Latest news with #HouseEnvironmentalRegulationCommittee
Yahoo
14-05-2025
- Health
- Yahoo
Texas bill seeking to keep toxic 'forever chemicals' off farmland misses key deadline
A bill aimed at limiting the spread of toxic chemicals on Texas farmland has hit a political wall — missing a key deadline that decreases its likelihood of passage this session. House Bill 1674, introduced by Rep. Helen Kerwin, R-Cleburne, aims to regulate the use of fertilizers made from treated sewage, also known as biosolids, by requiring regular testing for PFAS — a group of long-lasting, harmful chemicals often called 'forever chemicals.' Supporters of the bill say it would protect agricultural land and the nation's food supply from dangerous chemicals that don't break down and are linked to health problems including cancer, birth defects, liver damage, and immune system disorders. However, opponents — including wastewater utilities — say the measure lacks clarity and could drive up disposal costs of biosolids without offering other alternatives to get rid of the sludge. Kerwin, who is in her first legislative session after being elected in November, says the bill is her top priority — it's the first bill she filed after becoming a lawmaker. And the proposal has won bipartisan support in the House, where 75 of her colleagues signed on as either authors or co-authors. The House Environmental Regulation Committee heard testimony on the bill last week. Although 74 people had signed up to speak on the bill — 34 in support, 33 against, the rest neutral — only about half got the chance after waiting more than 18 hours for the bill to be heard. After two and a half hours of testimony and debate, the committee left the bill pending. At this point, its chances of advancing further in the legislative process are slim. Monday was the deadline for House bills to advance out of committee, although there are ways to revive bills up to the end of the legislative session. 'We are not out to impact a large industry, but we just want to begin the narrative so that we can start preventing the disposal of these biosolids,' Kerwin said at the hearing. A number of Texas wastewater plants have contracts with fertilizer companies to take their biosolids. Those companies market the fertilizers as nutrient rich and environmentally friendly and sell them to farmers as a cheaper alternative. The bill would require companies that manufacture products made from biosolids to test them monthly for certain PFAS before selling them. Products exceeding certain PFAS limits would need to dispose of them through incineration or at a landfill that will accept them. Companies would be required to publish results online, and violators could face criminal penalties. PFAS contamination is already impacting Texans. The bill comes after at least five farmers in Johnson County sued a fertilizer company alleging that PFAS-contaminated fertilizer made from Fort Worth's municipal waste poisoned their land, killed their livestock, and left them unable to sell anything produced on their farms. County officials issued a disaster declaration earlier this year asking for Gov. Greg Abbott to request federal disaster assistance after dangerous levels of contamination were found on agricultural land. Dana Ames, the environmental crime investigator who discovered PFAS contamination in Johnson County farmland, testified at the hearing that started at 1 a.m last Thursday. 'We've gotten a lot of calls from a lot of farmers that have felt deceived,' she said. 'They feel like they've been duped and lied to … by the companies that are encouraging them to use the product.' Nationally, more than half of sewage sludge was treated and spread on land, according to one study; 19 billion pounds of it was spread on American farms between 2016 and 2021, the nonprofit Environmental Working Group found in 2022. 'Across the country family farms like mine are vanishing, not just from economic pressure, but from environmental negligence,' said Karen Coleman, a farmer from Johnson County. Coleman and her husband Tony took over her father's farm in 2018. The couple didn't spread biosolids-based fertilizer on their land, but they claim storm runoff from a nearby property that used the fertilizer poisoned their land. Groups representing wastewater treatment operators, water utilities and the chemical industry testified in opposition to Kerwin's bill, warning that the bill would have sweeping consequences for how Texas manages biosolids and create costly logistical challenges for cities and utilities without fully understanding the sources or risks of PFAS. '[The bill] creates a de facto ban on land application… and would result in significant increases in wastewater rates paid by the public,' said Sarah Kirkle, policy director at the Texas Water Association. Kirkle and others raised logistical concerns, saying there are only two labs in Texas currently offering PFAS testing for biosolids. She also said there's a lack of short-term storage for biosolids awaiting test results, and uncertainty around landfill space — all of which would make compliance difficult under the bill's timeline. Rep. Tom Oliverson, R-Cypress and a member of the committee, challenged the idea that land application of biosolids should continue at all — especially given emerging concerns about PFAS contamination. 'It seems so obvious that the solid material left over from wastewater treatment is probably not the best thing to spread on land we're going to grow food on,' Oliverson said. 'How did we ever get to a point where someone thought that was a bright idea?' Julie Nahrgang, executive director with the Water Environment Association of Texas, pushed back, arguing that biosolids recycling is a long-regulated, widely practiced method supported by the Clean Water Act. She said the real focus should be on identifying and regulating the sources PFAS comes from. 'Let's ensure that [PFAS] do not make their way into the environment, to then be passively received by utilities,' she said. 'Let's understand that before we create legislation that impacts all of Texas and impacts us overnight.' Oliverson remained unconvinced. 'Just because something's been done historically doesn't mean it's safe,' he said. 'We used to put asbestos in for insulation for a long time and we thought that was a good idea, and then we realized it caused cancer.' Logan Harrell, representing the Texas Chemistry Council, cautioned that the bill sets a precedent for legislating environmental standards directly, rather than deferring to agencies like the Texas Commission on Environmental Quality, the state's environmental regulator. 'This bill departs from the standard process,' he said. The hearing highlighted a key regulatory dilemma: no Texas agency currently has both the authority and responsibility to monitor PFAS in biosolids that are applied to land. Until that changes, officials said, Texas will remain limited in its ability to assess risks or enforce protections. The TCEQ, which permits biosolids disposal, acknowledged that it has not conducted its own PFAS testing in Johnson County. Instead, the agency relied on third-party data provided by the county to draw conclusions. Lawmakers pushed back on that approach. 'You didn't generate any of your own data,' Oliverson said. 'You're just taking their word.' Sabine Lange, TCEQ's chief toxicologist, said the data the agency reviewed showed PFAS levels below the agency's own limits it has set for soil and water. Those limits, originally developed in 2011, are now being updated to reflect the growing body of toxicology research. There is a lot of buzz surrounding PFAS — the chemicals are under increasing scrutiny nationwide. Nearly a dozen Texas counties have passed resolutions urging farmers to stop using biosolids on their land until further testing is conducted. And states like Maine, Vermont, Michigan, and New York have already implemented bans or strict testing protocols. Last year, Texas Attorney General Ken Paxton filed a lawsuit against chemical giants 3M and DuPont, accusing them of misleading the public about the risks of PFAS in various consumer products. Earlier this month, the U.S. Environmental Protection Agency Administrator Lee Zeldin outlined the agency's plans to address PFAS contamination, such as establishing a liability framework to hold polluters accountable. The announcement also said it would continue soliciting public comment on a risk assessment of biosolids, which found fertilizers that contain treated sewage tainted with PFAS can pose a health risk to people who consume milk, eggs and beef. And most recently, during a visit to Texas A&M University in College Station, U.S. Health Secretary Robert F. Kennedy Jr. told WFAA that addressing PFAS contamination was a 'high priority' for him. He said he was aware of the situation in Johnson County and is working with the EPA to come up with solutions like 'ending the production of PFAS.' Days after the hearing, Kerwin said she remains encouraged, even if the bill doesn't advance this session. 'I think the door is opening where we can address this going forward,' she said, acknowledging that the legislation will likely need to be reintroduced next session. Disclosure: Texas A&M University has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
15-02-2025
- Business
- Yahoo
Landgraf talks ESAs at chamber reception
Feb. 14—About 150 people turned out Friday to the Odessa Chamber of Commerce's inaugural Pastries and Politics Reception to meet and greet elected representatives and officials from throughout the community. State Rep. Brooks Landgraf, R-Odessa, was among the group. Landgraf said the legislative session is off to a good start, although it's going to be a tough time for consensus building across the state. "We have a lot of contentious issues; a big development in the House yesterday, as the committee assignments were finally made. We have a house that's organized; a lot of consolidated committees, so things are going to look a lot different this session. I'm very honored that I've been named, again, to be chairman of the House Environmental Regulation Committee, which is really important for us in the Permian Basin. But with committee assignments made, bills are continuing to be filed. I'm ready to get to work," Landgraf said. There is currently a bill filed by Rep. Briscoe Cain, HB 2736, which would require a two-thirds (66%) vote to authorize the issuance of bonds or to increase taxes. This issue is also part of Gov. Greg Abbott's Property Tax Relief emergency item. Landgraf said he shares Abbott's goal of property tax relief and there are bills that would do that without changing majority rule in Texas. "I think that we can achieve the same goal of having property tax relief for all Texans without having to change the way that we deal with property tax increases at the local level. I know it's a concern for a lot of our local taxing entities. On one hand, we do want property tax relief for all Texas property taxpayers. On the other hand, we want to make sure that institutions like Odessa College have the resources that they need to be able to fulfill their mission. They've done a great job of it over their multi-decade history. With the great leadership that we have in place, (President) Dr. (Gregory) Williams and his board and faculty and staff, I think that they can continue to do that, and that goes for a lot of other local government entities that we have here in the Permian Basin," Landgraf said. Voter turnout in Ector County is usually low. Landgraf said majority rule is a foundational principle. "If you change that threshold too much, then it potentially comes a situation where you can have a very small group of voters" carrying the will of the majority, he said. "There does seem to be something incompatible with that when it comes to our Constitutional Republic," Landgraf added. On the subject of Education Savings Accounts, or vouchers, Landgraf said Abbott has made school choice an emergency item. "The Texas Senate has already passed SB 2, which would provide Education Savings Accounts up to about $10,000 for about 100,000 students," he said. "There is a lot of momentum behind this. As I mentioned, the Senate has already passed it. The House is probably going to come up with its own proposal that's going to look different, and then there will be some work between the House and the Senate. I do expect that there will be some sort of Education Savings Account legislation that passes. My goal for all of this is for ESAs is to be part of a larger legislative package where we can actually make educational opportunities for every student in Texas better, and that means that we also have to make sure that we are taking care of our K through 12 students in public schools all across the state, including Ector County ISD, including Monahans, including Kermit, Wink, Grandfalls, all of our school districts need to have plenty of support from the state. Our teachers need pay raises. They need to have a competitive advantage. "I think that we can provide more school choice options, but we also need to make sure that students who are going to continue to rely on public schools have a good, good option within that when it passes," Landgraf said. Part of SB 2 allows $2,000 for Education Savings Accounts for homeschool children whose families opt into that program. But it's not mandatory. "It's purely optional, but if the family decides to do that and they want $2,000 to help cover the costs of homeschool education from books, supplies, learning programs, things like that, then they could be eligible for that Education Savings Account under the proposal. But there are also strings that come attached with that, like a testing requirement and some other oversight from the state," Landgraf said. He added that he has gotten a lot of feedback from homeschool parents who want absolutely nothing to do with an ESA because they like having that autonomy. They like being able to make all those decisions themselves. "I've actually heard from a lot of homeschool parents saying we don't want these vouchers. We don't even want you to pass them. That's been an interesting dynamic to see, but I've gotten a lot of feedback from all sides on this issue," Landgraf said. Out of the 100,000 or so students who could get Education Savings Accounts, 80% are targeted as low-income or learning disabled students. Students who have special needs that require special education. That makes up about 80% of the program now and then the other 20% would be open to everybody, all students in Texas. "That's a bit of the balance, but it does seem to prioritize private schools. Of course, charter schools are public. They don't have tuition, and so they wouldn't be covered by these Education Savings Accounts just the same way that ISD students wouldn't be," Landgraf said. The way the SB 2 Education Savings Accounts are set up, it's purely voluntary for students to participate. It's also voluntary for a private school to participate. "There's nothing that would compel a private school to accept a student the way that state law requires public schools to accept students who live in their designated neighborhoods. ... I do think that (it) could create some opportunities, not necessarily in West Texas. I don't know that it would have a tremendous impact, just because we don't have the volume of students here in the way that inner-city, Houston, does. "I think it could create some opportunities for students who are in failing school districts in Houston who literally don't have any other options because there just isn't anything there for them without having some sort of financial assistance," he added. Landgraf said he's talked to a lot of private schools in West Texas who don't want the ESA program because they're already at capacity and have waiting lists. "And they would rather not have the strings that would be attached to any ESA," he added. There is a lot of opposition to ESAs, but there is also a lot of support for having an ESA program that provides choice for students who don't have it. "I think it's more of a principle thing for a lot of people. There's a lot of support on both sides. I will say that the anti-ESA crowd is definitely better organized and speaking a little bit louder. But there's also some misinformation on both sides about what this ESA does do. I want to be very clear that the ESA, even in SB 2 as proposed, would not dismantle public schools. It would only have an impact over 100,000 out of almost 6 million school children in Texas. We're talking about a very small percentage of students. What that means is, if we're only pulling about $1 billion, we're dedicating about $1 billion dollars to an ESA program when we're spending $96 billion on public education throughout the state; $1 billion is not going to defund $96 billion. I do want to be clear that this ESA program is not a silver bullet that's going to fix everything that's wrong with education in Texas. It's also not going to be something that can dismantle public education in Texas as we know it," Landgraf said. He added that ESAs can be used by public school students for supplemental training, tutoring and for online education programs. "There are also other opportunities that all students can take advantage of if they have special needs, what they need, after-school tutoring or online tutoring, things like that so there are other ways that even public school students can take ESA program," Landgraf said. He noted that a lot of people think that there's no accountability that goes with this public money for private schools in SB 2. "Yes, we do need to have accountability for that public money. The ESAs do not require students to take the STAAR exam, just a nationally norm referenced test, which can be a much more efficient standardized test. I think if that's good enough for ESAs it should be good enough for every student in Texas. I think there is also an opportunity to use this ESA conversation to really get some much needed reform to scrap the STAAR exam in Texas for all students," Landgraf said. He also said there is nothing that would suggest SB 2 affects teacher retirement. "I'm a huge proponent of retired teachers. I know that there's a narrative that's floating around out there that this would defund the pensions for retired teachers. That's something that I'm very sensitive about," Landgraf said. In the last legislative session with the help of Texas voters, a lot of money was allocated to make sure that the Teacher Retirement System is actuarily sound for years to come. Calculators on social media give figures on how much districts would lose if ESAs passed. Landgraf said he has seen them and said with 100,000 students spread across the state it's not going to take away from, especially rural school districts, where there aren't any private school options. "The math doesn't actually work out. Again, I respect everybody for having very deeply held views on this issue, but again, from a policymaker's perspective, if we keep this about facts, then it's going to be a much better conversation. The fear tactics don't really resonate with me. I've got to look at the facts, and in a lot of cases, these generators showing how much money would be lost are not accurate," Landgraf said. While the ESA program would start small, Landgraf said it would be up to future legislators to decide whether it will grow. "It's always a possibility. It's also a possibility that if it's a dismal failure, it can be scrapped altogether. But if it's a success, then it can grow. I think we should allow it to grow or contract based on its own merits," Landgraf said. Odessa Chamber of Commerce President/CEO Renee Earls said they have had receptions for elected officials throughout the years. "We have the pleasure of meeting our elected officials on a regular basis. We can call them. We can talk to them. We meet with them on issues. But many of our members don't have that opportunity so really, this is for our members to get to meet them, visit with them, begin a relationship with them, and then later down the line, if they need something, they know who to call," Earls said. The officials that are not elected are still a big part of the community. Earls said they will be hosting a reception for newly minted ECISD Superintendent Keeley Boyer sometime in March. "We wanted to see how successful it would be. (We) really had no idea what to expect, and so we threw it out there" and it's been successful, Earls said.
