HB 3105 never made it out of calendars

I know that this is not exactly breaking news at this point, it's just that I am so happy that this happened. HB 3105 would have positively gutted our Gas Well Ordinance (stated to be one of the area's toughest by the Denton Record Chronicle).

HB 3105 - big gas interests' way to crush cities

HB 3105, Relating to the applicability of the Private Real Property Rights Preservation Act to certain governmental actions, is designed to do one thing, and one thing only - destroy local control of drilling. It is designed to take away the power and ability of cities to regulate drilling in their jurisdiction. Big Gas made its impact felt.

Gas Wells - Business as usual in Austin?

Recently I read an article in the Denton Record Chronicle that described several bills filed by State Rep. Tan Parker affecting residents in communities in the Barnett Shale (and other shale plays in the future). HB 2125 sought to direct the Rail Road Commission of Texas to place a priority on inspections of gas wells (in any phase) in urbanized counties with a large number of wells. HB 2126 would have increased the maximum fine for regulatory infractions by gas well operators in urbanized counties to $20,000. The $10,000 increase would have gone directly to the fund established for setting up and operating air monitoring in these urbanized counties.

Tank Setbacks

There are two variance requests concerning tank setbacks. The first variance requested is for the rule of 114.12(A)(24)(j) which states that tanks must be located a minimum of 600 feet from any protected use. Another variance for 114.12(A)(32)(c) which sets the minimum distance of waste disposal tanks from any protected use to 600 feet also.

Reviewing the site plan, I believe there are locations on the site that would put the tanks in question (both types) at least 600' from any residences that have not already agreed to have the well or well support equipment at less than 600'.

The operator states that there is no alternative to the variance. I disagree, and will need the operator to prove that statement before I could agree to grant this variance.

The operator also states that 150' is an "industry standard" for setbacks from hydrocarbon tanks. While that may be true, that is a flammability/explosion safety issue, and does nothing to address adjacent property owner's rights, particularly to maintain the value of their property.

The operator does not address the hydrocarbon emission issue at all, and as recent TCEQ investigation of complaints around North Texas have shown, there are real issues with emissions of volatile compounds dangerous to human health.

What we can and can't do concerning Gas Well Drilling

As I was researching information concerning gas well drilling in cities, since we have a request for a permit to drill a well in Corinth, Texas, just southeast of the Lake Sharon/Oakmont intersection, I found some good guidance. State and Federal courts have long found that preventing an operator from drilling to get at Natural gas within the city limits has constituted a regulatory taking. As such it has been found unconstitutional (at least that is what I read).

So, while we can set rules to be followed in drilling a well, just like we set rules for how to xeriscape or how tall your weeds can be, we can't deny access to drill for gas. So we have rules defining how far wells have to be from residents (unless the residents that might be closer waive that), what type of fences, sound levels etc.

Whether we can impose air quality rules remains to be seen. I certainly intend to find out.