Insurance Companies Limit Exposure In Florida, California. Will Texas Be Next?

An article in the New York Times on July 14 listed insurance companies limiting coverage or pulling out of disaster prone states.

  • Farmers said it will limit coverage in Florida
  • Eight smaller insurers have gone bankrupt in Florida in the last two years.
  • State Farm and Allstate have stopped selling policies in California, and Farmers has limited them there.

Separately, a Washington Post investigation found that some Florida policyholders had their claims cut by more than 80 percent after Hurricane Ian last year. The headline screams, “Insurers slashed Hurricane Ian payouts far below damage estimates…”

Risks Vs. Rewards of Living Near Water

I’ve written before about how the love of living near water can outweigh the fear of consequences that sometimes accompanies it.

If you google “benefits of living near water,” you will quickly find 1.9 billion results. Many of them are from residential developers near rivers, lakes, streams and seashores. They make health and emotional claims such as:

  • Lowers stress and anxiety
  • Increases in well-being and happiness
  • Lowers heart and breathing rates
  • Healthier lifestyle.

Now google “disadvantages of living near water.” You get half that number of results. They tend to cluster around:

  • Flood damage
  • Pollution
  • Erosion
  • Increased maintenance and insurance costs

For Most People, Rewards Generally Outweigh Risks

It’s not that people don’t recognize the disadvantages of living near water. It’s just that most enjoy the benefits more. AND they figure that insurance companies will make them whole should disaster strike.

But now, at least in some states, insurance companies seem to be caught in a squeeze between shareholders and regulators. And they’re making some tough calls that will force policy holders to re-evaluate whether the rewards of living near water are worth the risks.

As I scrolled through my library of almost 50,000 flood-related images last week, I wondered how long it might be before Texans experienced the same insurance problems now facing Florida and California residents.

Our love of water, buoyed by the courageous, optimistic spirit of Texans, leads many to take risks that I personally would not take.

Bolivar Peninsula Denser than Before Ike

In that regard, I remember the Bolivar Peninsula after Hurricane Ike. Ike’s storm surge brought total destruction to 30,000 homes in 2008. See the images below these first three satellite images. The satellite images show the same area before, immediately after, and 15 years later on the Bolivar.

Google Earth image showing residential area on Bolivar Peninsula the week before Ike struck in September 2008. Note large, open undeveloped areas.
Same area day after Ike. Total destruction. See ground-level shots below.
Bolivar Peninsula today

The Bolivar today has denser development than it did before Ike. Such is our collective love of water…that we quickly forget or overlook the destruction that happened just 15 years ago. Here’s what it looked like on the ground.

Destruction on Bolivar Peninsula After Hurricane Ike

This was an excellent opportunity to buy people out and turn this area into a national seashore. But that was politically unpalatable.
Power not only went down. The entire power infrastructure was taken out.
One of the few homes left standing.

We’ve spent the 15 years since Ike studying proposals to build an Ike Dike that could protect such properties. But in June 2023, the Houston Chronicle reported that it could be 2040 before construction completion of the $34 billion project.

Until then, it’s “swim at your own risk.”

Posted by Bob Rehak on 7/18/2023

2149 Days since Hurricane Harvey

GLO Suggests Plan to Streamline Flood Mitigation in Harris County

Citing the urgent need to spend half of a billion flood-mitigation dollars quickly, the Texas General Land Office (GLO) has made a common-sense suggestion to streamline flood mitigation in Harris County. It recommended making Harris County Flood Control District a “direct recipient” (rather than a “sub-recipient”) of the half billion dollars carved out of $750 million awarded to the County in 2021.

Harris County Commissioners put Community Services, not Flood Control, in charge of managing the $750 million award. But Flood Control is spending two thirds of the money.

The GLO suggestion would streamline working relationships, speed up mitigation, and give Harris County a fighting chance to spend the money before the deadline.

Following the Money

In May 2021, the GLO recommended allocating $750 million of U.S. Department of Housing and Urban Development (HUD) money to Harris County for Harvey mitigation and recovery. In March 2022, HUD approved the recommendation.

Later that year, Harris County Commissioners Court decided to have its Community Services Department (CSD) administer the funds rather than Harris County Flood Control District (HCFCD).

Since then, CSD recommended giving two-thirds of the money to HCFCD and distributing the rest to various entities within the county. But so far, CSD has only received one application from a potential partner. And six years after Harvey, none of the money has yet been spent moving dirt to reduce flood risk for Harris County residents.

Meanwhile, the county is under HUD deadlines to use the money quickly or lose it.

So, on June 20, 2023, Mark Havens, Deputy Commissioner of the GLO, asked County Judge Lina Hidalgo to make HCFCD a direct recipient. Hidalgo reportedly did not reply to the letter.

The change would shorten lines of communication and reduce layers of administration while speeding up mitigation, protecting residents, and hopefully beating the imminent HUD “use it or lose it” deadlines.

Going into the third year since the announcement of the $750 million flood-mitigation award, none of the money has yet been spent.

Commissioners Court Will Discuss Issue on Tuesday

After more than six months of deliberation, CSD eventually allocated $502.5 million to HCFCD from the $750 million. CSD was then going to allocate most of the rest to unspecified sub-recipients within the county after soliciting applications from potential partners.

However, on next Tuesday’s Commissioner Court agenda, Item 401 reveals…

CSD has found only one entity interested in applying for any of the remaining money in more than six months.

Backup to Harris County Commissioners Court Agenda Item 401

The July 18 Commissioners Court agenda also contains a motion by Precinct 2 Commissioner Adrian Garcia to approve the GLO proposal. See Item 331.

The County is under two “use it or lose it” deadlines for the funds. And GLO is under pressure from HUD.

How NOT to Advertise for Applications

As of this morning, 7/16/23, CSD’s web page that solicits applications has not been updated for two months. It still talks about a May 4th meeting in the future tense.

Screen Capture from solicitation announcement page on 7/16/23.

It also contains some hysterical typos in the first line above. “Applicant’s Conference” singular? “Question” singular? They expected to have only one attendee and one question!?

Worse, it takes a lot of work to find the application web page. CSD’s home page has no direct link. The architecture of CSD’s site revolves around consumer issues such as rent relief and bus ridership, not applicants for mitigation projects.

To get to the $250 million pot of gold at the end of this rainbow from the CSD Home Page, one must click on:

  • Links
  • Harris Recovery (a separate web site)
  • CDBG-MIT

Not very intuitive! CSD blames the lack of response on a $20 million funding limit. That may be so. But the first rule of sales is, “Make it easy for the customer.” And that certainly didn’t happen here.

Projects Put on Hold While $250 Million Sits on Table

Management turnover has also plagued CSD. Under Lina Hidalgo, the department has had six different directors in 4.5 years.

To make matters worse, under Hidalgo, HCFCD has had four leaders in the last TWO years.

Meanwhile HCFCD is still looking for money to complete projects in low-to-moderate income neighborhoods. Moreover, Harris County Engineering is putting subdivision drainage projects on hold for lack of funding. And all this is happening while a quarter of a billion dollars is still sitting on the table.

I hope Judge Hidalgo, Commissioner Garcia and Commissioner Ellis can connect those dots and streamline flood mitigation quickly.

Posted by Bob Rehak on 7/16/23

2147 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.

How Floods Can Leave a Lasting Legacy of Loss

Long after floods recede, the residue of toxic chemicals carried by the water can leave a lasting legacy of loss. It can remain in homes and yards, affecting the health of both homeowners and neighborhoods. During Hurricane Harvey, for instance, sewage contaminated the cleanups of both Kingwood College and Kingwood High School. Decontamination, cleanup and repairs took years in each case. But individual residents often don’t have the money to afford expensive decontamination.

Flooding Near Rail Yards and Creosote

One of the most heartbreaking cases in the City of Houston/Harris County has to do with a controversial, decades-long creosote/dioxin cleanup effort associated with the Union Pacific Railroad yard in the Fifth Ward. The Texas Department of Health Services has identified several cancer clusters in the area. And the types of cancers found near the former “Wood Preserving Works” at 4910 Liberty Road in Houston have been associated with the types of chemicals used on the site for decades.

Wood Treatment Facility was located at far end of this yard.
FEMA flood map shows how tracks constrict the flow of floodwaters in Hunting Bayou. Water flows from upper left to lower right. Tan = 500 year floodplain. Aqua = 100 year.

Residents interviewed for this article discussed several pathways for possible contamination: airborne dust, groundwater, floodwater/runoff, and clothing of workers. Site runoff mixed with floodwater appears to be one of the most likely.

The map above and the photos below clearly show that the site is elevated compared to surrounding neighborhoods. And residents tell stories of multi-colored sheens on runoff channeled through their streets.

Dueling Studies

UP inherited the site in 1997 after a merger with Southern Pacific. Southern Pacific treated railroad ties with creosote at the site between 1899 and 1984. The creosote is a preservative that keeps ties from rotting and causing derailments.

Union Pacific says it has has found no relationship between the site and cancer clusters in surrounding neighborhoods after 30 years of study.

However, in 2020, the Texas Department of State Health Services published a study covering the years from 2000 to 2016. The study compared cancer rates in the area near the rail yards with those throughout Houston and Texas as the baseline. Researchers identified several cancer clusters in the Fifth Ward neighborhoods you see above.

But UP questions the validity of that study. The company claims that “The area also includes an industrial complex containing about 200 TCEQ-regulated cleanup sites and two superfund projects. The former Houston Wood Preserving Works site represents 33 acres, or less than .4 percent of the total cancer-cluster territory.”

In February 2023, the EPA demanded yet another study as the two sides locked in a stalemate.

Mayor Says “We Know Enough”

Then yesterday, Houston Mayor Sylvester Turner held a press conference. He escalated the conflict. Turner, who has just five months left in office, says he supported the additional study but, “we have studied the problem enough. The time for action is now. Time is the enemy.”

Turner urged relocating people in the most contaminated areas closest to the site. He emphasized finding safer places in the same general area to reduce the impact of relocation.

“Let me emphasize this,” said Turner. “Time is the enemy of people living in the highly exposed and dangerous zone with limited means to do anything else. How many more people must be diagnosed with cancer? How many more people – and specifically, how many more children – must die? How many more families must be trapped in a known danger zone while we watch, test and litigate? The city cannot and will not continue to wait until we know every single thing.

The Mayor continued, “We know enough. The cancer cluster is clear. The presence of creosote beneath homes at levels above cleanup standards is clear. The presence of elevated levels of cancer-causing dioxin detected at some homes through the city’s limited studies is clear. You simply can’t wait for the test to be completed, and watch and litigate it, and then start the process further down the road.” 

Mayor Recommends Relocating Residents within 2-3 Block Radius of Site

“Today, I’m announcing a strike-force team composed of representatives of the city’s Health and Human Services, Housing and Community Development, Real-Estate Recovery, and legal teams, along with outside sources. They will begin work in earnest on a program to help relocate residents living above the creosote plume and in a 2 to 3 block radius around the site.”

If the results of the EPA’s Union-Pacific investigation reveal broader areas of impact, Turner says the program will be expanded to help those people, too.

Turner concluded with a personal anecdote that related to his own experience with cancer. He said that with cancer, “Time is your enemy.” That’s why he wanted to get people out of harm’s way who can’t fend for themselves.

Lasting Legacy of Loss – Case After Case of Cancer, Boarded Up Homes

When I flew over the UP site last year, I was astounded by its size. Ken Williams, chairman of the Harris County Community Resilience Flood Task Force who lives nearby, introduced me to some people in the neighborhood, including Keith Downey, the local Super-Neighborhood Council President.

They gave me a tour. It was one of my more gut-wrenching experiences since Harvey.

I also met a young lady, Sandra Edwards, who grew up across the street from the UP site. She walked us up and down the block, stopping in front of each house, to tell us the stories of the occupants. Within a half block, we counted about a dozen neighbors who had died or were dying from cancer.

Sandra Edwards, concerned neighbor turned activist
Every other home it seemed was abandoned.
One that wasn’t abandoned had children’s play equipment in the front. But the EPA warns not to let kids play in the dirt because of soil contamination.
Many of the homes had reportedly been victimized by arson. Edwards talked of a developer trying to buy up properties to redevelop the neighborhood whose future is still in doubt.
Edwards in front of former creosote site. Note slope. Water runs into neighborhood according to Edwards.
Looking NNE across creosote site. Note Fleming Middle School five blocks north, left of center near top of frame.

I returned to the neighborhood several times between July and December to photograph the progress of cleanup.

Toxic waste cleanup on creosote site
In November, cleanup was still going strong.
Note the covered dumpsters to keep excavated dirt from blowing out. Also note plastic liners under dumpsters to keep polluted rainwater from soaking back into soil.

Many of the people living here inherited homes that their parents or grandparents owned before there was an EPA and people knew about the dangers of substances such as creosote and dioxins.

This lasting legacy of loss has been developing for decades. It could be decades more before the parties find a mutually agreeable solution.

Check back for more news as it develops. For more information see this list of studies conducted by the Houston Health Department.

Posted by Bob Rehak on 7/14/23

2145 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.