Fellow Democrats - Please see below on we can easily get involved in influencing our decision makers.
1) Fracking in the City of Dallas - , we all through that this dragon had been slain just before Xmas but now Dallas Zoning Commission is going to bring this up for the 2nd time though it was voted down with prejudice. This is due to pressure from the top undoubtedly.So we need folks to go to the Zoning Commission again as they only get one appeal on: Thur., January 10 at 1:30, Dallas Council Chambers. They will reconsider Trinity East's proposal. Let's end this once and for all with at least Zoning.
2)The Sunset Commission is due for a decision on staff recommendations Wed., January 9th. Though many of us have given input, NOW is the time to BLITZ the Sunset Commission with increased pressure to get something done on issues we care about.
Support these Sunset Reforms for the Railroad Commission
The Texas State Legislature needs to issue the following reforms for the Railroad Commission:
Issue 1. Change the RRC’s Name and Address Conflicts of Interest
A. Change the Name of the Commission ie. Texas Oil & Gas Commission or Texas Energy Resources and Extraction Commission (TEREC)
B. Limit the solicitation/receipt of campaign contributions by a Commissioner or any candidates to an 18-month around an election (instead of throughout their six-year term) and campaign contributions should be set at $2500 maximum.
C. Prohibit a Commissioner from knowingly accepting contributions from a party with a contested case hearing before the RRC.
D. Require the automatic resignation of a Commissioner that announces candidacy for another elected office.
E. Require theCommission to use the State Office of Administrative Hearings (SOAH) to conduct independent
hearings for contested gas utility and enforcement cases rather than utilize internal judges.
F. Require the RRC to adopt a recusal policy in rule, including a requirement to explain the reason for any recusal from a decision in writing.
G. Move natural gas ratemaking over to the PUC as OPUC could then represent consumers on gas issues.
Issue 2. Eliminate cap on Oil & Gas Regulation and Clean Up Fund
A. Eliminate the $20 million cap on the Oil and Gas Regulation and Cleanup Fund.
B. Abolish the Oil Field Cleanup Fund Advisory Committee.
C. Establish a fund to collect fees to help clean up fracking waste water/or clean up air emissions from oil and gas
operations. The fund could be structured similarly to Texas Emission Reduction Program (TERP).
D. Mandate that a Texas Spill Liability Fund be created for tar sands or dilbit crude as tar sands crude pipelines are currently exempt from paying into the US Spill Liability fund due to a federal IRS exemption.
Issue 3. Improve Pipeline Safety Program Fee Structure to Ensure Public Protection
A. Authorize the Commission to create a pipeline permit fee to help support its Pipeline Safety Program.
B. Fees should offset the cost of administering its Pipeline Safety Program, including administration costs and benefits.
Issue 4. Improve Enforcement Processes via Statutory Direction, Including Inspections
and Accountability
A. Require the Commission to develop an enforcement policy to guide staff in evaluation and ranking oil and gas-related violations.
B. Require the Commission to formally adopt penalty guidelines.
C. Permitting/Authorizing/Accountability of Common Carrier
• Create a real process within the RRC to review and adjudicate petitions for common carrier status. • Require a process change within the RRC to require notice of a pipeline’s application for common carrier status to landowners, establish the right to contest common carrier status, and create an opportunity for a hearing before SOAH regarding determination.
• Update the Commission’s T-4 form to delineate tar sands/dilbit crude from other oil products.
D. Inspections
• Develop comprehensive and binding inspection protocols.
• Establish minimum inspector-to-well and annual inspections-to-well ratios.
• Pay inspectors competitive salaries to retain high quality personnel and ensure competent inspections
E. Enforcement
• Assess higher minimum/maximum penalties to deter repeat violators. Fines should be raised to $25,000 per
violation per day.
• Establish and enforce a penalty policy to collect penalties equivalent to the value of the economic benefit that oil and gas operators gain from noncompliance
• Ensure violations are consistently enforced.
E. Accountability and Public Access
• Collect comprehensive data regarding citizen complaints including facilities of concern, nature of complaint and resolution.
• Publish comprehensive oil and gas enforcement data online, in a publicly accessible, easy, searchable
format with data available by operator.
F. Adopt the "Fracking Bill of Rights" to ensure that Texas communities and their residents will be afforded
a basic set of protections backed by the full extent and force of law
Issue 5. Discontinue Commission’s Promotion of Propane
A. Eliminate the Commission’s authority to promote propane with its accompanying fee.
Issue 6. Improve Damage Prevention Oversight on Interstate Pipelines
A. Authorize the RRC to enforce damage prevention requirements for interstate pipelines.
B. Require the Commission to develop an enforcement policy to guide staff in evaluation and ranking oil and gas-related violations.
C. Require emergency response plans for pipeline operators be submitted and reviewed before and not after pipeline operations are allowed to begin transport.
D. Authorize the Commission to require full disclosure of tar sands or dilbit composition for emergency responders.
E. Require a more stringent testing and evaluation process of pipelines to be repurposed for tar sands or dilbit crude due to its unique, chemical composition which imparts a highly toxic substance substantially more viscous, acidic, and sulfuric than conventional crude.
Issue 7. Improve Safeguards for Mineral Owners re: Mineral Pooling/Hearings
A. Authorize a party affected by forced pooling to request a hearing within the county where the well is proposed to be drilled.
B. Direct the Commission to develop a fee schedule for increased charges associated with refiling previously
withdrawn applications for forced pooling or field spacing exceptions.
Issue 8. Improve RRC’s Reporting
A. Continue requiring the RRC to submit its report on the Oil & Gas Regulation and Cleanup Fund to the Legislature
B. The RRC should also produce/submit quarterly and annual enforcement reports to the Legislature and it should
be publicly available and easily accessible on the website
ADDITIONAL REFORMS
Additional Fracking Reform Needs to Be Adopted
A. Require the RRC to fine facilities with improper flaring. Such facilities should also be required to shut down until defective operations can be corrected.
B. Mandate the Commission to require green completions (a closed loop system that minimizes flaring and air
emissions) and require the use of water-based drilling fluids in development operations.
C. Phase out the high-cost severance tax exemption. Continued exemptions are not needed as it is now the norm in Texas.
D. Mandate that the RRC track the entire lifecycle of both solid and liquid waste from operations to ensure its proper handling and disposal.
E. Require that fracking operations be permitted for water withdrawals. Water withdrawals should be metered, docu- mented, and the amount of water at every stage should be reported to the TCEQ and made publicly available.
F. Require that oil and gas operations have a statewide standard minimum setbacks from homes, businesses, schools, and parkland without the exception of variance to protect human health and property.
G. Set noise limits statewide (including unincorporated areas) on fracking sites and compressor stations, unless already established by city ordinance.
H. Ensure the RRC mandate that the abandonment of pipelines is addressed by the pipeline operator before being
permitted to operate. A bond should be required by the pipeline entity to ensure that abandonment be remedied due to an operator ceasing operations or its existence as a business.
Uranium Mining Exploratory Permits Need to Be Transferred
A. Transfer in-situ uranium mining exploratory permits to the TCEQ. There is no rational reason for one agency to look at exploratory permits and another for mining permits. The same agency should be in charge of both
2)The Sunset Commission is due for a decision on staff recommendations Wed., January 9th. Though many of us have given input, NOW is the time to BLITZ the Sunset Commission with increased pressure to get something done on issues we care about.
Email the entire Sunset Commission at sunset@sunset.state.tx.us to put pressure on the reforms you want them to consider be it fracking, eminent domain, tar sands, etc. Personalize it with where you live and why it's important to get these changes done.
Please see below the revised 2-page Public Citizen's and Sierra Club's recommendations for the Railroad Commission by Issue per the Sunset staff report. Ideas Texas OGAP have been incorporated as well.
Below is the list of the 12-member Sunset Commission but know that if you send to the Sunset address above it will include the two public representatives I don't have emails for:
Rep. Dennis Bonnen, Chair dennis.bonnen@house.state.tx.
Senator Robert Nichols, Vice Chair robert.nichols@senate.state.
Rep. Rafael Anchia (Dallas) rafael.anchia@house.state.tx.
Rep. Byron Cook (Corsicana) byron.cook@house.state.tx.us
Rep. Harold Dutton (Houston) harold.dutton@house.state.tx.
Rep. Four Price (Amarillo) four.price@house.state.tx.us
Casandra Ortiz (public-San Antonio) NA- use sunset address above
Senator Brian Birdlwell (Granbury) brian.birdwell@senate.state.
Senator Joan Huffman (Houston) joan.huffman@senate.state.tx.
Senator Dan Patrick (Houston) dan.patrick@senate.state.tx.us
Senator John Whitmire (Houston) john.whitmire@senate.state.tx.
Jan Newton (public- Boerne) NA- use sunset address above
For those who couldn't come to the Sunset Advisory Commission hearing at the Capitol on Dec. 19th, but want to hear testimony, you can access the entire hearing on the Capitol website. Approx. 5 hours into the tape is when the 3 pipeline industry reps testified after all of us re: Railroad Commission- very interesting to which I sent an 8-page rebuttal. You can download a free version of Real Player on the legislate website to hear this archived video testimony.
3) There's going to be a meeting this Monday, the 7th, at Timberglen Rec Center at Midway and Timberglen Roads, to get public input on timelines for items to be included in the City of Dallas's Local Solid Waste Management Plan. One of those items is a possible ban on plastic bags. The city staff wants public comment as to whether a bag ban should be one of the first items taken up in the Plan or whether it should be considered for implementation later in the Plan. There are other topics such as apartment recycling (which isn't currently done) that staff wants to hear about too--should that be pursued sooner or later, sooner being within the next two years. The notice said there would also be a "Local Solid Waste Plan Seminar" at city hall on Saturday, January 26th. The meeting on Monday is from 6:30 to 8:00 p.m. and the one on the 26th is from 8:30 a.m. to 2 p.m.
Democratically yours,
Janice Schwarz and David Griggs
The Texas State Legislature needs to issue the following reforms for the Railroad Commission:
Issue 1. Change the RRC’s Name and Address Conflicts of Interest
A. Change the Name of the Commission ie. Texas Oil & Gas Commission or Texas Energy Resources and Extraction Commission (TEREC)
B. Limit the solicitation/receipt of campaign contributions by a Commissioner or any candidates to an 18-month around an election (instead of throughout their six-year term) and campaign contributions should be set at $2500 maximum.
C. Prohibit a Commissioner from knowingly accepting contributions from a party with a contested case hearing before the RRC.
D. Require the automatic resignation of a Commissioner that announces candidacy for another elected office.
E. Require theCommission to use the State Office of Administrative Hearings (SOAH) to conduct independent
hearings for contested gas utility and enforcement cases rather than utilize internal judges.
F. Require the RRC to adopt a recusal policy in rule, including a requirement to explain the reason for any recusal from a decision in writing.
G. Move natural gas ratemaking over to the PUC as OPUC could then represent consumers on gas issues.
Issue 2. Eliminate cap on Oil & Gas Regulation and Clean Up Fund
A. Eliminate the $20 million cap on the Oil and Gas Regulation and Cleanup Fund.
B. Abolish the Oil Field Cleanup Fund Advisory Committee.
C. Establish a fund to collect fees to help clean up fracking waste water/or clean up air emissions from oil and gas
operations. The fund could be structured similarly to Texas Emission Reduction Program (TERP).
D. Mandate that a Texas Spill Liability Fund be created for tar sands or dilbit crude as tar sands crude pipelines are currently exempt from paying into the US Spill Liability fund due to a federal IRS exemption.
Issue 3. Improve Pipeline Safety Program Fee Structure to Ensure Public Protection
A. Authorize the Commission to create a pipeline permit fee to help support its Pipeline Safety Program.
B. Fees should offset the cost of administering its Pipeline Safety Program, including administration costs and benefits.
Issue 4. Improve Enforcement Processes via Statutory Direction, Including Inspections
and Accountability
A. Require the Commission to develop an enforcement policy to guide staff in evaluation and ranking oil and gas-related violations.
B. Require the Commission to formally adopt penalty guidelines.
C. Permitting/Authorizing/Accountability of Common Carrier
• Create a real process within the RRC to review and adjudicate petitions for common carrier status. • Require a process change within the RRC to require notice of a pipeline’s application for common carrier status to landowners, establish the right to contest common carrier status, and create an opportunity for a hearing before SOAH regarding determination.
• Update the Commission’s T-4 form to delineate tar sands/dilbit crude from other oil products.
D. Inspections
• Develop comprehensive and binding inspection protocols.
• Establish minimum inspector-to-well and annual inspections-to-well ratios.
• Pay inspectors competitive salaries to retain high quality personnel and ensure competent inspections
E. Enforcement
• Assess higher minimum/maximum penalties to deter repeat violators. Fines should be raised to $25,000 per
violation per day.
• Establish and enforce a penalty policy to collect penalties equivalent to the value of the economic benefit that oil and gas operators gain from noncompliance
• Ensure violations are consistently enforced.
E. Accountability and Public Access
• Collect comprehensive data regarding citizen complaints including facilities of concern, nature of complaint and resolution.
• Publish comprehensive oil and gas enforcement data online, in a publicly accessible, easy, searchable
format with data available by operator.
F. Adopt the "Fracking Bill of Rights" to ensure that Texas communities and their residents will be afforded
a basic set of protections backed by the full extent and force of law
Issue 5. Discontinue Commission’s Promotion of Propane
A. Eliminate the Commission’s authority to promote propane with its accompanying fee.
Issue 6. Improve Damage Prevention Oversight on Interstate Pipelines
A. Authorize the RRC to enforce damage prevention requirements for interstate pipelines.
B. Require the Commission to develop an enforcement policy to guide staff in evaluation and ranking oil and gas-related violations.
C. Require emergency response plans for pipeline operators be submitted and reviewed before and not after pipeline operations are allowed to begin transport.
D. Authorize the Commission to require full disclosure of tar sands or dilbit composition for emergency responders.
E. Require a more stringent testing and evaluation process of pipelines to be repurposed for tar sands or dilbit crude due to its unique, chemical composition which imparts a highly toxic substance substantially more viscous, acidic, and sulfuric than conventional crude.
Issue 7. Improve Safeguards for Mineral Owners re: Mineral Pooling/Hearings
A. Authorize a party affected by forced pooling to request a hearing within the county where the well is proposed to be drilled.
B. Direct the Commission to develop a fee schedule for increased charges associated with refiling previously
withdrawn applications for forced pooling or field spacing exceptions.
Issue 8. Improve RRC’s Reporting
A. Continue requiring the RRC to submit its report on the Oil & Gas Regulation and Cleanup Fund to the Legislature
B. The RRC should also produce/submit quarterly and annual enforcement reports to the Legislature and it should
be publicly available and easily accessible on the website
ADDITIONAL REFORMS
Additional Fracking Reform Needs to Be Adopted
A. Require the RRC to fine facilities with improper flaring. Such facilities should also be required to shut down until defective operations can be corrected.
B. Mandate the Commission to require green completions (a closed loop system that minimizes flaring and air
emissions) and require the use of water-based drilling fluids in development operations.
C. Phase out the high-cost severance tax exemption. Continued exemptions are not needed as it is now the norm in Texas.
D. Mandate that the RRC track the entire lifecycle of both solid and liquid waste from operations to ensure its proper handling and disposal.
E. Require that fracking operations be permitted for water withdrawals. Water withdrawals should be metered, docu- mented, and the amount of water at every stage should be reported to the TCEQ and made publicly available.
F. Require that oil and gas operations have a statewide standard minimum setbacks from homes, businesses, schools, and parkland without the exception of variance to protect human health and property.
G. Set noise limits statewide (including unincorporated areas) on fracking sites and compressor stations, unless already established by city ordinance.
H. Ensure the RRC mandate that the abandonment of pipelines is addressed by the pipeline operator before being
permitted to operate. A bond should be required by the pipeline entity to ensure that abandonment be remedied due to an operator ceasing operations or its existence as a business.
Uranium Mining Exploratory Permits Need to Be Transferred
A. Transfer in-situ uranium mining exploratory permits to the TCEQ. There is no rational reason for one agency to look at exploratory permits and another for mining permits. The same agency should be in charge of both
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