Creighton’s SB7 Passed Unanimously by Senate, Bill Goes to House Today

NOTE: This article has been updated to include the paragraph below entitled Floodplain Implementation Account. I also added a mention of a separate appropriations bill, SB500.

One of the most important pieces of legislation in Austin this session is SB7, sponsored by Senator Brandon Creighton. It relates to flood control planning and the funding of flood planning, mitigation, and infrastructure projects.

Light pole near River Bend in North Shore as Harvey receded. Note the “wet marks” several feet up on pole. Photo by Jim Balcom.

Status of SB7

The Texas Senate passed the bill unanimously yesterday. It is now engrossed and in the House. Engrossed means it has been recorded in its final legal form by the chamber in which it was introduced and passed to the opposite chamber.

SB 7 started life as SB 695, but was renumbered when it became one of the Lieutenant Governor’s top picks for the session. The lower number makes it one of the first bills to be considered, thus increasing its chances of passage during this session.

Last week, the Senate heard testimony on the bill. Yesterday, 31 senators voted by voice FOR the bill. None opposed it.

What SB7 Includes

Key provisions of the final version of SB7 include:

  • Creation of a Texas Infrastructure Resiliency Fund outside of the General Revenue Fund. Within the Resiliency Fund, it also creates:
  • A Floodplain Management Account to provide financing for: (A) the collection and analysis of flood-related information; (B) flood planning, protection, mitigation, or adaptation; (C) the provision of flood-related information to the public through educational or outreach programs; or (D) evaluating the response to and mitigation of flood incidents affecting residential property, including multifamily units, located in floodplains.
  • A Floodplain Implementation Account to grant, low-interest, or zero-interest loans. Purposes: (A) to provide matching funds that enable local governments to participate in a federal program for a flood project; (B) to provide loans at or below market interest rates for planning or design costs, permitting costs, or other costs associated with state or federal regulatory activities for flooding; or (C) to provide grants that enable local governments to participate in a federal program for the development of a hazard mitigation plan.
  • A Hurricane Harvey account, also within the resiliency fund to grant low-interest or zero-interest loans to eligible political subdivisions. The loans can be used as a local match to enable political subdivisions to qualify for a federal match. The loans will help local governments seeking federal grants for hazard-mitigation and public-assistance plans or the cost of flood-project planning, design, permitting, etc. associated with state or federal regulatory activities.
  • A Federal Matching Fund Account. The board may use the account only to meet matching requirements for projects funded partially by federal money, including projects funded by the United States Army Corps of Engineers.
  • Rules regarding the distribution of funds, administration, transparency, etc.

What SB7 Does NOT Include

Not in the engrossed version sent to the House: a specific dollar amount to establish the fund. When introduced, SB 695 called for $3 billion to be transferred from the “rainy day” fund to establish the resiliency fund. That’s no longer in the bill.

In its place, the bill now has some vague language that refers to:

  • Money deposited to the credit of the account under Section 251.004, Insurance Code;
  • Money directly appropriated to the board;
  • Money from gifts or grants from the United States government, local or regional governments, private sources, or other sources.

This bill sets up the accounts. A separate bill, SB500 handles the appropriations for the accounts.

How SB7 Will Help Flood Mitigation

Still, if funded, the Texas Infrastructure Resilience Fund, will provide a wonderful vehicle to help jumpstart critical flood mitigation projects. It provides low- or no-cost LOANS, to help local governments get matching funds to:

  • Study flood problems
  • Design solutions
  • Fund construction.

Why SB7 Is Necessary

These loans can be used to help local governments bypass the begging phase of flood mitigation where they look for grants to fund grant writers or study problems. Example: It took almost 18 months after Harvey for Montgomery County, the City of Houston, Harris County and the SJRA to come up with a local match and get FEMA to cover the rest of a $2 million San Jacinto River Basin Study. That study will that take another 18 months to complete.

SB7 could have saved half that time. SB7 deserves the support of all Texans who would like to see flood mitigation efforts accelerated.

To review the status of other legislation affecting the Lake Houston area, check the Legislation page of this website.

Posted by Bob Rehak on March 21, 2019

569 Days since Hurricane Harvey

Reminder: Townhall Meeting Thursday Night at Kingwood Community Center, 6:30 PM

City Council Member Dave Martin will host a  Capital Improvement Project (CIP) Town Hall meeting  Thursday, March 21, 2019, at 6:30 p.m. , at the Kingwood Community Center, 4102 Rustic Woods Drive, Kingwood, Texas, 77345. 

Costello Will Update Community on Flood Mitigation

Post-Harvey updates will be provided from Flood Czar Stephen Costello. Expect Costello to address additional flood gates for the Lake Houston Dam and dredging of the mouth bar.

Capital Improvement Projects also on Agenda

During this meeting, residents will also hear from Mayor Sylvester Turner, and other city and community representatives about ongoing and future capital improvement projects, local issues and community news related to the Kingwood and Lake Houston areas of District E.

Congressman Dan Crenshaw will be in attendance to meet with community members. 

Harvey Aid Specialists in Attendance

The District E office has arranged for Hurricane Harvey intake specialists to host an information table at the meeting for those impacted by Hurricane Harvey and interested in learning more about the resources available to them. If you are seeking Harvey aid, before attending the meeting, please make sure to take the Harvey Recovery Survey online or by calling 832-393-0550 (Monday through Friday, 9:00 a.m. to 5:00 p.m.). 

For more information, please contac t Council Member Martin’s office by calling (832) 393-3008 or via email at districte@houstontx.gov . 

Posted by Bob Rehak on 3/21/2019

569 Days since Hurricane Harvey

Harris County Flood Control to Begin Restoring Conveyance of Bens Branch In April

Jason Krahn of the Harris County Flood Control District (HCFCD) revealed plans tonight to begin restoring the conveyance of Bens Branch, one of the largest drainage channels in Kingwood. Bens Branch runs diagonally through the center of Kingwood from the new St. Martha Catholic Church to east of Kings Harbor where it joins the San Jacinto West Fork.

Harris County Flood Control will soon begin removing more than
8000 truckloads of sediment clogging Ben’s Branch.

Welcome Relief

News of the project will bring welcome relief to those who live near the creek and who flooded during Hurricane Harvey. Among them are residents of North Woodland Hills, Kings Forest, Bear Branch, Town Center, the Enclave, Kingwood Village Estates, and Kings Harbor.

Restoring Conveyance to 1990 Level

The objective of the project: to restore the conveyance that existed in 1990 when the creek was last widened and improved. Large portions of the creek have severe silting.

Krahn says Flood Control plans to excavate 1.3 miles of the ditch from near Kingwood Drive to past the YMCA – a total of 6,851 linear feet. The project will stop approximately 1,800 feet from Lake Houston. From that area, they plan to excavate 77,365 cubic yards of sediment that have built up since 1990. That equals about 8,600 dump-truck loads.

Flood Control also plans to bring in rock to shore up areas that have severely eroded.

Project Phasing and Timeline

The design phase of the project has completed and bidding will begin within two weeks, says Krahn, the project manager.

To access the areas to be excavated, Flood Control will use a combination of roads and adjacent property owners. They include Kingwood County Club, Harris County Precinct 4 Library, the YMCA, and the Kings Crossing Trail Association.

Expect the following phases:

  • Establishing access
  • Erection of construction fencing
  • Mobilization of equipment such as amphibious trackhoes and shallow-draft barges
  • Excavating material and storing it along the edges of the creek
  • Waiting two weeks for it to drain and dry
  • Hauling it away

Krahn expects to haul off 40 truck loads per day. He says the project should take a total of 250 calendar days. Thus, they should complete the project by next January.

Some trees may have to go, but Krahn vows to make every effort to keep as many trees as he can. He says he understands how much Kingwood values trees. He also points out that any trees on the banks did not exist when the ditch was last excavated; they have grown up since.

Procurement, bidding, and planning will run from April through June. Expect to see boots on the ground no later than July 1.

$2.1 Million Cost Expected

Total cost of the project is projected at about $2.1 million out of a $17 million total maintenance budget for all of Harris County. This money does not come out of the flood bond. It comes from the normal HCFCD maintenance and operations budget.

Soil Already Tested; Non-Hazardous

The county has already sampled and tested the soil that it will remove. It received a Class 2 Non-Hazardous Rating. That means it is not contaminated and can be stored anywhere. Krahn says that the winning contractor will propose disposal sites. Sometimes the fill will be used in road beds, to elevate property, or returned to old sand pits.

Warn Kids to Stay Away

Many people fish and play in the creek and job on its banks. Krahn requested residents to keep their children away from the construction zone once heavy equipment starts moving in. Operators will have their eyes on the job and not people jogging or fishing.

Thanks to Barbara Hilburn

A shout-out to Barbara Hilburn of Kingwood Lakes who has doggedly led the charge on internal drainage improvements since Harvey. Hilburn emphasized the need for a Kingwood-wide study of internal drainage to restore the entire system to its original capacity. She hopes that will work hand-in-hand with other improvements being made to the San Jacinto and the Lake Houston dam to reduce flood risk.

Posted by Bob Rehak on 3/20/2019

568 Days since Hurricane Harvey