Texas Environmental Groups Detail the Positives and Negatives of the State Legislative Session
The session was marked by some pro-environment advancements, as familiar attacks on renewable energy persisted
AUSTIN, Texas — Today, three prominent state-based environmental organizations offered their assessment of the 89th Texas Legislature, which concluded on Monday, regarding environmental issues. The organizations highlighted advancements in energy, renewable investments, building codes, water management, wildfire response, and other key areas.
Still, the groups warned against viewing this year’s session as a sea change for a state legislature that is too often on the side of corporate profits at the expense of the environment. For example, misinformation about renewable energy sources persisted, and too little was done about air quality; lawmakers were also willing to hand even more power to the world’s richest man.
Key wins for the environment include:
- Clean Energy: SB 819, SB 388, SB 715, and other anti-renewable energy bills that would have imposed costly fees and discriminatory requirements on clean energy producers all failed. Meanwhile, it’ll be easier and cheaper for Texans to install solar panels and home batteries thanks to SB 1202, which streamlines the permitting process for backup power.
- Wildfire prevention: The legislature passed a package of bills that includes HB 143 and HB 144 in response to the February 2024 Panhandle Wildfires, the worst in the state’s history
- Protecting urban transit, including Austin’s Project Connect and Dallas Area Rapid Transit, and bike infrastructure investments from harmful state interference.
- Enacting the “Right to Repair” law (HB 2963): Gives Texans more freedom to fix their electronics and appliances and reduce waste.
- Improved Energy Codes for New Construction: SB 783 allows the State Energy Conservation Organization to move forward with rulemaking to update the minimum state energy codes for new residential and commercial construction, as well as high-performance energy and water conservation codes for public universities and state agencies.
- Energy Waste Advisory Committee: HB 5323 requires eight Texas state agencies that deal with the “demand-side” of energy to collaborate, design programs to help make our Texas grid more reliable, and report back to the Legislature on ways to optimize energy savings and demand reduction programs.
- Leaky Pipe Water Audits and Action Plans for Major Cities: HB 29 requires the six largest public utilities to conduct additional water audits, comparing them against a threshold set by the TWDB for water loss, and design mitigation plans to conserve water.
- Decreased impact fees for water conservation and higher efficiency programs: SB 1253 requires cities to lower water and wastewater impact fees if new developments install water conservation or high-efficiency appliances that go beyond required codes, providing an incentive to use less water.
- Better transparency and protection of consumer costs from new electricity demand (large loads): SB 6 addresses large loads interconnecting to the grid, requires interconnection standards and new demand management tools, and necessitates a review of how transmission costs are allocated to consumers.
- Major investment in water infrastructure: While somewhat of a mixed result, SB 7 and HJR 7, combined with money from the “supplemental” budget bill, will set aside $2.5 billion for new water infrastructure over the next two years, and another $1 billion per year if voters approve the constitutional amendment. While the original versions of the bills could have set aside up to 80% for ‘new water supply” like conveyance systems, produced water, or marine desalination, the final versions include 50% for new water supply and projects funded by SWIFT, a program which includes water reuse and water conservation, lessening the impact of potentially dangerous projects.
The legislature also failed to take significant positive steps or passed harmful bills in the following areas:
- SpaceX Giveaway: Despite stopping multiple versions of bills that would have allowed SpaceX and its new city of Starbase to proceed, a coalition of stakeholders opposed, the Legislature snuck an amendment into the Conference Committee Report of HB 5246 at the 11th hour that allows a new Space Commission working with Starbase to close the highway and beach. The legislature also added $300 million for grants to Space companies.
- Water Quality Issues and Protections for Bays and Estuaries: Bills intended to address plastics, highly saline brine, and PFAS, which directly impact our most precious resources, including our bays and estuaries, had hearings but never even made it out of committee, as powerful industrial interests opposed them.
- Concrete batch plants: Legislation to protect Texans from the fine particulate matter generated by these facilities stalled
- Liability protection for oil and gas companies: HB 45 provides broad liability protection for oil and gas producers of “produced” water, wastewater that results from the hydraulic fracturing process. While the bill improved slightly during the process, it still ultimately could leave Texans and the state holding the bag if pollution results from the treatment and discharge of produced waters.
- Nuclear energy: The legislature approved bills that will hand $350 million to developers of unproven small modular reactors in a costly, time-consuming bid to address rising energy demand. They also added $120 million to one company through a budget rider, bringing the total handout to $470 million.
- Energy Efficiency and Building Codes: Despite a few positive bills making it to the Governor’s Desk, a myriad of other good bills passed one chamber but never made it to the floor of the other, including Energy Savings Goals (SB 2994), Low-Income Payment Assistance (HB 1359), Raising Overall Minimum Building Codes (HB 871), Energy Use Reporting and Planning for Major Cities, Universities and State Agencies (HB 3732), Energy Efficiency Grants through the Texas Energy Fund (HB 5623), and the Energy Efficiency Council (HB 3826).
And the legislature also considered harmful legislation that stalled, including:
- Bad preemption bills that would have undermined city action on health, safety and environmental progress, including HB 4313 and HB 4314 by Cecil Bell, and SB 2858 and SB 3016 by Creighton.
- A bad constitutional amendment (HJR 138) that would have prevented Texas from implementing a climate fee and dividend or carbon tax.
The groups issued the following statements about the 89th legislative session:
“It was encouraging to see some of the worst legislation stall out or face opposition so overwhelming that it made passage much more difficult,” said Adrian Shelley, Texas director of Public Citizen. “This legislature is not, by any means, prioritizing air quality, a just transition to wind and solar energy, or accountability for corporate polluters.”
“Every session, our first goal is simple: stop any backsliding on environmental progress,” said Luke Metzger, executive director of Environment Texas. “This year, we not only fended off a wave of anti-renewable energy and anti-transit bills—we also helped win meaningful progress on clean energy, water, and conservation.”
“The positive from this session is that a few bills that prioritized saving water and energy did move forward, and some of the worst bills were stopped,” said Cyrus Reed, legislative and conservation director of the Lone Star Chapter of the Sierra Club. “But in the end, billionaires and vested interests like nuclear companies, utilities, desalination companies and SpaceX got their way, while everyday Texans are still waiting for progress on so many issues. Throughout the session, Texas legislators prioritized corporate interests and billionaire demands over the needs of everyday Texans. While environmental advocates and communities across the state showed up in force to stop the worst of the damage, the results of this session are a stark reminder: we can’t afford to sit back. The next 18 months are our chance to organize, build momentum, and ensure that the next legislative session delivers for the people, not just for profit.”