ANNALISA PEACE GEAA EXECUTIVE DIRECTOR
While recently reviewing documents I write for the Greater Edwards Aquifer Authority (GEAA) -- grant proposals, alerts and advocacy correspondence -- I was struck by how often the word “mitigate” pops up.
We ask
to mitigate pollution, flooding, and all manner of degradations to our environment. Perhaps we should be asking to prevent harm by, dare I say it, regulation.
Reviewing bills passed by the 88th Legislature, all I can say is that a whole lotta mitigation will be required to counter negative impacts accruing from bills that effectively roll back regulations enforced by local governments.
In addition to the “Death Star” bill (House Bill 2127), the passage of SB 2038 will also gut many environmental protections enforced by municipalities.
SB 2038 allows landown
ers on the fringes of major cities to petition to be removed from an extraterritorial jurisdiction (ETJ), freeing them up to develop GUEST COLUMNIST LUMNIS with fewer regulations. You can read more about the impacts of SB 2038 here.
Developers who would profit from enfeebling local regulatory powers were quick to claim their newly granted advantages. Immediately after SB 2038 became effective on September 1, cities across the state began receiving petitions for the removal of property from their ETJ.
Austin-based developer Milestone filed on September 1 to be removed from the jurisdictions of Austin and the city of Hays for two high-density developments over the Edwards Aquifer Recharge Zone in order to skirt enforcement of those cities’ aquifer protection ordinances, which set strict limits on lot size, impervious cover, and wastewater disposal for development over the Recharge Zone.
Fortunately, it appears that some cities are fighting back on this one. As reported on November 15 by the San Antonio Business Journal (‘Constitutionality of state law that allows developers to deannex land challenged in court’), “the city of Grand Prairie near Dallas has challenged the new law, calling it an ‘unconstitutional delegation of legislative authority to private parties’ and asking that it ‘must be found unconstitutional’ according to an Oct. 25 lawsuit filed in Travis County District Court.”
Lockhart’s City Council quickly joined the fight by unanimously voting to reject a petition to remove a 389-acre property near the city and voting to join Grand Prairie as a party in their lawsuit.
This message is especially cogent for communities in the Hill Country, where ecosystem services include protecting the Edwards and Trinity Aquifers.
Given the impacts SB 2038 is inflicting on our fast growing region, we would love to see amicus briefs filed by all municipalities within GEAA’s service area. Even if it turns out that a judge rules SB 2038 unconstitutional and Texas appeals the ruling, as with the challenge to the Death Star bill, we believe that this effort will send a strong message to our legislators telling them “Don’t Mess with Texas Cities.”
Many thanks to the Texas Agricultural Land Trust and to all of our land trusts, for their work in this venue.
Wishing you all a great weekend and a happy Thanksgiving holiday.
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