporated and rural areas of the state. Specifically, consider the following: (too many to list, but transfer to PUC)©Lloyd Gosselink Rochelle & Townsend, P.C.
  27. 27. SNRC 2011 Interim Charges • Evaluate and monitor the production and the development of science and best management practices in the Barnett Shale and Eagle Ford shale plays. Specifically, consider the following (too many to list, but): • The potential of new technologies to reduce emissions and decrease water use.©Lloyd Gosselink Rochelle & Townsend, P.C.
  28. 28. 2013 Legislative Issues • TWDB’s Recommendations: – Develop long-term, sustainable method to fund SWP – Provide mechanism to acquire reservoir sites – Eliminate unreasonable restrictions on voluntary IBTs – Remove TWDB from the DFC appeals process, except for technical review and comment – Require all retail public utilities to conduct water loss audits annually, rather than every 5 years – Designate additional unique sites for reservoir construction or ecological value – Funding for TWDB staff for science and finance programs©Lloyd Gosselink Rochelle & Townsend, P.C.
  29. 29. 2013 Legislative Issues • Funding for the State Water Plan / Infrastructure – Why should GCDs care? – What are we talking about? Didn’t Prop 2 fix this? • Deferrals • Rate Buy-Down • State Participation – What are the options?©Lloyd Gosselink Rochelle & Townsend, P.C.
  30. 30. 2013 Legislative Issues • Water and wastewater utilities rates and services responsibilities transferred from TCEQ to PUC • Related IOU reforms / CCN tweaks • Streamlining of surface water rights permitting requirements • Funding EARIP©Lloyd Gosselink Rochelle & Townsend, P.C.
  31. 31. 2013 Legislative Issues • Protection of brackish groundwater resources • SAO review of GCDs • Interstate efforts • Emergency water plan • Aquifer Storage and Recovery (ASR)©Lloyd Gosselink Rochelle & Townsend, P.C.
  32. 32. 2013 Legislative Issues • Reuse of fraccing water • Conservation (WCAC) • Standardization of drought restrictions©Lloyd Gosselink Rochelle & Townsend, P.C.
  33. 33. QUESTIONS Thank You For Coming Brian L. Sledge bsledge@lglawfirm.com (512) 322-5839©Lloyd Gosselink Rochelle & Townsend, P.C.

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