On November 21, 2014 the Governor of New York signed Chapter 475 of the Laws of 2014 which provides for the licensure of professional geologists under Title VIII of the Education Law. The Law does not take effect until November 21, 2016.  Under the provisions of the new law, Geology has been added to the current State Board for Engineering and Land Surveying (State Board). As of November 21, 2016, the State Board will be known as the State Board for Engineering, Land Surveying and Geology. To assist the Board of Regents and the Department in implementing geology licensing provisions, the Board of Regents appointed qualified geologists to the State Board. The State Board has assisted the Board of Regents and the Department in developing the regulations that establish the education, experience, examination, age, moral character and fee requirements for applicants seeking licensure as a professional geologist. These regulations were adopted at the July 2016 Regents meeting and will become effective November 21, 2016 and can be found on our web site (http://www.op.nysed.gov/prof/geo/geolaw.htm).

 

The New York State Education Department is accepting applications for licensure under the grandparent provision or through endorsement for applicants who are licensed in another jurisdiction.  Applications will be accepted immediately and licenses will be issued to those applicants meeting the qualifications for licensure through the grandparent provision or endorsement starting November 21, 2016.  The grandparent provision of the law expires on November 20, 2017.  Therefore, all applications made under the grandparent provision of the law must be postmarked by the expiration date of November 20, 2017

The fee for licensure and first registration is $430.  Two hundred and twenty dollars is the application fee and $210 is for registration for first triennial registration period.  Renewals  will be $210 for each triennial registration period

 

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The Wise Report

Posted: November 23, 2015 in Uncategorized

Henry M. Wise, P.G.

November 21, 2015

 

The Texas Board of Professional Geoscientists (TBPG) is proposing rule amendments to Chapters 850and 851 concerning the licensure and regulation of Professional Geoscientists.  Many of the changes are for consistency and clarity.  The two documents containing these proposed changes can be found at: http://tbpg.state.tx.us/wp-content/uploads/2015/11/Ch850-TXRegIssue-11-27-15.pdf and http://tbpg.state.tx.us/wp-content/uploads/2015/11/Ch851-TXRegIssue-11-27-15-updated.pdf.

 

Comments on the proposed amendment may be submitted in writing to Charles Horton, Executive Director, Texas Board of Professional Geoscientists, 333 Guadalupe Street, Tower I-530, Austin, Texas 78701 or by mail to P.O. Box 13225, Austin, Texas 78711 or by e-mail to chorton@tbpg.state.tx.us.  Be sure to state which sections you’re commenting on in the subject line.

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The TBPG has approved Draft Advisory Opinion #13 regarding:.

 

Is Texas P.G. licensure and/or firm registration required if a P.G. licensed in another state physically moves his or her firm to Texas and engages in the following activities:

 

  1. Establishes a Texas LLC (is a Texas corp. for at least some tax purposes)
  2. Solicits and engages in work solely within his/her original state of practice and residence, except for the fact that the office-based portion of the work (report preparation, administration, etc) is done in the new Texas LLC’s office.
  3. Maintains current licensure in the original state
  4. The LLC advertises that services are offered only in the original state of licensure.

 

The draft opinion states, “If the firm solicits and engages in work solely within another state, except for the office-based portion of the work (report compilation, administration, etc.); maintains licensure in the other state; and the LLC advertises that services are offered only in the state of licensure, the firm is exempt from TBPG registration.”

 

You can submit written comments concerning this Advisory Opinion Request and Draft Opinion to: Charles Horton, TBPG Executive Director, P.O. Box 13225, Austin, Texas 78711, or by e-mail to chorton@tbpg.state.tx.us or by fax to (512) 936-4409.  Comments must be submitted no later than December 27, 2015.  Please reference Advisory Opinion Request #13.

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The TBPG has requested an opinion from the Texas Attorney General as to whether the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 to accept and place limits on the voluntary surrender of a license (RQ-0066-KP).  Some licensees have expressed a wish to surrender their respective licenses before the natural expiration date.  However, the Act is silent regarding a licensee’s authority to unilaterally terminate the license, before it is scheduled to expire, and accordingly does not provide a process for doing so.  The Act also is silent regarding the scop of the Board’s authority to accept a voluntary termination by surrender.

 

For more information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110. Briefs requested by December 7, 2015.

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The Railroad Commission of Texas proposes to amend §3.16, relating to Log and Completion or Plugging Report, to reflect changes in Texas Statutes relating to confidentiality of well logs, which were amended by Houst Bill 878 during the 2013 Legistative session.  For more information go to:  http://www.rrc.texas.gov/media/31172/prop-amend-3-16-well-log-confidentiality-nov2015-sig.pdf.

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The Railroad Commission of Texas adopts amendments to §12.108, relating to Permit Fees, without changes to the proposed text as published in the September 11, 2015, issue of the Texas Register (40 TexReg 6005).  The adopted amendments implement provisions of House Bill 1, 84th Texas Legislature (Regular Session, 2015), and, specifically, Article VI, Railroad Commission Rider 5, which requires the amounts appropriated from general revenue for state fiscal years 2016 and 2017 to cover the cost of permitting and inspecting coal mining operations. This appropriation is contingent upon the Commission assessing fees sufficient to generate, during the 2016-2017 biennium, revenue to cover the general revenue appropriations.  For more information go to:  http://www.sos.state.tx.us/texreg/archive/November202015/Adopted%20Rules/16.ECONOMIC%20REGULATION.html#105

 

Henry M. Wise, P.G.

The Wise Report

11/21/2015

The Wise Report

Henry M. Wise, P.G.

September 13, 2014

 

The TCEQ updates to the Texas Risk Reduction Program (TRRP) Tier 1 Protective Concentration Levels (PCLs) are now available at:  You http://www.tceq.state.tx.us/remediation/trrp/trrppcls.html.

 

The 2014 PCL table update is a single Microsoft Excel workbook with each table on a separate worksheet.  The updates are also available as a print only Adobe Acrobat portable document format (PDF) file.  The Excel file and the PDF file each contain PCL tables 1 through 10 and the supporting tables in the following order:

 

  •          Summary of Updates
  •          Table 1 – Tier 1 Residential Soil PCLs
  •          Table 2 – Tier 1 Commercial/Industrial Soil PCLs
  •          Table 3 – Tier 1 Groundwater PCLs, Residential and Commercial/Industrial
  •          Table 4 – Tier 1 Residential Total Soil Combined PCLs
  •          Table 5 – Tier 1 Commercial/Industrial Total Soil Combined PCLs
  •          Table 6 – Tier 1 Individual Residential Soil PCLs
  •          Table 7 – Tier 1 Individual Commercial/Industrial Soil PCLs
  •          Table 8 – Tier 1 Individual Residential and Commercial/Industrial Groundwater PCLs
  •          Table 9 – Individual Risk-Based Exposure Limits (RBELs), Residential
  •          Table 10 – Individual Risk-Based Exposure Limits (RBELs), Commercial/Industrial
  •          Toxicity Factors
  •          Chemical/Physical Properties
  •          Organic Carbon-Water Partition Coefficient (Koc) Values for Ionizing Organic COCs as a Function of pH
  •          Gastrointestinal and Dermal Absorption Fractions (ABSGI and ABD.d Values)
  •          2011 List of Updates

 

The PCL tables updated in June 2012 were the most recent tables prior to this release.  A guide to the correct interpretation and use of the Tier 1 PCL tables can be accessed at: http://www.tceq.texas.gov/publications/rg/rg-366_trrp_23.html

 

For additional information on the PCL tables, contact Jessica Mauricio at jessica.mauricio@tceq.texas.gov

 

 

Henry M. Wise, P.G.

The Wise Report

9/13/2014

The Texas Board of Professional Geoscientists at their last Board meeting decided to extend the time period for public comments on their four-year rule review.  In addition they decided to hold open public meetings in several different localities.  The TBPG has just released the schedule for the public hearings.  Below is the list of dates and locations for these meetings.  More details will be provided as they are made available.

Public Hearing – Midland – September 5, 2014
Public Hearing – Fort Worth – September 8, 2014
Public Hearing – Houston – September 10, 2014
Public Hearing – Corpus Christi – September 12, 2014
Board Meeting/Public Hearing – Austin – September 19, 2014

If there are comments please submit them both to the TBPG and to TAPG (TAPGONLINE@Gmail.com). If you have a question regarding a change please also feel free to ask the TBPG and TAPG. I will do my best to get an answer that will explain your concerns. I will also submit your comments and questions to the TBPG as well to ensure that they are seen and heard. This is an excellent opportunity to have a direct influence upon the licensure process. When people get involved, the TBPG will listen. With that in mind please use this opportunity to make the rules better. In Houston, I will be holding an informal work group of those who are interested to help get a better understanding of the proposed changes. If you are interested in joining that will be great. If you are not close to Houston, correspondences will be great or you can organize one in your region. If I become aware of work groups meeting I will inform you.

Stay tune I will be sending out new information on when the public hearings will be held.

Below will be links to follow that will have the rules as they have been proposed and information on the process.
Resource from the TBPG.
http://tbpg.state.tx.us/board/rules/rule-review/

Send comments and questions to:
Texas Association of Professional Geoscientists:tapgonline@gmail.com
Texas Board of Professional Geoscientists:chorton@tbpg.state.tx.us

Matthew R. Cowan, P.G. (TX, 1263)
TAPG PRESIDENT

This review is required by State Law to occur every 4 years. With this process they can add rules, delete rules, clarify rules or expand rules. This work though must be consistent with the intent as written in the Geoscience Practice Act which was created in conjunction by our association TAPG and other Geoscientists. This past July the Board completed its review process and put forth their work product for review in the Texas Register for a 30 day comment period. The TBPG held a meeting on August 8, 2014, in Houston, to discuss the rules.

  1. At this meeting, several members of the audience expressed a desire to hold open to the public additional comment time period for another 60 days.
  2. It was also requested that several public meetings be held around the State to gather input.
  3. Another request was that the public comments be made public in real time to be reviewed during the 60 day comment period instead of after the review period.

Based upon these requests, the TBPG took action by extending the public comment period by another 60 days, agreed to hold more public hearing to be held in Houston, Austin, Dallas, Fort Worth and another location to be announced ( suggestions were for West Texas or South Texas). The TBPG also voted to allow for publishing of comments for the public to see during the public comment period provided that it was in accordance with State Law.

With this comment period extended, I would ask that you take time to review the changes that have been proposed.

If there are comments please submit them both to the TBPG and to TAPG (TAPGONLINE@Gmail.com). If you have a question regarding a change please also feel free to ask the TBPG and TAPG. I will do my best to get an answer that will explain your concerns. I will also submit your comments and questions to the TBPG as well to ensure that they are seen and heard. This is an excellent opportunity to have a direct influence upon the licensure process. When people get involved, the TBPG will listen. With that in mind please use this opportunity to make the rules better. In Houston, I will be holding an informal work group of those who are interested to help get a better understanding of the proposed changes. If you are interested in joining that will be great. If you are not close to Houston, correspondences will be great or you can organize one in your region. If I become aware of work groups meeting I will inform you.

Stay tune I will be sending out new information on when the public hearings will be held.

Below will be links to follow that will have the rules as they have been proposed and information on the process.
Resource from the TBPG.
http://tbpg.state.tx.us/board/rules/rule-review/

Send comments and questions to:
Texas Association of Professional Geoscientists:tapgonline@gmail.com
Texas Board of Professional Geoscientists:chorton@tbpg.state.tx.us

Matthew R. Cowan, P.G. (TX, 1263)
TAPG PRESIDENT

JMcNamee1_entry

It is with a heavy heart to announce that Justin McNamee passed away on April 18, 2014.  Mr McNamee was on the Texas Board of Professional Geoscientists.  He was appointed by Governor Perry in 2010 to a 6 year term in a position reserved for the public (someone who is not a Licensed Geoscientist).   Mr. McNamee was born on July 31, 1958 in Dallas, Texas.  He attended and received his Bachelor’s Degree at the University of Texas at Arlington.  Mr. McNamee was a community leader who gave to the community his time to numerous charitable and civic groups.

I had the pleasure of meeting him when he was first appointed in 2010.  He was a bright and interesting person who was keenly interested in what geoscientist do.  He knew and understood the role that Licensed Geoscientist play in this state and was proud to add his voice to the Board.  He was always cheerful despite the long meetings.  I appreciated his view and efforts with the Board and his voice will be missed.

Mr. McNamee is survived by his wife and his 2 children.  In lieu of flowers, memorial donations may be made to the Justin Lynn McNameeScholarship Fund benefitting the children and youth ministries at Highland Oaks Church of Christ. Highland Oaks Church of Christ, 10805 Walnut Hill Lane, Dallas, TX 75238.

Aside  —  Posted: May 12, 2014 in Uncategorized

The TBPG met today in their work group committees.  The meetings start early this AM, Matthew Cowan of TAPG and Henry Wise of AIPG-Texas attended two of the committee meetings.  The major highlight was at the General Issues committee.  On their agenda was the consideration of possible action regarding licensure of environmental professionals.  Details regarding this was very sketchy before the meeting.  At the meeting the Representatives of TAPG and AIPG-Texas spoke clearly against any such move that would allow those not qualified by education, experience or exam to practice geoscience.  The issue was actually about those who hold a CAPM doing work that would require a PG.  The intent was to establish a work group to talk to the TCEQ with regard to the CAPM program and practice of geoscience and NOT licensing environmental professionals to do some sort of geoscience work.  The Board ended up taking no action.