How did the Texas Legislative Session Affect Austin and the Environment?

 

Monday, June 1st marked the closing of Texas’ 84th legislative session, which over a five month span brought mostly bad news for Austin’s local environment after bills passed that undo local ordinances on fracking, protect polluters and restrict public participation.

In terms of environmental policy, it was clear from a number of environmental organizations that this years session was just plain bad.

“This session was much worse than a lot of recent sessions for the environment,” said David Weinberg, executive director of the Texas League of Conservation Voters.

Robin Schneider, executive director of the Texas Campaign for the Environment, agreed, writing in an email that the oil, gas, waste, and chemical industries were the real winners this session.

“Money spoke on at the Capitol this session,” Schneider wrote, pointing to fewer checks and balances (in particular the anti-environment legislators elected and the replacement of the two-thirds rule with a 60 percent rule, which made it harder to prevent bills from getting passed) and “the willingness of so many politicians to abandon their voting constituents for their contributor constituents.”

“There had been some good things in the past,” Kaiba White, Policy and Outreach Specialist for Coal and Renewable Energy at Public Citizen, said, “but there was a huge fight this session to undo those policies.” White, agreeing with Schneider, said she also believes campaign donations influenced the voting outcome of senators and House members this session.

“There are really nothing but positive economic benefits in the wind industry,” White said, “and yet they are voting the way oil and gas companies want them to vote and voting against renewable energy. When you look at the campaign contributions… well, renewable energy companies are not competing.”

 

Some influential bills that passed in the 84th legislative session:

 

  • Denton Fracking bill (HB 40):

    • What it does: The bill gives the state “exclusive jurisdiction” over oil and gas operations, meaning local control is overridden by the state.

    • What it means for you: Most Austin residents will not be directly affected by this bill, however it will affect many in the Texas region. Those near oil and gas activities, or local communities that are concerned about environmental impacts of the activities, will have much less protection from fracking in their city or county.

  • Pollution permits bill (SB 709):

    • What it does: In an effort to speed up the issuing of environmental permits to industries, this bill will restrict those who want to contest environmental permits by scaling back contested case hearings. It also changes what a person has to prove in order to contest an already issued permit. Overall, this will limit the ability of local residents to stand up against polluting industries that might affect them.

    • What it means for you: It is harder for the average Texas resident to be part of the pollution permitting process; instead of having to prove that you have been impacted by pollution more so than the average citizen or general population, now the permit application itself is proof that the pollution is not harmful and you have to prove that the permit was unlawful. In addition, residents have less control over the granting process of permits.

  • Pollution penalty cap bill (HB 1794):

    • What it does: This house bill implements a maximum civil penalty for polluters at $4.3 million, despite how large their offense was, how long the offense had occurred, or how much damage occurred from the offense. However, that maximum fine is not an absolute cap, and any funds beyond the $4.3 million go to the state as opposed to the local jurisdiction.

    • What it means for you: Cities and counties might be discouraged to take action against polluters, and attempts to reverse pollution might be more difficult with less financing.

  • Solar energy bill (SB 1626): 

    • What it does: This bill prohibits large developers from banning or restricting solar in their developments (developments that have 51 or more homes) even if the development is still being built.

    • What it means for you: Homeowners in communities developed with over 50 homes are now free from developer control and can install solar, should they please.

  • Groundwater management bill (HB 3405): 

    • What it does: This bill will expand the jurisdiction of the Barton Springs/Edwards Aquifer Groundwater Conservation District to include water wells owned by Electro Purification, a Houston based company.

    • What it means for you: This means that the company will now have to report how much water is being withdrawn to the Barton Springs/Edwards Aquifer district. The bill also provides the district with the ability to prohibit or regulate the company. So for those living in Hays County, the water in the area will not be sucked dry.

 

How to stay involved:

The 84th legislative session was bad for the environment, but the 85th doesn’t have to be. There are a number of ways Austin residents can stay involved and active in preventing or promoting environmental legislation before the next session.

White urges Texans to look at the way their state representative and senator voted on bills, especially harmful ones like the recent fracking bill, form their own opinions, and then vote during elections.

Weinberg proposed another option for residents to stay involved: “People really need to work their state elected officials,” he said. “Legislators do respond and react to their constituents. If they’re getting a lot of pressure from folks — lobby visits, phone calls, stuff in the press and organized events — that does really impact how legislators behave and how they vote.”

In the next legislative session, Weinberg said he and the Texas League of Conservation Voters will try to undo the damage that was done this session, if possible.

Schneider wrote that she and the Texas Campaign for the Environment are not yet sure of their exact plans for the 85th session, but she is sure that they will work with legislators to defeat preemptions for positive environmental bills at the local level.

 
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