Bills introduced a year after state’s largest blaze seek to limit wildfires

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LUBBOCK — A year after devastating wildfires engulfed the Panhandle, killing three people and burning millions of acres, Texas lawmakers have filed a slate of legislation aimed at mitigating the risks and damage of future blazes.

Three Republicans — state Sen. Kevin Sparks of Midland, state Rep. Ken King of Canadian, and state Rep. Caroline Fairly of Amarillo — are carrying the package of bills. Their proposed legislation would give two state agencies more oversight of unregulated power lines, increase funding for rural volunteer fire departments and create a database of firefighting equipment available during a wildfire.

The House Investigative Committee tasked with probing the wildfires concluded that unmaintained electrical lines for oilfield equipment started at least two of the blazes. The Smokehouse Creek Fire, which grew to be the largest fire in Texas history, was ignited after a decayed power pole snapped and landed in dry grass, the committee found. Data from Texas A&M Forest Service shows power lines have caused roughly 60% of fires throughout the Panhandle since 2006.

King’s House Bill 2453 would require the Railroad Commission, which oversees the oil and gas industry, and the Public Utility Commission to notify electric utilities when substandard power lines are found at well sites or at facilities used for oil and gas development or production. The two state agencies would also be required to request an inspection from the state fire marshal or a local government.

That bill seeks to address what King and other lawmakers have called a regulatory “no man’s land.”

The PUC, which regulates the state’s utilities market, previously said it does not have the authority to inspect oilfield power lines. The Railroad Commission also said inspecting electrical lines is not in their respective jurisdictions. King, who led the House Committee investigating the fires, previously told the Tribune that he wanted the Railroad Commission to write a rule defining its role instead of pushing a new law to address it. Both agencies have worked with lawmakers since, King said, to refine their role.

“The agencies feel like they need some direction from the Legislature to do their part and stop these ignition sources,” King said.

After the East Amarillo Complex Fire in 2006, Texas legislators passed a law that required oilfield operators to build and maintain their power lines according to the National Electrical Code. However, the law did not specify a penalty or an agency to enforce it, so there were no consequences for violating it.

Adrian Shelley, Texas director of the public interest nonprofit Public Citizen, said HB 2453 is a step in the right direction but still falls short. He said the bill only requires the Railroad Commission to notify the PUC of substandard power lines or facilities that oil and gas regulators inspect. It does not address how the commission handles low-producing or abandoned well sites. According to the report, well operators lose their incentive to maintain the site when production capacity is low. However, there is still electrical equipment, such as breaker boxes, wires, or poles that can potentially start fires if they’re damaged or deteriorating. The House committee that investigated last year’s fires heard from witnesses that those abandoned and low-producing well sites, called stripper wells, are a common culprit contributing to wildfires.

According to the Environmental Defense Fund, there are at least 6,489 abandoned well sites in Texas as of last year. In the wildfire investigative report, the committee said regulatory oversight of producers who own low-producing well sites is “grossly deficient.” Shelley said the Legislature needs to give the commission the money it needs to address these sites and to track the rate of new abandoned wells.

“That problem is not addressed,” Shelley said. “It can only do as much as it’s funded to do, so the Legislature needs to get serious about giving the money to address this.”

House Bill 3091, filed by state Rep. Vikki Goodwin of Austin, would create a fund for injection and abandoned wells cleanup. While King is not carrying that bill, he said orphan wells are a problem in Texas and have been for a long time.

Craig Cowden, a rancher in Canadian, said it’s critical for HB 2453 to get passed. Cowden has a lot of oil wells on his land, and started inspecting each one after the fires. He reports any violations to the Railroad Commission. So far he has inspected 75 wells.

“If we can get the sources of the ignition stopped or decreased, then we would be saving Texas taxpayer dollars tremendously,” Cowden said, referring to the cost for state agencies to respond to wildfires.

According to the investigative report, it cost Texas A&M Forest Service more than $16 million to respond and the Texas Department of Transportation at least $540,000.

There are other bills that could help strengthen the response to wildfires. Volunteer departments in the Panhandle were at the forefront of battling the fires last year. However, some of the departments were using expired gear, old respirators, and radios that were not working. Rural volunteer fire departments typically have tight budgets, and rely on hand-me-down equipment if they can’t afford their own.

Senate Bill 868 calls for the cap to be removed from the Rural Volunteer Fire Department Assistance program to clear the backlog of funding requests. According to a statement from Sen. Sparks, the backlog has ballooned to almost $200 million, leaving fire departments waiting to receive assistance. The bill would also allocate at least 10% of the funds to be used on volunteer fire departments in areas of the state that are at high-risk for large wildfires.

“Constant wildfire threats that require preparation, coordination, and resources is the most pressing issue for the Panhandle,” Sparks said in a statement.

Another issue that came up during the fires was an uncoordinated response between responding agencies and a lack of knowing what equipment the agencies have. There were also problems getting firefighting air support on the scene in a timely manner, due to high winds and none being available. Texas A&M Forest Service tracks their equipment by office location. Senate Bill 767, along with Fairly’s companion House Bill 2063, directs A&M Forest Service, with legislative support, to create a database of statewide firefighting equipment that is available during a wildfire. The bill states it must include equipment descriptions, contact information for fire departments, and allow searches by location and equipment types.

Disclosure: Environmental Defense Fund 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.

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