2023 Legislature Scorecard on Flood Issues: 2 Wins, 4 Losses, 1 Toss-up

The 2023 legislature scorecard, just five years after Hurricane Harvey, shows that flooding is fast becoming forgotten in Texas. Of the seven issues I tracked, the Lake Houston Area had two wins, four losses, and one that could be ruled a coin toss depending on your point of view.

In the Win Column

Let’s look at the good news first.

HB 1: More Floodgates for Lake Houston

Due to last minute heroics, HB 1 contained enough money earmarked for more gates to keep the project alive. A last minute phone-call campaign by hundreds of citizens making thousands of phone calls to key state legislators in the House and Senate succeeded in getting riders attached to the budget bill.

Few projects have inspired more hope among residents in the northeastern part of Harris County than the one to add more floodgates to the Lake Houston Dam. The Lake Houston Area Flood Task Force identified the project as one of the top priorities for the area.

The idea: to release water both earlier and faster in advance of major storms to create more storage in Lake Houston. Right now, Lake Conroe can release water 15 times faster than Lake Houston. And the release from Lake Conroe during Harvey was widely seen as one of the contributing factors to the flooding of so many homes and businesses in the Lake Houston Area.

The governor signed HB 1 on 6/18/23. It becomes effective on 9/1/23. With funding secured, Houston Mayor Pro Tem Dave Martin says final design on the gates is proceeding.

Lake Houston Gates Project
Lake Houston Gates Project
SB 1397: TCEQ Reforms

The TCEQ was under sunset review this year. No one proposed eliminating the TCEQ. But many people had ideas to improve it. They focused on two main areas: increasing transparency and improving enforcement.

The Sunset Commission recommended measures to improve public outreach, public notices, community input, and dissemination of public information, including the publication of best practices for sand mining.

The Commission also recommended updating the TCEQ’s enforcement practices to better focus on the riskiest actors and ensure staff treat potential violations consistently and based on severity. 

Breach in dike of Triple PG mine remained open for months, sending wastewater into Lake Houston. Texas Attorney General is now suing the mine.

The governor signed SB 1397 on 6/18/23. It becomes effective on 9/1/23.

In the Loss Column

SB 2431/HB 5338: Gulf Coast Resiliency District

These companion bills would have transformed the Harris County Flood Control District into the Gulf Coast Resiliency District. The new District would have been governed by a board appointed by the Governor instead of management hired by Harris County Commissioners.

The idea: to create regional solutions that benefitted all residents of Harris County, not just those that scored high on an equity formula.

The County fought the bill(s) tooth and nail. Each failed to get out of committee.

HB 1093: Financial Surety Guaranteeing Sand Mine Cleanup

The bill died in the House Natural Resources committee. It never even got a public hearing.

This bill would have required sand mining companies to post financial surety that would guarantee cleanup of mines before they were abandoned. Abandoned mines on both the San Jacinto East and West Forks are littered with the remains of once thriving operations. But when the sand played out, the miners walked away, leaving a legacy of blight for the public to clean up.

abandoned dredge
Abandoned dredge in mine on North Houston Ave. in Humble. Property is unfenced so kids can play on equipment.
HB5341: Lake Houston Dredging and Maintenance District

This bill also died in the House Natural Resources committee. House Bill 5341 would have created a Lake Houston Dredging and Maintenance District. Its purpose would be to remove sediment, debris, sand, and gravel  from Lake Houston and its tributaries to restore, maintain, and expand the Lake to mitigate storm flows. 

SB 1366: Flood Infrastructure Financing

This bill died in the Senate Finance committee. Senate Bill 1366 would have redirected surplus revenue from the economic stabilization fund to the Flood Infrastructure Fund. The State’s Flood Infrastructure Fund (FIF) has turned into one of the main sources of funding for Texas Water Development Board grants and one of the main ways that smaller counties and cities can fund flood projects. 

Passed but Failed
HB 1540: SJRA Reforms

HB 1540 passed. The bill implements reforms recommended by the Sunset Review Committee for the the San Jacinto River Authority. Many of those are good and needed reforms. They include provisions governing:

  • Gubernatorial designation of the presiding officer of SJRA’s board of directors;
  • Specific grounds for removal of a board member;
  • Board member training;
  • Separation of the board’s policy-making responsibilities and the staff’s managementresponsibilities;
  • Maintenance of complaint information; and
  • Public testimony at board meetings.

Approval should have been a rubber stamp. But at the last minute, Rep. Will Metcalf from Conroe offered an amendment that effectively fired Jace Houston, SJRA’s general manager and leader of the SJRA’s fight to reduce subsidence. The amended bill passed the Senate. Houston resigned effective 6/30/23. And now the Lone Star Groundwater Conservation District has no one to challenge unlimited groundwater pumping in Montgomery County.

Some in the Lake Houston Area who flooded during Harvey may rejoice at Houston’s departure. But differential subsidence is tilting Lake Houston upstream. It could make the Lake Houston Dam two feet higher relative to areas upstream near the county line. That could eliminate the safety margin above the floodplain for many homes in the next big flood.

subsidence in Harris County
Modeling shows 3 feet of subsidence near Harris/Montgomery county line, but only one foot at Lake Houston Dam.

As someone who had floodwater lapping at his foundation, I personally would put this one in the loss column.

The governor signed the bill on 6/18/23. It goes into effect on 9/1/2023.

Posted by Bob Rehak on 7/2/23

2133 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.

Woodridge Village Excavation Reached 92% of Atlas-14 Requirements in June

At the end of June, stormwater detention basin excavation on Harris County Flood Control District’s (HCFCD) Woodridge Village property reached 92% of Atlas-14 requirements. When HCFCD bought the property from Perry Homes in 2021, it had only 70% of the required detention capacity under Atlas 14.

Atlas-14 defines the current standard for safely containing a 100-year rainfall. The lack of detention basin capacity contributed to the flooding of hundreds of homes along Taylor Gully twice in 2019, after Perry contractors clearcut the property.

HCFCD and City of Houston purchased the property from Perry in March 2021. Excavation of additional detention capacity started in January 2022.

June/July Photos Show Progress

The first photo below was taken at the beginning of June 2023 so you can see how much progress has been made in the last month.

Looking ENEExtent of Excavation on June 4, 2023

The second shows the site at the beginning of July 2023. The primary changes seem to be additional depth and length.

July 1, 2023 photo shows additional depth at far end of project.

HCFCD spokesperson Amy Crouser said that, “Essentially, the contractor is free to excavate where they want within the provided footprint.”

Rough layout for new Woodridge basin.
Green area indicates rough outline of new basin.

Where Does Woodridge Village Excavation Go From Here?

HCFCD’s Excavation and Removal contract with Sprint Sand & Clay calls for excavating up to 500,000 cubic yards. Sprint excavated approximately another 8,000 cubic yards in June. That equals approximately 5 acre feet.

If Sprint keeps excavating at that rate, the table below shows that it could reach Atlas 14 requirements by the end of this year.

However, Sprint’s contract calls for excavating UP TO 500,000 cubic yards. Any excavation beyond Atlas-14 needs would create a safety hedge against future needs should they increase. 

NOAA is already working on updating the Atlas 14 requirements and should release Atlas 15 before the end of this decade.

Here’s how all that looks in a table.

Acre Feet of Stormwater Detention% of Atlas-14 Requirement% of Ultimate
Site Had When Purchased from Perry Homes27170%47%
Has as of 7/1/2335392%61%
Atlas 14 Requires385100%66%
If Sprint Excavates All 500K Cubic Feet580150%100%
Calculations based on original construction plans, HCFCD monthly reports, Atlas-14 Requirements and Sprint contract.
Sprint could excavate down to or even slightly past the small grove of trees in the top center. Photo taken July 1, 2023.

Sprint will make only $1,000 from its Woodridge Village excavation contract with HCFCD, but will make its profit by selling the dirt at market rates. It’s a good deal for taxpayers, but carries some uncertainty with it.

If the demand for dirt dries up and excavation slows, HCFCD and Sprint could modify the E&R contract to complete a smaller detention basin sooner. But I assume it would still meet Atlas 14 requirements at a minimum.

But simply excavating the dirt isn’t the end of the job. Harris County still needs to slope the sides, plant grass, and tie the new basin into the site’s existing stormwater-detention-basin network. Engineers are reportedly working on plans for all that, according to HCFCD.

Posted by Bob Rehak on 7/1/2023

2132 Days since Hurricane Harvey

The Problem with Climate-Change Hysteria

Go to almost any news source you can name and you will likely find an article about climate change. They generally manage to turn a local event into an international crisis.

The articles report on the latest freeze, heat wave, drought or flood somewhere in the world and tie that into similar stories affecting other areas. The aggregated anecdotal evidence makes it seem as though the world is burning; drowning; freezing; frying; being blown apart by hurricanes and tornadoes; etc.

One such article caught my eye this morning on the Associated Press website by a writer who appears to be from Phoenix. The headline trumpeted, “Heat waves like the one that’s killed 14 in the southern US are becoming more frequent and enduring.” Four paragraphs in, I read, “…extreme heat will only increase in the U.S. each summer without more action to combat climate change…”

That made it sound as though “the end is near.” The temperature is shooting straight up and I better buy an electric vehicle before I turn into charcoal!

So I emailed Jeff Lindner, Harris County’s meteorologist, and asked whether the alleged “facts” about the current heat wave cited in the article were true for the Houston area. Short answer: “In general, no.” But he did dig deeper to reveal some interesting nuance in the numbers.

Observations from Harris County’s Meteorologist

Lindner began, “The current hot weather is nowhere near the levels of 1980 or 2011 with respect to the longevity of the heat or the intensity…at least in southeast Texas. Along the Rio Grande temperature records have been broken including some all-time records.”

Then he added, “As for the claim about heatwaves becoming worse…climate models do suggest that heatwaves and drought will become increasingly common with climate change especially in the southern plains and Texas. This is most noted in the rise of overnight low temperatures in the summer months which we are seeing along the Texas coast, but not so much an increase in afternoon high temperatures.”

“The increasing summer low temperatures can be tied to the warm Gulf of Mexico waters that keep lows from falling much below 80 at night locally. They also help keep dew points elevated (as we have seen with this recent heat) resulting in the very high heat-index values over the last few weeks.

Sea surface temperature anomalies on 6/29/23. Source NOAA.

“While air temperatures have generally been in the upper 90’s for highs, it has been the high dew points that have combined with the high temperatures to result in the dangerous heat index values.

Local Vs. Global

I am not questioning the AP’s integrity, nor the author’s intellect or intentions. She’s simply using a well-worn, time-honored template in news coverage. Lead with specific examples – heat-related deaths – that dramatize a larger problem.

You see it every night on the news: Someone was shot; crime is out of control! Big Bend hikers died; we need to do more about climate change!

The specifics give stories emotional oomph that dry statistics can’t. But the specifics can also mislead.

Big Bend National Park, where the hikers died, is in the middle of a harsh, unforgiving, volcanic desert with little to no shade. Temperatures there reach 109 degrees and the average annual rainfall is only 13 inches. The last time I was at Big Bend, I saw dozens of signs warning people about sun, heat and running out of water. The county containing Big Bend is three times the size of Delaware, but has fewer than 10,000 people.

Should the story have been about the dangers of strenuous exercise in high temperatures? Or how the highs in Houston were higher 40 years ago?

Either approach would have been valid. Maybe even more valid than making the leap to climate change from one high pressure ridge. But…

I doubt the editors would have enthused over “Comparison of Recent Heat Waves Shows Houston Temps Falling.”

Bob Rehak

It doesn’t really fit the narrative.

I Wish…

When it comes to weather, the causes and trends aren’t always clear. For instance, is the current heat wave in Houston caused by emissions from internal combustion engines? Or is it caused by warm Gulf waters related to predictable El Niño-related changes in global wind patterns? If it’s the latter, is it fair to link it to the former?

Without taking a position on climate change one way or the other, I wish that climate reporting:

  • Put claims in historical context
  • Refrained from hysterical leaps into the distant future
  • Stopped making global generalizations from anecdotal evidence
  • Supported claims with more data
  • Scared people less and informed them more.

Ignoring the last point often backfires. Especially when you make global generalizations from local observations.

Posted by Bob Rehak on 6/30/2023

2131 Days since Hurricane Harvey