20220420-002a: 87th State Legislature Update — original pdf

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87TH STATE LEGISLATURE Intergovernmental Relations Office – Brie L. Franco, Officer 87TH LEGISLATIVE SESSION: RECAP • 7,148 bills and joint resolutions filed and reviewed by IGRO • 15% of filed bills & joint resolutions ultimately passed • This is a reduced passage rate of 5% from previous sessions • 67% of passed bills filed by Republicans & 33% filed by Democrats • 21 vetoes by the governor. • IGRO tracked 2,254 bills and joint resolutions 1 87TH SPECIAL SESSIONS: STATISTICS 1st Called Session • July 8 – Aug. 6 • 405 bills & joint resolutions filed & reviewed IGRO • No bills passed 2nd Called Session • Aug. 7 – Sept. 2 • 380 bills & joint resolutions filed & reviewed IGRO • 15 bills & joint resolutions passed 3rd Called Session • Sept. 20 – Oct 19 • 249 bills & joint resolutions filed & reviewed IGRO • 11 bills & joint resolutions passed 2 87TH PASSED BILLS: NEGATIVE FOR CITY City Police Funding HB 1900 (Goldman) Camping Ban HB 1925 (Capriglione) Effective Sept. 1, 2021 Effective Sept. 1, 2021 No Contracts : Firearm Boycott SB 19 (Schwertner) Effective Sept. 1, 2021 Permitless Carry HB 1927 (Schaefer) Effective Sept. 1, 2021 3 87TH PASSED BILLS: POSITIVE FOR THE CITY APRS Pensions HB 4368 (Rodriguez) Cloud Computing SB 58 (Zaffirini) Effective Sept. 1, 2021 Effective June 3, 2021 Local Health Department Medicaid SB 73 (Miles) Effective Sept. 1, 2021 4 87TH BILLS FAILED TO PASS: POSITIVE FOR CITY Super Preemption AE Rates HB 610 (Swanson) SB 566 (Buckingham) Community Advocacy SB 10 (Hall) HB 2775 (Cain) HB 3909 (Harris) Lake Austin Disannexation SB 659 (Buckingham) HB 1653 (Craddick ) West Rim Disannexation HB 2776 (Deshotel) Lost Creek Disannexation SB 1499 (Buckingham) HB 3827 (Wilson) Noise Ordinance Preemption HB 3813 (Harris) Homeless Housing SB 646 & SB 796 (Schwertner) HB 1803 (Wilson) Employment Preemption SB 14 (Creighton) 5 87TH BILLS FAILED TO PASS: POSITIVE FOR CITY ETJ Regulation HB 1885 (Harris) Pandemic Response HB 3 (Burrows) Confederate Monuments HB 2713 (Hefner) MOU Deregulation SB 182 (Schwertner) 6 87TH PASSED BILLS: ENVIRONMENTAL Gas Preemption HB 17 (Deshotel) Effective May 18, 2021 TPWD & TX Water Trust HB 2225 (King, Tracy) Effective Sept. 1, 2021 No State Contracts: Fossil Fuel Boycott SB 13 (Hughes) Effective June 14, 2021 7 87TH BILLS FAILED TO PASS: ENVIRONMENTAL TCEQ Penalties HB 1820 (Zwiener) House Calendar Deadline Gas Preemption HB 1501 (Dean) Point of Order (Zweiner) Office of Environmental Justice HB 1191 (Goodwin) / SB 1294 (Eckhardt) Neither bill received a hearing Greenhouse Gas Regulation Preemption SB 1261 (Birdwell) House Calendar Deadline Pipeline Preemption / Barton Springs HB 1683 (Landgraf) Fixed by Author in Committee Passed House / No Senate Hearing 8 88TH SESSION: CHANGES • Changes in Senate membership & leadership • Potentially 40 new members in House • Austin delegation changes and committee assignments 9 HOUSE COMMITTEE INTERIM CHARGES: ENVIRONMENTAL TERP Environmental Regulation IIJA Clean Up Environmental Regulation Groundwater Management Natural Resources Alternatively Fueled Vehicles Transportation Full charge language can be found in the appendix on slide 16. 10 SENATE COMMITTEE INTERIM CHARGES: ENVIRONMENTAL Water Supply Water, Agriculture, and Rural Affairs Groundwater Management Water, Agriculture, and Rural Affairs Alternatively Fueled Vehicles Transportation Full charge language can be found in the appendix on slide 17. 11 QUESTIONS? Brie L. Franco Intergovernmental Relations Officer Brie.Franco@austintexas.gov Agenda: https://www.austintexas.gov/edims/document. cfm?id=347683 12 87TH LEGISLATIVE SESSIONS: APPENDIX • Bills Impacting People Experiencing Homelessness • Police Funding Bills • 2022 Interim Charges: Environmental Charges 13 87TH BILLS IMPACTING THE HOMELESS Camping Ban HB 1925 (Capriglione) Effective September 1, 2021 • City must submit a plan for approval by TDHCA to designate a property for encampment. Designation of public parks is prohibited. • Offense is a Class C misdemeanor. Officers must make reasonable effort to connect persons to designated encampment and services. • Local entities cannot have policies that prohibit or discourage enforcement of the ban nor can they discourage peace officers or prosecuting attorneys from enforcing the ban. • Policies that encourage diversion or provision of services in lieu of citation or arrest are allowed. • HB 1925 Contingency Rider NOT included in the final appropriations act. • City submitted comments on TDHCA rules for encampment for public comment Purchase / Conversion: County Approval • SB 646 (Schwertner) • Vote failed in House Committee • HB 1803 (Wilson) • Procedurally Dead: House Calendar Deadline Purchase / Conversion: Notice • SB 796 (Schwertner) • Vote failed in House Committee 14 87TH POLICE FUNDING City Police Funding HB 1900 (Goldman) Effective September 1, 2021 • Applies only to municipalities over 250,000 • “Defunding municipality” reduces appropriation to police department compared to previous budget. [lower than the larger of previous two years’ budgets until 2023] • Determined by Office of Governor’s Criminal Justice Division (“CJD”). Some exceptions allowed at discretion of CJD • Penalties: • Dis-annexation elections and prohibition on annexations. • Must use lowest property tax rate (generally no-new-revenue rate) for upcoming year • Annual sales tax distribution decreased by amount determined by CJD that State spent to provide law enforcement services to City. • Increase contributions to APRS such that the combined City and member contributions are no less than the combined City and member contributions in FY2021. • AE & AWU rates capped at January 2021 levels unless utilities stop providing any funding to the City through transfers. County Funding SB 23 (Huffman) Applies only to counties over 1 million Effective January 1, 2022 9 other “defunding” bills did not pass 15 HOUSE COMMITTEE INTERIM CHARGES: ENVIRONMENTAL • TERP Env. Reg. Evaluate the allocation of TERP funds for effective air pollution reduction programs. Review which existing programs are over or under-subscribed and identify unrealized opportunities that would further program goals. • IIJA Cleanup: Review recent passage of the Bipartisan Infrastructure Law (Infrastructure Investment and Jobs Act, Public Law No. 117-58), specifically funds that may bolster efforts to clean up polluted sites and plug wells and how federal funds can be used to complement state efforts on well plugging and pollution clean-up. • Groundwater Management: Examine the state’s groundwater management policy and regulatory framework. Include a review of large-scale water transfers and their impact on groundwater resources. Make appropriate recommendations for legislation or state agency action to: promote the achievement of planning goals under Chapter 36, Water Code, including those involving desired future conditions; provide adequate transparency to the permit application process; further the state's groundwater quality protection efforts, including an assessment of risks posed to groundwater by abandoned and deteriorated water wells and orphan oil and gas wells; and promote conservation and waste prevention • Alternatively Fueled Vehicles: Study the impact of the increasing sale and use of electric and alternatively fueled vehicles on revenue predictions for the state highway fund. Recommend a road use revenue equalization methodology to create fairness and parity between gasoline, electric and alternatively fueled vehicles. 16 • • • • SENATE COMMITTEE INTERIM CHARGES: ENVIRONMENTAL • Water Supply: Review and make recommendations to complete specific projects identified in the 2022 State Water Plan. In light of recent changes to the global economy, consider the current regulatory process regarding such as marine desalination, and make supply needs, innovative technology solutions recommendations for their improvement. to water • Groundwater Management and Protection: Evaluate the status and effectiveness of the State's groundwater management process, including data used to support regional water planning and conservation goals. Report on the effectiveness of the State's groundwater protection efforts and whether statutory changes are needed to protect groundwater quality. • Alternatively Fueled Vehicles: Review the Texas Department of Transportation's plan for federal funding related to alternatively fueled vehicle infrastructure development. Examine the increase of private and public owned alternatively fueled vehicles registered in the state and make recommendations for road user fee fairness between alternatively fueled vehicles and gasoline and diesel vehicles. 17 Thank you 18