Uneven Recovery from Harvey: A Story of Cash, Contractors, Quality, Confidence, and Delayed Aid

I drove through my village this week and saw ten homes in desperate need of help. More than 18 months after Harvey, some families still have not finished repairing their homes. Worse, some still have not started. On the positive side, some fully repaired their homes within three months. Why such an uneven recovery?

As I talk to people, their stories take many forms, but they usually involve some combination of five things: cash, contractors, confidence, quality and delayed aid.

More than 18 months after Harvey, most of the townhomes along Marina Drive “still stand.” Although clearly uninhabitable, buyouts are still not complete and only two units have been taken down. Before Harvey these homes flooded repeatedly.

Cash is King

In a disaster, such as Harvey, ready cash trumps everything. Those without insurance or the savings of a Bill Gates felt Harvey’s sting first. Many people compared repairing a flooded home without insurance to the unplanned purchase of a second home – out of pocket. Not many can afford that, especially younger people who stretched to cover the mortgage on their first home.

On the other hand, those who could afford to pay contractors weekly – in cash – got attention. Those who could not, did not. Their contractors showed up between faster paying jobs.

Available Pool of Quality Contractors

Of course, the available pool of quality contractors limited the pace of recovery. Some so-called “contractors” decided to get into the contracting business the day after Harvey. They picked up unskilled labor when and where they could find it. Their customers/victims, desperate for help, accepted bad contracts and argued constantly about substandard workmanship and materials. They felt re-victimized at every turn. They just could not get the results they expected. I’ve heard of some fly-by-night contractors who skipped town with deposits. The more common story? Do-overs and endless punch lists created delays that cost months…not to mention cash that couples didn’t have.

Those who found good, reputable, experienced contractors (and there are many) found a lifeline to sanity. Generally, they quickly returned to beautiful homes…some in just three or four months.

Quality

Some people decided to sit out Round One of renovation. Rather than fight for quality contractors and materials, they decided to wait until supply caught up with demand. They started after the con men moved on to Florida or North Carolina or the wildfires. They paid a price in inconvenience for many months. But many are now finishing up restoration and moving back into beautifully restored and updated homes – without appliances from scratch-and-dent sales.

Confidence in Recovery

I know one lady who lost her husband to cancer shortly before Harvey. Already in a state of shock, her home next flooded badly. As time went on, it became clear that she deeply, deeply feared getting flooded again. Many older people fell into this category. Even though she is a very strong woman, the fear paralyzed her in some ways.

She could not afford to restore her home twice on one income. So she waited … to see when government officials would begin mitigation efforts. Passage of the Harris County Flood Bond on the anniversary of Harvey gave her hope. She began restoration after waiting a year.

Then came perceived delays in starting the projects, followed by debate about where the County would start. Stress precipitated cardiac problems. Now she has even more worries. Sadly, the stress hospitalized her.

Lack of confidence in recovery efforts can create a downward spiral just as in a recession. However, confidence in recovery efforts can reverse that. Confidence is especially crucial for vulnerable populations, such as the retired, sick, widows or those with low incomes.

Delayed Aid

Delayed aid means delayed starts. It comes in many forms:

  • Insurance adjusters who itemized everything rather than accepting IRS-approved, per-square-foot guidelines
  • Adjusters who move from disaster to disaster for higher paying jobs leaving Harvey clients in the lurch
  • Insurance companies that argued endlessly
  • HUD money showing up 18-months after the disaster
  • Buyout offers that come long after people have already repaired and moved back into their homes
  • Multi-layered, slower-than-snails flood mitigation processes
  • A legislature that meets every other year
  • A rainy-day fund that turned out to be anything but that for 18 months
  • Cities that don’t or can’t budget for disasters
  • Having to apply for grants to quality for matching grants
  • Filling out a state application for the right to fill out a federal application
  • Deserving people who made just enough money to get shuffled into low-priority categories for aid while the government sought to “fill up” quotas in higher priority (low income) categories
  • Federal dollars appropriated by Congress that still haven’t shown up
  • Studies that can add three to four years to the timetable for any flood mitigation project.

This list is far from complete. However, it explains why some repairs and mitigation projects happened right away and other efforts have not yet begun.

Things Government Can Influence

At the March 21st town hall meeting in Kingwood, Congressman Dan Crenshaw addressed the need to streamline government business processes to accelerate flood mitigation and aid. This certainly is a daunting task, but a noble and necessary one.

If he can do it, he will help tens of millions of people – not just Harvey survivors, but also survivors of disasters that haven’t yet happened.

Accelerating aid so that people can get back to normal sooner is crucial to restoring the psychological health of the community as well as its image.

Confidence in the certainty of aid and mitigation helps restore optimism in the future. It encourages people to invest in repairing homes quickly, rather than waiting to see what government will do.

Most people are more than willing to do their part if government does its.

There are not many un-repaired homes in the Lake Houston Area as of this writing.  But there are enough to make buyers wonder. What happened here? Why? Could it happen again? Could it happen to me? And until those doubts disappear, home values and tax revenues will continue to be less than what they could be.

Posted by Bob Rehak on April 9, 2019

588 Days since Hurricane Harvey

For Earth Week: Sand Mine Reclamation Regulations Needed

Texas requires a reclamation plan to get a permit for sand mining. However, according to a spokesperson for the Texas Commission on Environmental Quality, Texas has no requirement to execute the plan when mining is done – except for a small pilot project on the Brazos River. Unscrupulous miners can and do walk away from mines without reclaiming the land when they are finished mining.

Abandoned sand mine in Humble, TX. No fencing. No grading. No vegetation on slopes. Note proximity to buildings on adjoining property and road.

No Attempts at Reclamation for 15 Mines in a Mile Radius

Abandoned sand mines like the one above on North Houston Avenue and Townsend blight the Humble area.  Across the street sits another abandoned mine and a concrete recycling facility. 

Abandoned concrete crushing facility once part of sand mine in Humble, TX.

A quick check of Google Earth shows that fifteen other abandoned sand pits lay in about a one mile radius near these. TACA, the Texas Aggregate and Concrete Association brags about how mines can be reclaimed, but are they?

Theory Vs. Reclamation Practice

We have the appearance of sand mine regulation. In practice, since the TCEQ began monitoring sand mines in 2011, the commission has levied only a few hundred fines statewide averaging about $800 per fine. That’s a slap on the wrist. Meanwhile, blights like these keep promising areas from re-developing. In the name of helping some businesses, bad actors in the industry harm others…and entire communities. Yet TACA fights legislative fixes.

Potential Legislative Fixes Falter

Two bills introduced in the legislature this year could help address this problem. Both have stalled in committee.

  • HB 1671 extends protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos. It would require local mines to file a bond that guarantees reclamation before they begin mining. HB1671 was referred to the Natural Resources committee on March 4. Nothing has happened with it since then.
  • HB 2871 would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance. The House Energy Resources committee heard public testimony on HB2871 on April 8, but the bill was left pending in committee. Again, nothing has happened with it since then.

With 38 days left in the legislative session, hopes for both bills are fading fast.

If this makes you angry, register your opinion.

First in a New Series

In coming days, I’ll illustrate other best practices where Texas falls short (and sometimes flat) compared to other states. The series will culminate with a peek inside the multi-million lobbying efforts of TACA.

I’m all for being business friendly, but when that starts to hurt other businesses and residents, I draw the line. That’s not being business friendly; that’s playing favorites.

Posted by Bob Rehak on 4/22/19

601 Days since Hurricane Harvey and 38 days left in the legislative session

Act Now to Reduce Sediment Due to Sand Mining

Sand mines aren’t the only source of sediment on the West Fork, but humans can and must control them. Upstream from Kingwood, on the East and West Forks of the San Jacinto, we have approximately 20 square miles of mines.

Contributing to Erosion and Sedimentation

Several key facts about them:

  • Virtually all are at least partially in the floodway (meaning they’re in the main current of the river during floods).
A small portion of the sand mines upstream from Kingwood on the east and west forks of the San Jacinto. Red Cross-hatched areas represent the floodway. Sand mines are the bright areas in the bottom layer. Aqua represents 100-year flood plain, brown the 500-year.
  • Texas has no laws requiring a minimum setback from the river. As a consequence the river runs right through them during floods, often breaching dikes.
Memorial Day Flood in 2015 ruptured the dikes on these sand mines on both sides of the West Fork. Floods don’t have to be this major to rupture dikes. I’m aware of four ruptures last year during the July 4 and December 7 floods.
  • The process of “river” or “pit capture” creates erosion both upstream and down, as this video demonstrates.

HB 509 and HB 2871 Can Help

Two bills being heard tomorrow by the Texas House Energy Affairs committee could help address all of these issues.

HB509 allows Texas Railroad Commission to regulate aggregate production operations (APOs) with the TCEQ. Before mining can start, it requires: a hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements.

The hydrologic impact study must take into account the cumulative impact of all mines in an area. This is critical for an area such as the West Fork, which is heavily over-mined.

HB 2871 requires sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance.

Both Bills Deserve Our Support

They can help make a difference and could help reduce sedimentation due to human sources.

Consider them together with other bills in the House Environmental Regulation Committee (House Bills 907, 908, 909 and 1671) that would create a series of best practices for sand mines, stiffen penalties for violations, and create a water quality control district between Lake Conroe and Lake Houston.

Your First Chance As an Individual to Make A Difference

HB 509 and HB 2871 will be the first bills actually considered since Harvey that could reduce the amount of sediment clogging the San Jacinto and Lake Houston.

Dredging that sediment could potentially cost hundreds of millions of dollars. Obviously, that’s not something the City, County, State and FEMA can fund regularly. So we must takes steps to stop dangerous sand mining practices now.

Ultimately we must require sand mines to move out of the floodway. And we must attach penalties if their dikes breach during floods. That will force miners to establish greater setbacks that reduce the likelihood of pit capture.

Please Help NOW! Here’s How

So please take fifteen minutes and email the members of the House Energy Affairs Committee before they convene tomorrow. Make your voice heard. Reduce the sediment coming downstream that backs up the river and ditches, contributing to flooding. Email address and a sample letter are below.

Chris Paddie, Chairman (Marshall/Northeast Texas)
chris.paddie@house.texas.gov
(512) 463-0556

Abel Herrero, Vice Chairman (Corpus Christi area)
abel.herrero@house.texas.gov
(512) 463-0462

Rafael Anchia (NW Dallas)
rafael.anchia@house.texas.gov
(512) 463-0746

Ernest Bailes (Huntsville, Liberty)
ernest.bailes@house.texas.gov
(512) 463-0570

Tom Craddick (Midland area)
tom.craddick@house.texas.gov
(512) 463-0500

Drew Darby (San Angelo area)
drew.darby@house.texas.gov
(512) 463-0331

Charlie Geren (NW Fort Worth)
charlie.geren@house.texas.gov
(512) 463-0610

Roland Gutierrez (SE San Antonio, Live Oak, Universal City, Converse)
roland.gutierrez@house.texas.gov
(512) 463-0452

Cody Harris (Hillsboro, Corsicana, Palestine)
cody.harris@house.texas.gov
(512) 463-0730

Mary Ann Perez (Pasadena, Baytown)
maryann.perez@house.texas.gov
(512) 463-0460

Jon Rosenthal (Far NW Houston)
jon.rosenthal@house.texas.gov
(512) 463-0722

Here is a sample letter of support for HB 509 and HB 2871. Don’t forget to update it with your own contact information.

Spread the Word

If you have friends or relatives living in any districts below, reach out to them: their voices as constituents may be even more powerful. Please call or write and encourage friends and relatives to do the same.

Hill Country representatives authored both bills, and considerable support exists for them outside this area. Hill Country concerns differ slightly from ours because different types of APOs operate there – rock quarries. But the rules that help Hill Country people will help us.

Posted by Bob Rehak on April 7, 2019

586 Days since Hurricane Harvey