Harris County Flood Control District (HCFCD) flood-mitigation spending has plummeted. Data obtained via a FOIA request shows a precipitous falloff too prolonged and too steep to attribute to hiccups on individual projects.
The historical graphs below show annualized spending projections for 2023 based on first quarter spending (i.e., multiplied by four). HCFCD says that the first quarter of 2023 “has been slower than we want to see. But using Q1 spending as a proxy for the entire year is not a meaningful projection.”
However, spending decreased from $59 million in the first quarter of 2022 to $38 million in first quarter 2023 – a 36% drop. Likewise, looking at key spending components year over year:
Right-of-way (ROW) acquisition fell 87%
Partner spending fell 74%
Construction spending fell 34%.
Those decreases follow other substantial decreases in the preceding two years.
It’s impossible to tell exactly what will happen in the rest of 2023. But given recent trends and acknowledging the uncertainty, it appears likely that we’re headed for the third straight year of declining flood-mitigation activity.
The Falloff in Historical Perspective
If my annualized projection is in the ballpark, spending will fall this year to its lowest level since the passage of the 2018 Flood Bond. Almost five years after the passage of the bond, many projects should be moving into the expensive construction phase. So, total spending should be increasing, not decreasing. But spending is:
Half of what it was during the first full year of the bond in 2019.
About a third of what it was at the peak of bond spending in 2020.
Roughly equal to spending during 2017, the year before the bond vote.
Includes all stages of all HCFCD projects.
As a result of the drop in flood-mitigation spending, families in large parts of the county will remain exposed to high flood risks longer than necessary.
So why the drop? Let’s start by looking at the major buckets of money.
Right of Way Acquisition and Construction Account for 79% of All Spending
Historically, ROW comprises 34% of all project spending since 2000, while construction comprises 45%. All other phases combined contribute only 21% to total costs.
Total spending between 1/1/2000 and 3/31/2023 by project lifecycle stage.
Right-of-Way Acquisition
The drop in total spending appears tied to a drop in right-of-way acquisition, including buyouts.
Before HCFCD can widen channels and build detention basins, it must own the property. So it’s a leading indicator.
But right-of-way (ROW) acquisition spending has fallen from a recent peak of $172 million in 2020 to an annualized rate of about $5 million this year. That’s a 34X decrease.
After reviewing the graph above, HCFCD responded that it purchased many properties for future projects upfront in the bond program. While true, it’s also true that many projects still require right-of-way acquisitions.
A District spokesperson also pointed to the time since Harvey. “It has been several years since our region’s last major flood event, and owner participation in the buyout program has declined. In our experience, owners are most motivated to sell their flood-prone property soon after a flood event.”
Certainly, buyout difficulty increases after people repair their homes.
But the county faces organizational challenges as well that go beyond HCFCD.
Harris County reportedly severed its relationship with a private firm that managed flood buyouts for decades and has not hired a replacement.
The Harris County Real Property Division, a part of the Engineering Department, now handles buyouts, but appears to be broken, like many other Harris County Departments. (See Brain Drain in Harris County Government.) According to people familiar with the turnover, the county has reportedly replaced seasoned professionals with political hires.
Commissioner Adrian Garcia reportedly hates buyouts and Garcia controls the Engineering Department.
Drop in Grants, Partner Spending
Another factor has been a decrease in grants and partner spending. It dropped 74% from $20.6 million in Q1 2022 to $5.4 million in Q1 2023.
Decreases seem to be persistent. The graph below shows partner spending by month since the start of the flood bond through the end of last year.
Data supplied by HCFCD in response to separate FOIA request.
In at least one high-profile case, $750 million in partner funding was delayed two years when Harris County Commissioners Court had the Community Services Department – NOT HCFCD – prepare a plan for spending U.S. Department of Housing and Urban Development (HUD) Harvey flood-mitigation funds.
Harris County first learned that the Texas General Land Office (GLO), which manages HUD money in Texas, was recommending the $750 million allocation in May 2021. But Community Services won’t hold a conference soliciting projects until May 2023. And the GLO doesn’t expect a project list for approval from Community Services until June 2023 at the earliest.
HCFCD already had a list of projects ready that met HUD criteria in May 2021. HCFCD could have used all of that $750 million and then some. But with the political interference, HCFCD will now get less than half that amount for flood mitigation – $326.25 million.
HCFCD hopes to turn the decline in partner spending around. Their spokesperson said, “Looking ahead, we have worked with our federal, state and local partners to secure additional project funding opportunities, including opportunities through CDBG-MIT, CDBG-DR, FEMA, EPA, and others. This increase in funding will help to spur spending as well, especially given the timelines associated with several of the funding opportunities and partnerships.”
I pray they’re successful with that. But even if HCFCD can ramp up partner spending, sources cite several other problems.
HCFCD claims that no projects have been cancelled or paused because of prioritization changes. That’s true. Once started, HCFCD works projects to completion. But the revisions do contribute to delays in starting projects.
It’s impossible to calculate exactly how much the revisions have slowed the total spending rate. However, former HCFCD employees have complained about wasted time and effort. “Why prioritize projects once when you can do it three or four times!”
Another former employee gave a more specific example, “The changes cause confusion and additional work as projects must be re-scored each time. A project may be just about ready to go to Commissioners Court for approval, then the criteria change so it might get pulled until it’s rescored. Then, Commissioners may ask additional questions about where that project now ranks among others. And those conversations take time. So it may take several court meetings which could take a month or more before an item can go back to Court for approval.”
No one seems very excited about such issues now. But I suspect they’ll demand answers after the next flood.
What Else Accounts for the Decrease?
In fairness, an HCFCD spokesperson pointed out that after Hurricane Harvey, emergency repairs accounted for a large portion of spending. Those exaggerated the peaks in the bar graphs above and made the drop-offs look steeper than they otherwise might. However, HCFCD did not quantify how much it spent on emergency repairs.
Posted by Bob Rehak on April 20, 2023
2060 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.
Footnote: an attentive reader might notice some variation between previously reported spending and the numbers reported here. HCFCD has transferred subdivision drainage improvement expenses to Harris County Engineering. The transfers involve both current and historical spending, so year over year totals are still comparable for other categories.
NOAA, the National Weather Service and the Hurricane Hunters will sponsor a public tour of Hurricane Hunter aircraft at Ellington Field on Monday, May 1, 2023. It’s all part of a Hurricane Awareness Tour open to the public.
Hurricane Hunter
What You Can Do:
Tour the NOAA-P3 and the USAF C130 Hurricane Hunter aircraft. Mingle with the pilots and air crews. Meet experts from the National Weather Service and National Hurricane Center, including the newly appointed NHC Director Michael Brennan.
There will be numerous static displays including other aircraft and disaster response vehicles. The US Coast Guard will display a helicopter and flood boat.
Representatives from various agencies will pass out hurricane preparedness materials.
Speak with hurricane forecasters
Meet with local National Weather Service meteorologists
Walk through exhibits from various agencies & organizations
Learn about weather safety & preparedness
List of Booths:
Nws Houston/Galveston
Harris County Office Of Homeland Security And Emergency Management
Harris County Flood Control District
City Of Houston Office Of Emergency Management
United States Army Corps Of Engineers
USAA – United Services Automobile Association
Flash – Federal Alliance For Safe Homes
American Red Cross
Where:
Ellington Airport, near Hangar G
11210 Blume Ave
Houston, TX 77034
See this PDF for directions.
When:
Public viewing period from 12:30 pm to 4 pm.
Gates close to entry at 3 pm.
Plan on about an hour to view the aircraft and displays.
Free And Open to All:
There is no charge to tour the Hurricane Hunters. This event is free and open to all as part of National Hurricane Preparedness Week, April 30-May 6.
And remember, hurricane season is just weeks away.
Posted by Bob Rehak on 4/18/2023
2058 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/04/20230418-Screenshot-2023-04-18-at-7.28.39-PM.jpg?fit=1200%2C675&ssl=16751200adminadmin2023-04-18 19:36:062023-04-18 19:36:08Mark Your Calendar: Tour Hurricane Hunter Aircraft on May 1
Harris County has filed a lawsuit against Texas Attorney General Ken Paxton seeking to keep 2022 election records secret, saying they “will harm” the county in litigation and must remain “confidential” by law, even though the law cited never mentions the word “confidential.”
The County’s most recent amended petition (dated 4/12/23) by Harris County Attorney Christian D. Menefee seeks a declaratory judgment from the 201st Judicial District Court in Travis County.
Experienced delays, jammed voting machines, and long lines
Ran out of ballot paper
Turned voters away
And, if so, whether problems were intentional
Harris County stonewalled their Texas Public Information Act request. They appealed to State Attorney General Ken Paxton. Paxton ruled in favor of Dolcefino and McIngvale. Harris County is appealing Paxton’s ruling.
Admission of Guilt?
As I read Harris County’s latest legal filing in this dispute, Paragraph 22 jumped out at me. It states, “Harris County further asserts there is a compelling reason to withhold the [requested] information from disclosure under Texas Gov’t Code 552.103, the litigation exception, as producing recordswill harm the County’s position in ongoing and anticipated litigation.” [Emphasis added.]
In my opinion that last statement sounds like an admission of guilt. They didn’t say, “could harm.” They said “will harm.”
If we assume the County Attorney is competent and knows what he’s talking about, that’s a pretty damning and alarming statement.
“Get Out of Jail Free” Card?
Further, again in my opinion, the reference to “anticipated litigation” seems like a “get-out-of-jail-free card.”Without more specifics, any official could claim “anticipated litigation” any time s/he didn’t want to produce embarrassing records.
So, I looked up the litigation exception. Harris County’s petition seems to fall short of the requirements re: “anticipated.”
Section 552.103(c) states that the litigation exception may be invoked “only if the litigation is pending or reasonably anticipated”on the date information is requested. [Emphasis added.] For instance, has a law firm sent a registered letter informing the defendant of an intent to file a lawsuit? Harris County’s latest petition does not reveal any such anticipated lawsuits, if there are any.
Mocking Legislators’ Intent?
Menefee’s petition cites Chapter 552 of the Texas Government Code TWENTY times as a reason to keep election records secret.
Yet Chapter 552, Subchapter A begins with the following warning to public officials. “The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”
Harris County’s position seems to mock legislators’ intent.
Bogus “Confidential” Claim
This case isn’t about national security. It’s about whether an election was conducted fairly. That’s why in my opinion, the refusal to produce these records is tantamount to a coverup.
Despite the fact that Dolcefino and McIngvale aren’t demanding a recount or the actual ballots stored in locked boxes, Harris County would have you believe they are.
The County’s fourth amended petition claims “cast vote records” are considered to be “confidential” and must be stored in a “secure container for 22 months” under the Texas Election Code 66.058. See Paragraph 9 of Petition. However…
In searching Chapter 66 of the Election Code, I found ZERO mentions of the word “confidential.”
The goal of the section that Menefee cited seems to be preserving paper ballots to settle disputes, i.e., preventing them from being destroyed prematurely. Chapter 66 even spells out procedures for opening storage containers, which the County Attorney claims is “a criminal offense” (See Paragraph 10 of his amended petition).
Menefee neglects to mention that it’s only illegal if it’s unauthorized and procedures are not followed. See Texas Election Code 66.058(c).
Also regarding confidentiality of voting records, Chapter 66.0021 states, “Each vote total shall be maintained in a downloadable format approved by the Secretary of State and posted on the Internet…” So much for confidentiality!
Your tax dollars are paying for this nonsense and to keep election information secret. Election information that the County Attorney admits is damning!
If Hidalgo or Menefee wish to explain their position for ReduceFlooding readers, I invite them to do so.
Posted by Bob Rehak on 4/16/23
2056 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/2023/04/Screenshot-2023-04-16-at-6.02.57-PM-e1681686283291.png?fit=1100%2C557&ssl=15571100adminadmin2023-04-16 18:31:072023-04-19 20:55:05County Attorney Claims Producing Election Records “Will Harm” Harris County in Litigation
HCFCD Flood-Mitigation Spending Plummets
Harris County Flood Control District (HCFCD) flood-mitigation spending has plummeted. Data obtained via a FOIA request shows a precipitous falloff too prolonged and too steep to attribute to hiccups on individual projects.
The historical graphs below show annualized spending projections for 2023 based on first quarter spending (i.e., multiplied by four). HCFCD says that the first quarter of 2023 “has been slower than we want to see. But using Q1 spending as a proxy for the entire year is not a meaningful projection.”
However, spending decreased from $59 million in the first quarter of 2022 to $38 million in first quarter 2023 – a 36% drop. Likewise, looking at key spending components year over year:
Those decreases follow other substantial decreases in the preceding two years.
It’s impossible to tell exactly what will happen in the rest of 2023. But given recent trends and acknowledging the uncertainty, it appears likely that we’re headed for the third straight year of declining flood-mitigation activity.
The Falloff in Historical Perspective
If my annualized projection is in the ballpark, spending will fall this year to its lowest level since the passage of the 2018 Flood Bond. Almost five years after the passage of the bond, many projects should be moving into the expensive construction phase. So, total spending should be increasing, not decreasing. But spending is:
So why the drop? Let’s start by looking at the major buckets of money.
Right of Way Acquisition and Construction Account for 79% of All Spending
Historically, ROW comprises 34% of all project spending since 2000, while construction comprises 45%. All other phases combined contribute only 21% to total costs.
Right-of-Way Acquisition
The drop in total spending appears tied to a drop in right-of-way acquisition, including buyouts.
Before HCFCD can widen channels and build detention basins, it must own the property. So it’s a leading indicator.
But right-of-way (ROW) acquisition spending has fallen from a recent peak of $172 million in 2020 to an annualized rate of about $5 million this year. That’s a 34X decrease.
After reviewing the graph above, HCFCD responded that it purchased many properties for future projects upfront in the bond program. While true, it’s also true that many projects still require right-of-way acquisitions.
A District spokesperson also pointed to the time since Harvey. “It has been several years since our region’s last major flood event, and owner participation in the buyout program has declined. In our experience, owners are most motivated to sell their flood-prone property soon after a flood event.”
Certainly, buyout difficulty increases after people repair their homes.
But the county faces organizational challenges as well that go beyond HCFCD.
Drop in Grants, Partner Spending
Another factor has been a decrease in grants and partner spending. It dropped 74% from $20.6 million in Q1 2022 to $5.4 million in Q1 2023.
Decreases seem to be persistent. The graph below shows partner spending by month since the start of the flood bond through the end of last year.
In at least one high-profile case, $750 million in partner funding was delayed two years when Harris County Commissioners Court had the Community Services Department – NOT HCFCD – prepare a plan for spending U.S. Department of Housing and Urban Development (HUD) Harvey flood-mitigation funds.
Harris County first learned that the Texas General Land Office (GLO), which manages HUD money in Texas, was recommending the $750 million allocation in May 2021. But Community Services won’t hold a conference soliciting projects until May 2023. And the GLO doesn’t expect a project list for approval from Community Services until June 2023 at the earliest.
HCFCD already had a list of projects ready that met HUD criteria in May 2021. HCFCD could have used all of that $750 million and then some. But with the political interference, HCFCD will now get less than half that amount for flood mitigation – $326.25 million.
HCFCD hopes to turn the decline in partner spending around. Their spokesperson said, “Looking ahead, we have worked with our federal, state and local partners to secure additional project funding opportunities, including opportunities through CDBG-MIT, CDBG-DR, FEMA, EPA, and others. This increase in funding will help to spur spending as well, especially given the timelines associated with several of the funding opportunities and partnerships.”
I pray they’re successful with that. But even if HCFCD can ramp up partner spending, sources cite several other problems.
Constant Changes in Direction
Before 2019, flood damage largely drove which watersheds received funding. But in 2019, Harris County Commissioners, led by Precinct One Commissioner Rodney Ellis, passed an Equity Prioritization Plan. That plan has been revised constantly since then.
HCFCD claims that no projects have been cancelled or paused because of prioritization changes. That’s true. Once started, HCFCD works projects to completion. But the revisions do contribute to delays in starting projects.
It’s impossible to calculate exactly how much the revisions have slowed the total spending rate. However, former HCFCD employees have complained about wasted time and effort. “Why prioritize projects once when you can do it three or four times!”
Another former employee gave a more specific example, “The changes cause confusion and additional work as projects must be re-scored each time. A project may be just about ready to go to Commissioners Court for approval, then the criteria change so it might get pulled until it’s rescored. Then, Commissioners may ask additional questions about where that project now ranks among others. And those conversations take time. So it may take several court meetings which could take a month or more before an item can go back to Court for approval.”
No one seems very excited about such issues now. But I suspect they’ll demand answers after the next flood.
What Else Accounts for the Decrease?
In fairness, an HCFCD spokesperson pointed out that after Hurricane Harvey, emergency repairs accounted for a large portion of spending. Those exaggerated the peaks in the bar graphs above and made the drop-offs look steeper than they otherwise might. However, HCFCD did not quantify how much it spent on emergency repairs.
Posted by Bob Rehak on April 20, 2023
2060 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.
Footnote: an attentive reader might notice some variation between previously reported spending and the numbers reported here. HCFCD has transferred subdivision drainage improvement expenses to Harris County Engineering. The transfers involve both current and historical spending, so year over year totals are still comparable for other categories.
Mark Your Calendar: Tour Hurricane Hunter Aircraft on May 1
NOAA, the National Weather Service and the Hurricane Hunters will sponsor a public tour of Hurricane Hunter aircraft at Ellington Field on Monday, May 1, 2023. It’s all part of a Hurricane Awareness Tour open to the public.
What You Can Do:
Tour the NOAA-P3 and the USAF C130 Hurricane Hunter aircraft. Mingle with the pilots and air crews. Meet experts from the National Weather Service and National Hurricane Center, including the newly appointed NHC Director Michael Brennan.
There will be numerous static displays including other aircraft and disaster response vehicles. The US Coast Guard will display a helicopter and flood boat.
Representatives from various agencies will pass out hurricane preparedness materials.
List of Booths:
Where:
Ellington Airport, near Hangar G
11210 Blume Ave
Houston, TX 77034
See this PDF for directions.
When:
Public viewing period from 12:30 pm to 4 pm.
Gates close to entry at 3 pm.
Plan on about an hour to view the aircraft and displays.
Free And Open to All:
There is no charge to tour the Hurricane Hunters. This event is free and open to all as part of National Hurricane Preparedness Week, April 30-May 6.
For more details and directions, click here.
And remember, hurricane season is just weeks away.
Posted by Bob Rehak on 4/18/2023
2058 Days since Hurricane Harvey
County Attorney Claims Producing Election Records “Will Harm” Harris County in Litigation
Harris County has filed a lawsuit against Texas Attorney General Ken Paxton seeking to keep 2022 election records secret, saying they “will harm” the county in litigation and must remain “confidential” by law, even though the law cited never mentions the word “confidential.”
The County’s most recent amended petition (dated 4/12/23) by Harris County Attorney Christian D. Menefee seeks a declaratory judgment from the 201st Judicial District Court in Travis County.
History of Dispute
What is the fight about? It started when investigative reporter Wayne Dolcefino and Jim McIngvale, Gallery Furniture owner, requested a list of records related to the November 2022 elections, including:
Dolcefino and McIngvale hoped to determine whether more Republican-leaning precincts than Democratic-leaning precincts:
Harris County stonewalled their Texas Public Information Act request. They appealed to State Attorney General Ken Paxton. Paxton ruled in favor of Dolcefino and McIngvale. Harris County is appealing Paxton’s ruling.
Admission of Guilt?
As I read Harris County’s latest legal filing in this dispute, Paragraph 22 jumped out at me. It states, “Harris County further asserts there is a compelling reason to withhold the [requested] information from disclosure under Texas Gov’t Code 552.103, the litigation exception, as producing records will harm the County’s position in ongoing and anticipated litigation.” [Emphasis added.]
In my opinion that last statement sounds like an admission of guilt. They didn’t say, “could harm.” They said “will harm.”
If we assume the County Attorney is competent and knows what he’s talking about, that’s a pretty damning and alarming statement.
“Get Out of Jail Free” Card?
Further, again in my opinion, the reference to “anticipated litigation” seems like a “get-out-of-jail-free card.” Without more specifics, any official could claim “anticipated litigation” any time s/he didn’t want to produce embarrassing records.
So, I looked up the litigation exception. Harris County’s petition seems to fall short of the requirements re: “anticipated.”
Section 552.103(c) states that the litigation exception may be invoked “only if the litigation is pending or reasonably anticipated” on the date information is requested. [Emphasis added.] For instance, has a law firm sent a registered letter informing the defendant of an intent to file a lawsuit? Harris County’s latest petition does not reveal any such anticipated lawsuits, if there are any.
Mocking Legislators’ Intent?
Menefee’s petition cites Chapter 552 of the Texas Government Code TWENTY times as a reason to keep election records secret.
Yet Chapter 552, Subchapter A begins with the following warning to public officials. “The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”
Harris County’s position seems to mock legislators’ intent.
Bogus “Confidential” Claim
This case isn’t about national security. It’s about whether an election was conducted fairly. That’s why in my opinion, the refusal to produce these records is tantamount to a coverup.
Despite the fact that Dolcefino and McIngvale aren’t demanding a recount or the actual ballots stored in locked boxes, Harris County would have you believe they are.
The County’s fourth amended petition claims “cast vote records” are considered to be “confidential” and must be stored in a “secure container for 22 months” under the Texas Election Code 66.058. See Paragraph 9 of Petition. However…
The goal of the section that Menefee cited seems to be preserving paper ballots to settle disputes, i.e., preventing them from being destroyed prematurely. Chapter 66 even spells out procedures for opening storage containers, which the County Attorney claims is “a criminal offense” (See Paragraph 10 of his amended petition).
Menefee neglects to mention that it’s only illegal if it’s unauthorized and procedures are not followed. See Texas Election Code 66.058(c).
Also regarding confidentiality of voting records, Chapter 66.0021 states, “Each vote total shall be maintained in a downloadable format approved by the Secretary of State and posted on the Internet…” So much for confidentiality!
Your tax dollars are paying for this nonsense and to keep election information secret. Election information that the County Attorney admits is damning!
So far, all Dolcefino and McIngvale have gotten is ad hominem attacks from the County Judge Lina Hidalgo.
If Hidalgo or Menefee wish to explain their position for ReduceFlooding readers, I invite them to do so.
Posted by Bob Rehak on 4/16/23
2056 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.