1/28/25 – To date, members of the 89th Texas Legislature have introduced more than three dozens bills relating to flooding, dredging, and aggregate production operations (APOs) in Austin this year. The deadline for filing additional bills is Friday, March 14, 2025, 60 days from the start of the session. So, more could follow.
But here is a brief rundown on bills flood- and mitigation-related bills with links to the text of the actual bills on the Texas Legislature Online website.
Flooding
Thirty-six bills contain the keywords “flood” or “flooding.” So, I won’t summarize each. Instead, I’ll focus on those that could make the largest impact in the Houston region.
HB 2068 by Rep. Dennis Paul would amend the bill that created the Harris County Flood Control District. It would allow the district to grow beyond the boundaries of Harris County, when and if surrounding counties wish to join the District and coordinate efforts. The expanded District’s board would have five directors appointed by the governor.
HB 1209 by Rep. Charles Cunningham addresses the minimum number of instructional days required by the state’s schools affected by “flood days” or other extreme weather conditions. See also similar bills, such as HB 236, HB 683, HB 1157, HB 1703, HB 276, HB 1889, SB 233, and HB 1257.
State Representative Charles Cunningham from District 127.
HB 866 by Ron Reynolds would create a Climate Change Impact Assessment Council. The Council would assess current and potential effects of climate change and their costs. It would also research ways to mitigate climate change and recommend legislation to minimize its adverse impacts.
HB 941 by Rep. Briscoe Cain and SB 75 by Sen. Bob Hall et. al. relate to the resilience of the electric grid during extreme weather events and other hazards. It would establish a security commission to establish resilience standards, plans and provisions.
HB 798 by Rep. Armando Walle relates to the rights and duties of both residential tenants and landlords involved in disputes that may arise over flooding, broken pipes, sewage backups and other habitability issues. It defines how long the parties have to cure defects or non-payments in the disputes, and what their rights are.
Dredging
Legislators have introduced three bills containing the keywords “dredge” or “dredging.”
HB 1532 by Rep. Charles Cunningham relates to the creation of a Lake Houston Dredging and Maintenance District. It would give the District the authority to issue bonds and sell the material it dredges, but would not give it taxing authority.
HB 1069 by Rep. Chris Turner relates to the classification of construction workers in dredging and other trades, and their eligibility for unemployment benefits.
SB 766 by Senator Judith Zaffirini corrects references, including those related to dredge material and dredging plans, in TCEQ documents and regulations.
Aggregate Production Operations
Four bills refer to “aggregate production operations” (APOs). APOs include sand mines, which have contributed to flooding by increasing sedimentation in the headwaters of Lake Houston.
HB 873 by Rep. Terry M. Wilson relates to permits for APOs. Among other things, it would require APOs to control erosion by revegetating barren land. It would also require them to provide performance bonds to the TCEQ that would cover the cost of violations.
HB1163 by Rep. Charles Cunningham would amend Subchapter E (Planning and Financial Responsibility) of the state water code. It targets APOs operating within 1500 feet of the San Jacinto River or its tributaries. And it would obligate APOs to develop a restoration plan. Among other items, the bill requires APOs to return water quality of the “receiving body” (i.e., the river) to its original condition in the event of an unauthorized discharge. The main focus is on restoration of the mine itself and guarantees that would cover the costs of restoration.
HB 1018 by Rep. Terry M. Wilson establishes a certification program for APO operators, identifying those that do and don’t comply with best management practices.
SB 729 by Sen. Nathan Johnson relates to the operation of rock crushing facilities and monitoring of the air contaminants they generate.
Flood Infrastructure Fund
I couldn’t find anything yet about the state’s Flood Infrastructure Fund. Will the legislature ad to the funding? The State compiled its first flood plan last year. It contained more than $50 billion in project recommendations. What will be their fate? Stay tuned. I’ll try to review the progress of these and related bills as the session progresses.
Posted by Bob Rehak on 1/28/25
2709 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2025/01/20240919-DSC_0586.jpg?fit=1100%2C733&ssl=17331100adminadmin2025-01-28 16:52:192025-01-28 16:58:4589th Texas Legislature Bills Related to Flooding, Dredging, APOs
1/27/25 – The Humble ISD contractor in charge of rebuilding Foster Elementary has taken multiple, positive steps to reduce sediment-laden runoff from the construction site. Neighbors complained in early January about silty runoff from the site.
Chris Parker and Robert Scarfo, two members of the school board, contacted me and facilitated a meeting with contractors and ISD construction supervisors at the site. The meeting was unusual in that the six people present all seemed eager to eliminate the problem, not just convince me that I shouldn’t worry about it.
We spent the next 90 minutes discussing preventive measures they had implemented.
Final Phase of Construction Had Just Started
As it turns out, the project had just recently entered the third phase of the reconstruction effort.
Demolition and utilities/permitting precede new construction. So, the contractors had not yet fully installed all measures designed to prevent sediment-laden runoff when the early January storm struck. However, between the initial incident and the time we met on 1/24/25, they had made considerable progress.
I went back today after a 2″ rain yesterday. I can’t say there was no runoff. But the water left standing in the street was the clearest I have ever seen around a construction site. The turnaround was dramatic.
Multiple Lines of Defense
Measures designed to prevent sediment-laden runoff included:
Three stormwater detention basins, two of which they will later connect into a larger basin
Silt fences around the entire site
Secondary fences to keep people back from the sharp stakes that anchor the silt fences
A novel form of storm-drain-inlet-protection (see pics below)
Wattle rolls (tubular barriers filled with straw) wherever perimeter top soil had been disturbed
Gravel at construction site entrances to knock mud off the tires of trucks leaving the site
A full-time employee dedicated to scraping mud off surrounding streets and sweeping them clean
More on the Way
In addition, they have ordered “track-out matts” to help knock mud off the tires of trucks. The matts replace gravel traditionally used at entrances. However, gravel must constantly be replenished as it gets pushed down into the dirt.
The surface of the new matts features a grid of pyramid-shaped bumps that minimize the amount of mud tracked out of job sites by construction vehicles. They also protect keep gravel from becoming embedded in tires
As an environmental bonus, the HDPE mats are re-usable for up to 10 years.
Pictures of BMPs Now in Place
I took the pictures below on Friday, 1/24/25, and Monday, 1/27/25. On Sunday and Monday morning, we received approximately 2″ of rain.
The old Foster Elementary school had no stormwater detention basins. The new Foster will have two when finished. The construction road separating the two on the left will be removed at the end of construction to connect the two halves.Temporary channels lead runoff into the detention ponds for now until the permanent drainage is installed.Note the filtration in front of the pipe leading from one of the ponds to the storm sewer.Note gravel at the construction entrance in the upper right.On Friday, a fresh load of gravel had just arrived for another entrance.The black silt fence is semi-porous. It lets water through, but holds sediment back. The bottom is buried to keep water from rushing under it. Note sharp ends on stakes supporting the silt fence. The outer blue fence protects pedestrians from those stakesand other job site dangers.Contractor has one employee dedicated to scraping and sweeping up dirt full time. A wattle roll helps protect the sidewalk from erosion in the disturbed area.Multiple layers of protection: 1) silt fence behind blue fence, 2) a wattle roll, and 3) inlet protection (see more below). A wire cage snaps into the storm drain inlet. Porous fabric lets water enter the drain, but traps dirt, leaves and other street debris.This is an alternative to the sandbags placed beside inlets at many construction sites. This system does not force water out into the street like the sandbags do.
Surrounding Streets Looked Much Better Today
Several of the construction managers for the contractor live in Kingwood and helped rescue people during Harvey. After spending 90 minutes with them, I believe they want to avoid a repeat as much as other residents. They fully understand the importance of reducing sediment-laden runoff and seem to do a much better job than competition.
Shortly after the rain ended this morning and before the contractors arrived, I took the two shots below. They show the impact of following best management practices.
Cystal Springs Drive south of Foster reconstruction site. Note the absence of sediment buildup near the curb.Water near the curb was as clear as any I have seen next to a construction site, thanks to all the measures above.
Construction experts say we can’t always expect runoff to be this clear. It may contain particles of clay so fine that they migrate through silt fences. But particles that small usually remain suspended and float out into the Gulf without blocking drainage.
However, we do need to prevent larger particles from settling out of suspension in gutters and storm drains, and accumulating into layers of muck.
I plan to revisit this site periodically throughout the construction to monitor progress.
The new building will have enough capacity for 800 students. The artists renderings look beautiful. The Humble ISD says the facility should open for the 2026-2027 school year. I can’t wait to see it.
Posted by Bob Rehak on 1/27/2025
2708 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
1/26/25 – According to data provided in response to a FOIA request, Harris County Flood Control District (HCFCD) spending has now declined for the fourth straight year, despite $3 billion left in the flood bond (including committed partnership funding).
HCFCD spending more than doubled after passage of flood bond in 2018, but is now less than in 2019.$2.1 billion of the $5 billion in the bond has now been spent.
High Cost of Slowing Down
HCFCD spending picked up slightly last quarter compared to the previous quarter. But overall, the trend is still down compared to the years following passage of the flood bond in 2018.
A quarter-by-quarter analysis shows the decline has not been perfectly smooth. Dips and bumps have occurred with changes in management, direction, organization, and processes imposed by Commissioners Court. But overall the slowdown has been unmistakeable and costly.
Between 2018 and January 2025, the United States experienced a cumulative inflation rate of approximately 25.62%. Thus, the $3 billion remainder of the $5 billion flood bond has lost approximately a quarter of its purchasing power. And that means some planned projects may not get done.
Equity Prioritization Index Ignores Flood Damage
One of the biggest changes: the county’s focus on equity in prioritizing bond projects. On the left of the graph above, money was allocated to mitigation projects in areas with the most flood damage.
But starting in August 2019, that changed. Commissioners started ranking projects using a multi-factor index that omitted damage while emphasizing the average income in an area. Then, they kept tweaking the formula for the next three years.
The constant changes let Democratic commissioners direct money to pet projects in their precincts. But it also has reportedly slowed down HCFCD, and delayed or denied flood-mitigation assistance to areas that desperately need it.
San Jacinto Watershed: Worst Flooding, Modest Mitigation Investment
For instance, in five major storms since 2000 (Allison, Tax Day, Memorial Day, Harvey and Imelda), the San Jacinto watershed ranked 8th among Harris County’s 23 watersheds in terms of damaged structures.
Based on HCFCD Federal Reports. Total number of damaged structures in five major storms between 2000 and 2020 shown on right.
The San Jacinto also ranked 4th in the percentage of its population that experienced flood damage in those storms. That indicates how disruptive flooding has been to a watershed.
Based on 2022 population estimates by HCFCD in each watershed.
The San Jacinto had almost half the flood-related deaths in Harris County during Harvey – 15out of 36.
And we also had the deepest flooding in the county during Harvey – more than 20 feet above flood stage!
Chart showing feet above flood stage of 33 gages on misc. bayous in Harris County during Harvey.San Jacinto is at far left.
However, since Harvey, the San Jacinto watershed ranks 14th in terms of HCFCD spending.
Hopeful Comparisons Between Short- and Long-Term Trends
The San Jacinto watershed’s ranking increased from 8th place last quarter compared to 14th “since Harvey”. That’s a hopeful sign. Work in some other watersheds, such as Brays, finally appears to be winding down. Compare the relative positions of Brays and San Jacinto above and below.
Here are the actual spending totals during the two time periods. They vary by more than a 1000 to 1. Political priorities have skewed the numbers.
As of end of 2024
The lifecycle stages of projects have also skewed the numbers. For instance, within a project’s lifecycle, construction usually ranks as the most expensive stage by far. Looking at the percent of construction dollars within the “Total Since Harvey” column on the right above, yields the table below.
From Harvey through end of 2024
Watersheds near the bottom of the list may have had upfront studies completed, but little more. The San Jacinto’s low ranking (#17) indicates that commissioners have prioritized mitigation work in other watersheds higher.
Remember that studies don’t mitigate flooding. Construction does.
Another hopeful comparison shows how the percentage of HCFCD spending in watersheds with a majority of low-to-moderate income (LMI) residents decreased last quarter compared to the longer-term trend.
Harris County has eight watersheds with majority LMI populations. LMI means residents earn less than the median income for the region.
Since Harvey, LMI watersheds have received more than half of all funding from HCFCD, despite the fact that there are only eight such watersheds vs. 15 others.
On a per watershed basis, the LMI watersheds received twice the money on average. But last quarter, the percentages were much closer to equal.
Of course, the imminent kickoff of $863 million worth of projects funded by HUD – with a 70% cumulative LMI percentage – could skew these percentages back in the other direction faster than you can say Rodney Ellis.
I have two big worries at this point:
Inflation’s Toll – Will there be enough money left in the flood bond to complete all the projects in it – especially if we have to wait years more to finish the HUD projects?
HCFCD Spending Slowdown – Will HCFCD be able to complete almost a billion dollars worth of flood-mitigation projects before HUD deadlines?
If either worry comes to pass, projects that benefit higher income neighborhoods may not get done.
Posted by Bob Rehak on 1/26/25
2707 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2025/01/HCFCD-Annual-Spending-since-Bond-e1737935492739.png?fit=1100%2C747&ssl=17471100adminadmin2025-01-26 19:33:202025-01-29 22:06:15HCFCD Spending Declines for Fourth Straight Year, San Jacinto Watershed Still Slighted
89th Texas Legislature Bills Related to Flooding, Dredging, APOs
1/28/25 – To date, members of the 89th Texas Legislature have introduced more than three dozens bills relating to flooding, dredging, and aggregate production operations (APOs) in Austin this year. The deadline for filing additional bills is Friday, March 14, 2025, 60 days from the start of the session. So, more could follow.
But here is a brief rundown on bills flood- and mitigation-related bills with links to the text of the actual bills on the Texas Legislature Online website.
Flooding
Thirty-six bills contain the keywords “flood” or “flooding.” So, I won’t summarize each. Instead, I’ll focus on those that could make the largest impact in the Houston region.
HB 2068 by Rep. Dennis Paul would amend the bill that created the Harris County Flood Control District. It would allow the district to grow beyond the boundaries of Harris County, when and if surrounding counties wish to join the District and coordinate efforts. The expanded District’s board would have five directors appointed by the governor.
HB 1209 by Rep. Charles Cunningham addresses the minimum number of instructional days required by the state’s schools affected by “flood days” or other extreme weather conditions. See also similar bills, such as HB 236, HB 683, HB 1157, HB 1703, HB 276, HB 1889, SB 233, and HB 1257.
HB 866 by Ron Reynolds would create a Climate Change Impact Assessment Council. The Council would assess current and potential effects of climate change and their costs. It would also research ways to mitigate climate change and recommend legislation to minimize its adverse impacts.
HB 941 by Rep. Briscoe Cain and SB 75 by Sen. Bob Hall et. al. relate to the resilience of the electric grid during extreme weather events and other hazards. It would establish a security commission to establish resilience standards, plans and provisions.
HB 798 by Rep. Armando Walle relates to the rights and duties of both residential tenants and landlords involved in disputes that may arise over flooding, broken pipes, sewage backups and other habitability issues. It defines how long the parties have to cure defects or non-payments in the disputes, and what their rights are.
Dredging
Legislators have introduced three bills containing the keywords “dredge” or “dredging.”
HB 1532 by Rep. Charles Cunningham relates to the creation of a Lake Houston Dredging and Maintenance District. It would give the District the authority to issue bonds and sell the material it dredges, but would not give it taxing authority.
HB 1069 by Rep. Chris Turner relates to the classification of construction workers in dredging and other trades, and their eligibility for unemployment benefits.
SB 766 by Senator Judith Zaffirini corrects references, including those related to dredge material and dredging plans, in TCEQ documents and regulations.
Aggregate Production Operations
Four bills refer to “aggregate production operations” (APOs). APOs include sand mines, which have contributed to flooding by increasing sedimentation in the headwaters of Lake Houston.
HB 873 by Rep. Terry M. Wilson relates to permits for APOs. Among other things, it would require APOs to control erosion by revegetating barren land. It would also require them to provide performance bonds to the TCEQ that would cover the cost of violations.
HB1163 by Rep. Charles Cunningham would amend Subchapter E (Planning and Financial Responsibility) of the state water code. It targets APOs operating within 1500 feet of the San Jacinto River or its tributaries. And it would obligate APOs to develop a restoration plan. Among other items, the bill requires APOs to return water quality of the “receiving body” (i.e., the river) to its original condition in the event of an unauthorized discharge. The main focus is on restoration of the mine itself and guarantees that would cover the costs of restoration.
HB 1018 by Rep. Terry M. Wilson establishes a certification program for APO operators, identifying those that do and don’t comply with best management practices.
SB 729 by Sen. Nathan Johnson relates to the operation of rock crushing facilities and monitoring of the air contaminants they generate.
Flood Infrastructure Fund
I couldn’t find anything yet about the state’s Flood Infrastructure Fund. Will the legislature ad to the funding? The State compiled its first flood plan last year. It contained more than $50 billion in project recommendations. What will be their fate? Stay tuned. I’ll try to review the progress of these and related bills as the session progresses.
Posted by Bob Rehak on 1/28/25
2709 Days since Hurricane Harvey
Humble ISD Contractor Reduces Sediment-Laden Runoff
1/27/25 – The Humble ISD contractor in charge of rebuilding Foster Elementary has taken multiple, positive steps to reduce sediment-laden runoff from the construction site. Neighbors complained in early January about silty runoff from the site.
Chris Parker and Robert Scarfo, two members of the school board, contacted me and facilitated a meeting with contractors and ISD construction supervisors at the site. The meeting was unusual in that the six people present all seemed eager to eliminate the problem, not just convince me that I shouldn’t worry about it.
We spent the next 90 minutes discussing preventive measures they had implemented.
Final Phase of Construction Had Just Started
As it turns out, the project had just recently entered the third phase of the reconstruction effort.
Demolition and utilities/permitting precede new construction. So, the contractors had not yet fully installed all measures designed to prevent sediment-laden runoff when the early January storm struck. However, between the initial incident and the time we met on 1/24/25, they had made considerable progress.
I went back today after a 2″ rain yesterday. I can’t say there was no runoff. But the water left standing in the street was the clearest I have ever seen around a construction site. The turnaround was dramatic.
Multiple Lines of Defense
Measures designed to prevent sediment-laden runoff included:
More on the Way
In addition, they have ordered “track-out matts” to help knock mud off the tires of trucks. The matts replace gravel traditionally used at entrances. However, gravel must constantly be replenished as it gets pushed down into the dirt.
The surface of the new matts features a grid of pyramid-shaped bumps that minimize the amount of mud tracked out of job sites by construction vehicles. They also protect keep gravel from becoming embedded in tires
As an environmental bonus, the HDPE mats are re-usable for up to 10 years.
Pictures of BMPs Now in Place
I took the pictures below on Friday, 1/24/25, and Monday, 1/27/25. On Sunday and Monday morning, we received approximately 2″ of rain.
Surrounding Streets Looked Much Better Today
Several of the construction managers for the contractor live in Kingwood and helped rescue people during Harvey. After spending 90 minutes with them, I believe they want to avoid a repeat as much as other residents. They fully understand the importance of reducing sediment-laden runoff and seem to do a much better job than competition.
Shortly after the rain ended this morning and before the contractors arrived, I took the two shots below. They show the impact of following best management practices.
Construction experts say we can’t always expect runoff to be this clear. It may contain particles of clay so fine that they migrate through silt fences. But particles that small usually remain suspended and float out into the Gulf without blocking drainage.
However, we do need to prevent larger particles from settling out of suspension in gutters and storm drains, and accumulating into layers of muck.
I plan to revisit this site periodically throughout the construction to monitor progress.
The new building will have enough capacity for 800 students. The artists renderings look beautiful. The Humble ISD says the facility should open for the 2026-2027 school year. I can’t wait to see it.
Posted by Bob Rehak on 1/27/2025
2708 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
HCFCD Spending Declines for Fourth Straight Year, San Jacinto Watershed Still Slighted
1/26/25 – According to data provided in response to a FOIA request, Harris County Flood Control District (HCFCD) spending has now declined for the fourth straight year, despite $3 billion left in the flood bond (including committed partnership funding).
High Cost of Slowing Down
HCFCD spending picked up slightly last quarter compared to the previous quarter. But overall, the trend is still down compared to the years following passage of the flood bond in 2018.
A quarter-by-quarter analysis shows the decline has not been perfectly smooth. Dips and bumps have occurred with changes in management, direction, organization, and processes imposed by Commissioners Court. But overall the slowdown has been unmistakeable and costly.
Between 2018 and January 2025, the United States experienced a cumulative inflation rate of approximately 25.62%. Thus, the $3 billion remainder of the $5 billion flood bond has lost approximately a quarter of its purchasing power. And that means some planned projects may not get done.
Equity Prioritization Index Ignores Flood Damage
One of the biggest changes: the county’s focus on equity in prioritizing bond projects. On the left of the graph above, money was allocated to mitigation projects in areas with the most flood damage.
But starting in August 2019, that changed. Commissioners started ranking projects using a multi-factor index that omitted damage while emphasizing the average income in an area. Then, they kept tweaking the formula for the next three years.
The constant changes let Democratic commissioners direct money to pet projects in their precincts. But it also has reportedly slowed down HCFCD, and delayed or denied flood-mitigation assistance to areas that desperately need it.
San Jacinto Watershed: Worst Flooding, Modest Mitigation Investment
For instance, in five major storms since 2000 (Allison, Tax Day, Memorial Day, Harvey and Imelda), the San Jacinto watershed ranked 8th among Harris County’s 23 watersheds in terms of damaged structures.
The San Jacinto also ranked 4th in the percentage of its population that experienced flood damage in those storms. That indicates how disruptive flooding has been to a watershed.
The San Jacinto had almost half the flood-related deaths in Harris County during Harvey – 15 out of 36.
And we also had the deepest flooding in the county during Harvey – more than 20 feet above flood stage!
However, since Harvey, the San Jacinto watershed ranks 14th in terms of HCFCD spending.
Hopeful Comparisons Between Short- and Long-Term Trends
The San Jacinto watershed’s ranking increased from 8th place last quarter compared to 14th “since Harvey”. That’s a hopeful sign. Work in some other watersheds, such as Brays, finally appears to be winding down. Compare the relative positions of Brays and San Jacinto above and below.
Here are the actual spending totals during the two time periods. They vary by more than a 1000 to 1. Political priorities have skewed the numbers.
The lifecycle stages of projects have also skewed the numbers. For instance, within a project’s lifecycle, construction usually ranks as the most expensive stage by far. Looking at the percent of construction dollars within the “Total Since Harvey” column on the right above, yields the table below.
Watersheds near the bottom of the list may have had upfront studies completed, but little more. The San Jacinto’s low ranking (#17) indicates that commissioners have prioritized mitigation work in other watersheds higher.
Remember that studies don’t mitigate flooding. Construction does.
Another hopeful comparison shows how the percentage of HCFCD spending in watersheds with a majority of low-to-moderate income (LMI) residents decreased last quarter compared to the longer-term trend.
Harris County has eight watersheds with majority LMI populations. LMI means residents earn less than the median income for the region.
On a per watershed basis, the LMI watersheds received twice the money on average. But last quarter, the percentages were much closer to equal.
Of course, the imminent kickoff of $863 million worth of projects funded by HUD – with a 70% cumulative LMI percentage – could skew these percentages back in the other direction faster than you can say Rodney Ellis.
I have two big worries at this point:
If either worry comes to pass, projects that benefit higher income neighborhoods may not get done.
Posted by Bob Rehak on 1/26/25
2707 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.