New legislation has been introduced in the 87th Texas Legislature that could affect the future of Lake Houston Area flood control. Here is a list that shows the current status of key bills. It includes a high-level summary, plus links to the text of the bills, and their authors. If you wish to testify on a bill, contact the author or the committee hearing it. Below is a brief summary of the most important (in my opinion) bills.
HB 2525: Perpetual Dredging for Lake Houston Area
Dan Huberty’s bill would create a dredging and maintenance district for the Lake Houston Area. It would dredge perpetually to reduce flood risk and help maintain the capacity of Lake Houston. The Natural Resources Committee will hold a public hearing on 4/13/2021.
HB 4478: Sand Mine Reclamation
Dan Huberty’s bill requires restoration plans for sand mining operations in the San Jacinto watershed. It lays out the requirements for such plans and also requires filing a performance bond to cover the cost of reclamation when mining is complete. If the mine abandons the property without restoring it, the bond would be enough to cover the cost of the work. It’s currently in the Natural Resources Committee. A hearing has not yet been scheduled.
HB 767: Best Practices for Sand Mines
HB 767, another Huberty bill, would require the Texas Commission on Environmental Quality to develop and publish best management practices for sand mining consistent with all applicable environmental laws and regulations. The bill has been referred to Environmental Regulation, but a hearing is not yet scheduled.
HB 4341: Transfer of Regulatory Responsibility for Sand Mines
Kyle Biedermann introduced a bill to transfer regulatory responsibility for sand mines from the TCEQ to the Railroad Commission of Texas. The Environmental Affairs Committee has not yet scheduled a hearing.
HB 2422: Regulation of Sand Mine Locations
HB 2422 by Erin Zwiener would allow county commissioners with populations greater than 500,000 to regulate the location of sand mines in certain circumstances based on proximity to residences, schools, places of worship, hospitals, and land platted for residential development.
HB 1912: Air and Water Quality Permit Requirements for Concrete Plants
Terry Wilson’s HB 1912 would raise the bar for Concrete Plants attempting to get air and water quality permits. It would require them to establish monitoring equipment. It would also affect blasting, lighting, noise generation from trucks, and restoration among other things. It’s in Environmental Regulations, but no hearing has yet been scheduled.
HB 3116: Nominations for SJRA Board
Will Metcalf’s HB 3116 would allow Montgomery County commissioners to nominate board members for the SJRA which the Governor could then accept or reject. It also sets the term for directors at 6 years and changes the number of board members from 7 to 6, contrary to the state constitution. It’s in the Natural Resources committee but has not yet been scheduled for a hearing.
CSHB 4575: Election of SJRA Board
Another Metcalf bill, HB 4575 would allo election of SJRA officers. Sounds democratic, until you realize that only those within the District would vote and Harris County is defined elsewhere as outside the district. We have all seen, as with the Lone Star Groundwater Conservation District, how private entities can easily take over a board in low interest, low turnout elections and then act in a way contrary to public interest (as in voting to virtually double groundwater pumping and ignore subsidence).
CSHB 3801: Handling of Unreasonable Desired Future Conditions for Groundwater
CSHB 3801 is a committee substitute bill. It defines how the Texas Water Development Board must handle petitions protesting “unreasonable” desired future conditions (DFCs) in groundwater management plans. The language in this bill is opaque. Even the analysis is.
SB 314: Notification of Flood History to Renters
SB 314 by Joan Huffman mandates that people renting properties would receive the same notification as people buying properties. The bill affects properties in the floodway, 100-year floodplain, 500-year floodplain, and any property that has flooded within the previous 5 years. If the tenant is not given proper notice, tenant may recover damages, one month’s rent, and attorney fees. Referred to Business & Commerce committee but no hearings set yet.
HB 531: Disclosure of Flood History and Floodplain Status to Renters
HB 531 by Armando Walle is similar to SB 314, but has already passed the House. It does not include the 500-year floodplain, but does include flooding from streets and ditches. This is the bill to watch. It has considerable traction and six co-authors.
HB 1059: Disclosure of Floodplain Status for Properties under 15 Acres
HB 1059 by Phil Stephenson requires sellers to disclose whether any part of a property smaller than 15-acres is in a flood plain. Bill was reported favorably as substituted but substitute has not yet been posted. SB 461 by Lois Kolkhorst is an identical companion bill in the senate.
HB 1949: Requires State Agencies to Reflect Climate Changes in Strategic Plans
Jasmine Crockett’s HB1949 would require certain state agencies such as TCEQ and TWDB to reflect weather and climate changes in their strategic plans. SB306 is the companion bill in the Senate. The State Affairs committee has not yet set a date for public hearings. Other representatives filed similar or identical bills, too: Michelle Beckley (HB 1956), Eckhardt (SB 306), Thierry (HB 2017), Reynolds (HB 3246), and Fierro (HB 4178).
HB 1681: Prohibiting Construction of Assisted Living Facilities in a 500-year Floodplain
Sam Harless’ HB 1681 prohibits construction of assisted living facilities in a 500-year floodplain. Human Services will hear public testimony on 4/13.
SB 865: Study of Statewide Disaster Alert System
Brandon Creighton’s SB 865 calls for a study on the efficacy of existing mass notification deployments by local governmental entities throughout this state and the feasibility of establishing a statewide disaster alert system. It would also study how to overcome barriers such as power outages in disasters. The Business and Commerce committee approved it unanimously, but the Senate has not yet voted on the bill. HB 655 is the companion bill.
SB 859: Continuing Virtual Meetings for Water Planning Groups
SB 859 by Charles Perry would allow Regional Flood Planning Groups to continue the practice of holding meetings virtually after the Covid crisis passes. The Businesss and Commerce committee approved it unanimously and it is headed for a vote on the uncontested calendar. Volunteers staff regional flood planning groups and the regions can span several counties. This places an undue travel burden on volunteers who already have a heavy workload. HB 2103 is a companion bill.
Posted by Bob Rehak on 4/11/2021
1321 Days after 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/2019/03/capitold_1024.jpg?fit=1024%2C768&ssl=17681024adminadmin2021-04-11 20:29:472021-04-12 12:44:06New Legislation that Could Affect Lake Houston Area Flood Control
Researchers at highly respected Colorado State University (CSU) issued their hurricane season forecast for 2021 last week. Like the University of Miami, AccuWeather and others, they predicted an above-average season based on sea-surface temperatures, the presence of La Niña, and historical analogs. CSU used data and models going back 40 years. Factors considered also include: where sea surface temperatures are warmer/cooler, sea level pressures, vertical wind shear levels (the change in wind direction and speed with height in the atmosphere), accumulated tropical cyclone energy, and more.
CSU Forecast Compared to Others
Here’s how CSU’s hurricane season forecast looks compared to historical averages and other predictions.
Year(s)
Storms
Hurricanes
Major Hurricanes
1981-2010 (Old Average)
12
6
3
1991-2020 (New Average)
14
7
3
2020 Actual
30
13
6
2021 Predicted by AccuWeather
16 to 20
7 to 10
3 to 5
2021 Predicted by Colorado State
17
8
4
Major Hurricanes are Cat 3 or higher with sustained winds of 111 mph or greater.
Striking Recent Parallels
According to CSU, so far, the 2021 hurricane season is exhibiting characteristics similar to 1996, 2001,2008, 2011 and 2017. “All of our analog seasons had above-average Atlantic hurricane activity, with 1996 and 2017 being extremely active seasons,” said Phil Klotzbach, research scientist in the Department of Atmospheric Science and lead author of the CSU report.
In case you’re new to the Houston area and the significance of those bold-faced years escapes you:
2001 was Tropical Storm Allison which dumped 38 inches of rain on Houston, so much that it caused flood maps to be redrawn. The storm meandered over Houston for 4 days due to slow movement and weak steering currents.
2008 was Hurricane Ike which destroyed tens of thousands of homes on the Bolivar Peninsula. It killed 195 people, came ashore as a Cat 4 storm with winds of 148 miles per hour, came straight up Galveston Bay, went right over Kingwood, and knocked down so many trees that the Lake Houston Area lost power for 3 weeks. It did $38 billion in damage and ranks as the sixth costliest storm in US history.
2017 was Hurricane Harvey. HCFCD’s report on the storm says it all. At the peak of Harvey, five times more water went over the Lake Houston Dam than goes over Niagra Falls on average.
Bolivar Peninsula after Hurricane Ike in 2008. Photo Courtesy of NOAA.
In 2019, NASA captured Dorian and this string of tropical cyclones lined up across the Western Hemisphere.
The CSU team predicts that 2021 hurricane season activity will be about 140 percent of the average season. By comparison, 2020 was about 170 percent. The 2020 hurricane season had six landfalling continental US hurricanes, including Category 4 Hurricane Laura which battered southwestern Louisiana.
The report also includes the probability of major hurricanes making landfall:
69% for the entire U.S. coastline (average for the last century is 52%)
45% for the U.S. East Coast including the Florida peninsula (average for the last century is 31%)
44% for the Gulf Coast from the Florida panhandle westward to Brownsville (average for the last century is 30%)
58% for the Caribbean (average for the last century is 42%)
Keep your fingers crossed and make sure you’re prepared. It only takes one storm to make your life miserable if you are not prepared. And remember, Allison happened on June 4th…just three days after the start of hurricane season.
Posted by Bob Rehak on 4/10/2021based on a report by Colorado State University
1320 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/04/2019-Hurricane-Dorian-Etc.png?fit=1129%2C656&ssl=16561129adminadmin2021-04-10 19:38:082021-04-10 19:41:21Colorado State Experts Predict Another Hurricane Season Like 2001, 2008 and 2017
In its initial response to the LCA suit, the City argued what lawyers call a “plea to the jurisdiction.” The City claimed that LCA lawyers relied on outdated case law, that the City enjoyed governmental immunity, and that the plaintiff’s claims should be dismissed for lack of subject matter jurisdiction.
The arguments re: immunity are complicated and technical. Briefly, Texas law gives governmental entities broad immunity. Plaintiffs must challenge the validity of a statute under which a government took action to challenge the government’s action. But, says the City, the seasonal lake lowering policy is not a statute or ordinance; it is simply a policy. Thus, “Plaintiffs’ declaratory judgment action is barred by governmental immunity.”
Even without a law degree, it appears on the surface that the only claim with validity is the enjoyment claim. But balanced against the City’s property rights (in the water), plus the potential flood-reduction and property-protection benefits, it pales.
“IT IS THEREFORE, ORDERED that City of Houston’s Plea to the Jurisdiction is SUSTAINED and that Plaintiffs’ claims are DISMISSED for lack of jurisdiction.
Judge in LCA Case
Altogether, plaintiff’s filed 86 pages of legal briefs so far. I’m glad I’m not a Lake Conroe homeowner paying the bill for that!
Irreparable Harm? Really?
Some LCA claims stretched credulity. A 1-foot reduction causing irreparable harm? Really?!! During public testimony before a special SJRA Board meeting this morning, Lake Conroe callers mentioned that sales tax receipts are up, boaters are enjoying the lake, and home values are also up substantially since the seasonal lake lowering policy started.
Boats on Lake Conroe during last year’s seasonal lowering in the Spring.
Homeowners around Lake Conroe should demand to learn what and who is really behind this exercise.
Effect on SJRA
To date, the City of Houston has taken the lead on various pleadings. That makes sense because the lake lowering program involves its water.
The judge’s order this morning did not affect the SJRA. That’s because SJRA has not yet filed any answer, pleadings, or briefs in the case. The extent of SJRA activities on this case so far was to brief its board this morning and get its support to engage outside legal counsel. The board approved hiring two firms. Expect more from the SJRA in the coming days.
Posted by Bob Rehak on 4/9/2021
1319 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/2020/02/D-8-Boat-at-Walden-Yacht-Club.jpg?fit=1200%2C800&ssl=18001200adminadmin2021-04-09 18:54:192021-04-09 20:54:54MoCo Judge Dismisses Lake Conroe Association Suit to Block Seasonal Lake Lowering
New Legislation that Could Affect Lake Houston Area Flood Control
New legislation has been introduced in the 87th Texas Legislature that could affect the future of Lake Houston Area flood control. Here is a list that shows the current status of key bills. It includes a high-level summary, plus links to the text of the bills, and their authors. If you wish to testify on a bill, contact the author or the committee hearing it. Below is a brief summary of the most important (in my opinion) bills.
HB 2525: Perpetual Dredging for Lake Houston Area
Dan Huberty’s bill would create a dredging and maintenance district for the Lake Houston Area. It would dredge perpetually to reduce flood risk and help maintain the capacity of Lake Houston. The Natural Resources Committee will hold a public hearing on 4/13/2021.
HB 4478: Sand Mine Reclamation
Dan Huberty’s bill requires restoration plans for sand mining operations in the San Jacinto watershed. It lays out the requirements for such plans and also requires filing a performance bond to cover the cost of reclamation when mining is complete. If the mine abandons the property without restoring it, the bond would be enough to cover the cost of the work. It’s currently in the Natural Resources Committee. A hearing has not yet been scheduled.
HB 767: Best Practices for Sand Mines
HB 767, another Huberty bill, would require the Texas Commission on Environmental Quality to develop and publish best management practices for sand mining consistent with all applicable environmental laws and regulations. The bill has been referred to Environmental Regulation, but a hearing is not yet scheduled.
HB 4341: Transfer of Regulatory Responsibility for Sand Mines
Kyle Biedermann introduced a bill to transfer regulatory responsibility for sand mines from the TCEQ to the Railroad Commission of Texas. The Environmental Affairs Committee has not yet scheduled a hearing.
HB 2422: Regulation of Sand Mine Locations
HB 2422 by Erin Zwiener would allow county commissioners with populations greater than 500,000 to regulate the location of sand mines in certain circumstances based on proximity to residences, schools, places of worship, hospitals, and land platted for residential development.
HB 1912: Air and Water Quality Permit Requirements for Concrete Plants
Terry Wilson’s HB 1912 would raise the bar for Concrete Plants attempting to get air and water quality permits. It would require them to establish monitoring equipment. It would also affect blasting, lighting, noise generation from trucks, and restoration among other things. It’s in Environmental Regulations, but no hearing has yet been scheduled.
HB 3116: Nominations for SJRA Board
Will Metcalf’s HB 3116 would allow Montgomery County commissioners to nominate board members for the SJRA which the Governor could then accept or reject. It also sets the term for directors at 6 years and changes the number of board members from 7 to 6, contrary to the state constitution. It’s in the Natural Resources committee but has not yet been scheduled for a hearing.
CSHB 4575: Election of SJRA Board
Another Metcalf bill, HB 4575 would allo election of SJRA officers. Sounds democratic, until you realize that only those within the District would vote and Harris County is defined elsewhere as outside the district. We have all seen, as with the Lone Star Groundwater Conservation District, how private entities can easily take over a board in low interest, low turnout elections and then act in a way contrary to public interest (as in voting to virtually double groundwater pumping and ignore subsidence).
CSHB 3801: Handling of Unreasonable Desired Future Conditions for Groundwater
CSHB 3801 is a committee substitute bill. It defines how the Texas Water Development Board must handle petitions protesting “unreasonable” desired future conditions (DFCs) in groundwater management plans. The language in this bill is opaque. Even the analysis is.
SB 314: Notification of Flood History to Renters
SB 314 by Joan Huffman mandates that people renting properties would receive the same notification as people buying properties. The bill affects properties in the floodway, 100-year floodplain, 500-year floodplain, and any property that has flooded within the previous 5 years. If the tenant is not given proper notice, tenant may recover damages, one month’s rent, and attorney fees. Referred to Business & Commerce committee but no hearings set yet.
HB 531: Disclosure of Flood History and Floodplain Status to Renters
HB 531 by Armando Walle is similar to SB 314, but has already passed the House. It does not include the 500-year floodplain, but does include flooding from streets and ditches. This is the bill to watch. It has considerable traction and six co-authors.
HB 1059: Disclosure of Floodplain Status for Properties under 15 Acres
HB 1059 by Phil Stephenson requires sellers to disclose whether any part of a property smaller than 15-acres is in a flood plain. Bill was reported favorably as substituted but substitute has not yet been posted. SB 461 by Lois Kolkhorst is an identical companion bill in the senate.
HB 1949: Requires State Agencies to Reflect Climate Changes in Strategic Plans
Jasmine Crockett’s HB1949 would require certain state agencies such as TCEQ and TWDB to reflect weather and climate changes in their strategic plans. SB306 is the companion bill in the Senate. The State Affairs committee has not yet set a date for public hearings. Other representatives filed similar or identical bills, too: Michelle Beckley (HB 1956), Eckhardt (SB 306), Thierry (HB 2017), Reynolds (HB 3246), and Fierro (HB 4178).
HB 1681: Prohibiting Construction of Assisted Living Facilities in a 500-year Floodplain
Sam Harless’ HB 1681 prohibits construction of assisted living facilities in a 500-year floodplain. Human Services will hear public testimony on 4/13.
SB 865: Study of Statewide Disaster Alert System
Brandon Creighton’s SB 865 calls for a study on the efficacy of existing mass notification deployments by local governmental entities throughout this state and the feasibility of establishing a statewide disaster alert system. It would also study how to overcome barriers such as power outages in disasters. The Business and Commerce committee approved it unanimously, but the Senate has not yet voted on the bill. HB 655 is the companion bill.
SB 859: Continuing Virtual Meetings for Water Planning Groups
SB 859 by Charles Perry would allow Regional Flood Planning Groups to continue the practice of holding meetings virtually after the Covid crisis passes. The Businesss and Commerce committee approved it unanimously and it is headed for a vote on the uncontested calendar. Volunteers staff regional flood planning groups and the regions can span several counties. This places an undue travel burden on volunteers who already have a heavy workload. HB 2103 is a companion bill.
Posted by Bob Rehak on 4/11/2021
1321 Days after 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.
Colorado State Experts Predict Another Hurricane Season Like 2001, 2008 and 2017
Researchers at highly respected Colorado State University (CSU) issued their hurricane season forecast for 2021 last week. Like the University of Miami, AccuWeather and others, they predicted an above-average season based on sea-surface temperatures, the presence of La Niña, and historical analogs. CSU used data and models going back 40 years. Factors considered also include: where sea surface temperatures are warmer/cooler, sea level pressures, vertical wind shear levels (the change in wind direction and speed with height in the atmosphere), accumulated tropical cyclone energy, and more.
CSU Forecast Compared to Others
Here’s how CSU’s hurricane season forecast looks compared to historical averages and other predictions.
Striking Recent Parallels
According to CSU, so far, the 2021 hurricane season is exhibiting characteristics similar to 1996, 2001, 2008, 2011 and 2017. “All of our analog seasons had above-average Atlantic hurricane activity, with 1996 and 2017 being extremely active seasons,” said Phil Klotzbach, research scientist in the Department of Atmospheric Science and lead author of the CSU report.
In case you’re new to the Houston area and the significance of those bold-faced years escapes you:
But 2011 was the opposite end of the spectrum. It was the driest year ever for Texas and the start of a drought that lasted through 2014.
Playing the Percentages
The CSU team predicts that 2021 hurricane season activity will be about 140 percent of the average season. By comparison, 2020 was about 170 percent. The 2020 hurricane season had six landfalling continental US hurricanes, including Category 4 Hurricane Laura which battered southwestern Louisiana.
The report also includes the probability of major hurricanes making landfall:
Keep your fingers crossed and make sure you’re prepared. It only takes one storm to make your life miserable if you are not prepared. And remember, Allison happened on June 4th…just three days after the start of hurricane season.
Posted by Bob Rehak on 4/10/2021 based on a report by Colorado State University
1320 Days since Hurricane Harvey
MoCo Judge Dismisses Lake Conroe Association Suit to Block Seasonal Lake Lowering
It has been a busy ten days at the Montgomery County Courthouse. On March 31, the Lake Conroe Association (LCA) filed a lawsuit to block the seasonal lowering of the lake. But a hearing was not set until April 19. Meanwhile, the SJRA and City of Houston initiated a release of 450 cubic feet per second on April 1. That prompted the LCA to request an immediate order to stop the release on April 6. And that may have backfired on the Association. It forced the judge to look at the case sooner. And today, the judge dismissed the entire suit with respect to the City of Houston for lack of jurisdiction. Co-defendant SJRA has yet to file its response in the case, so the judge could not rule on that.
Dismissed for Lack of Subject Matter Jurisdiction
In its initial response to the LCA suit, the City argued what lawyers call a “plea to the jurisdiction.” The City claimed that LCA lawyers relied on outdated case law, that the City enjoyed governmental immunity, and that the plaintiff’s claims should be dismissed for lack of subject matter jurisdiction.
The arguments re: immunity are complicated and technical. Briefly, Texas law gives governmental entities broad immunity. Plaintiffs must challenge the validity of a statute under which a government took action to challenge the government’s action. But, says the City, the seasonal lake lowering policy is not a statute or ordinance; it is simply a policy. Thus, “Plaintiffs’ declaratory judgment action is barred by governmental immunity.”
More Hail Mary’s
To stop the seasonal release once it started, Plaintiffs then filed their first supplement to the Application for a temporary restraining order. They also filed a Supplement to their Original Petition. And a second supplement. The filings claimed that the release of 450 CFS was:
The City of Houston answered these allegations one by one in a seven-page brief filed on 4/7/2021. I’ll dispense with the legal arguments; you can read them for yourself. They discuss whether the allegations have merit and meet the legal definitions involved.
Even without a law degree, it appears on the surface that the only claim with validity is the enjoyment claim. But balanced against the City’s property rights (in the water), plus the potential flood-reduction and property-protection benefits, it pales.
Judge’s Ruling
Suffice it to say, that around 9 a.m. today, the judge agreed with the City of Houston’s Plea to the Jurisdiction. “The Court having considered the Plea and the response, if any, is of the opinion that it should in all things be SUSTAINED.”
Altogether, plaintiff’s filed 86 pages of legal briefs so far. I’m glad I’m not a Lake Conroe homeowner paying the bill for that!
Irreparable Harm? Really?
Some LCA claims stretched credulity. A 1-foot reduction causing irreparable harm? Really?!! During public testimony before a special SJRA Board meeting this morning, Lake Conroe callers mentioned that sales tax receipts are up, boaters are enjoying the lake, and home values are also up substantially since the seasonal lake lowering policy started.
Homeowners around Lake Conroe should demand to learn what and who is really behind this exercise.
Effect on SJRA
To date, the City of Houston has taken the lead on various pleadings. That makes sense because the lake lowering program involves its water.
The judge’s order this morning did not affect the SJRA. That’s because SJRA has not yet filed any answer, pleadings, or briefs in the case. The extent of SJRA activities on this case so far was to brief its board this morning and get its support to engage outside legal counsel. The board approved hiring two firms. Expect more from the SJRA in the coming days.
Posted by Bob Rehak on 4/9/2021
1319 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.