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Rep. Metcalf Introduces Bills to Deny Downstream Representation on SJRA Board

Texas State Representative Will Metcalf from Conroe has introduced two bills in the 87th Legislature that would affect the composition of the San Jacinto River Authority (SJRA) Board. The two bills have major differences. One calls for the election of Board members. In case that fails, the other recommends how the Governor should appoint directors. Both bills, however, introduce an upstream bias in the selection of board members at the expense of downstream residents.

Excluding Harris County Voters

HB4575 would create a Board of seven directors who must be legal voters in the State of Texas. It does not specify who gets to vote in the election. It simply says voters in the District will elect Board members at large. But the boundaries of “the District” are not defined in HB4575. They are, however, defined in Section 5 of the SJRA enabling legislation to EXCLUDE Harris County. So far, no other sponsors have signed onto the bill.

Stacking Deck in Favor of MoCo

HB3116 relates to recommendations for the appointment of SJRA directors. It calls for the Governor to appoint six directors, all of whom must be Texas voters and property owners. Four of the six must reside in Montgomery County, the only county wholly encompassed by the District defined in the SJRA boundaries.

The Commissioners Court of Montgomery County would get to recommend two directors to the governor. Other counties in the watershed could each recommend one. But, again, four – a two-thirds majority – would have to reside in Montgomery County.

The SJRA board currently has seven members, so this bill would reduce that number by one and also increase the possibility of tie votes. That could help stymie approval of policies, such as lowering Lake Conroe seasonally or fighting subsidence. As of this date, no other sponsors have signed onto this bill either. It was referred to the Natural Resources committee yesterday.

Could Impact Lake-Lowering Policy

Metcalf’s filing of these bills comes hot on the heels of a contentious debate last year about seasonal lowering of Lake Conroe to provide a buffer against flooding in downstream communities. The hotly contested issue drew hundreds of Lake Conroe residents to a board meeting that had to be held in the Montgomery County Convention Center to accommodate the crowd. Protestors complained that it would ruin recreation and the tax base of Montgomery County.

In the end, the appointed board voted to continue its lake lowering policy. The policy calls for lowering the lake from 201 feet to 200 during April and May, then again in August. During September, the peak of hurricane season, the SJRA would lower Lake Conroe an additional half foot to 199.5. The City of Houston owns two-thirds of the water in the lake, and all releases come from the City’s share, and only at the City’s request. SJRA staff coordinate with City staff on the details and timing of all releases. And if the level of Lake Conroe has already dropped to the target elevation due to natural evaporation, no additional releases are called for.

The SJRA board first adopted this policy after Governor Gregg Abbott visited the flood-ravaged Lake Houston Area in 2018. That year, he also appointed two downstream residents who flooded during Harvey, Kaaren Cambio and Mark Micheletti, to the SJRA board.

Kingwood Greens Evacuation During Harvey by Jay Muscat — *Photo by Jay Muscat* *of the Kingwood Greens Evacuation during Harvey after the SJRA release from Lake Conroe.*

If Metcalf’s bills gain traction, the bills could potentially undermine the lake-lowering policy. The SJRA Board extended it for three years starting last year. That would give the City of Houston time to add more gates to the Lake Houston dam. FEMA gave the City three years to complete the gates when the project clock started ticking on April 8th of last year. The City is still in the preliminary engineering phase of that project, and trying to prove up the benefit/cost ratio for FEMA.

Could Also Impact Groundwater and Subsidence Debates

Metcalf’s bills could also affect the subsidence debate between upstream and downstream interests.

Shortly after the Lone Star Groundwater Conservation District (LSGCD) first elected its board in 2018, the LSGCD board began advocating for higher groundwater pumping. It has also stonewalled any mention of subsidence in the desired future conditions for Montgomery County in Groundwater Management Area 14.

Private groundwater providers, such as Quadvest, heavily backed a slate of candidates for the LSGCD Board in 2018. Their candidates won based on the promise to “restore affordable water,” but residents report that water rates have not gone down.

The SJRA has opposed the unlimited pumping of groundwater. Electing the SJRA board, too, opens it up to the same kind of shadowy influence exerted by Quadvest prior to the 2018 election. If Quadvest is successful again, Quadvest could eliminate its primary opposition on the subsidence issue. The residents of northern Harris and southern Montgomery Counties would then potentially face increased subsidence. And subsidence can damage foundations, walls, ceilings, cabinets, doors, driveways, streets, pipelines, and more.

As the map below shows, subsidence could also tilt Lake Houston toward the Harris/Montgomery County line by two feet relative to the amount of subsidence at the Lake Houston Dam. That could increase flood risk for people living in the upstream reaches of the lake.

Drawing down aquifers in MoCo by 30% (leaving 70%) was supposed to have produced no more than 1 foot of subsidence, but models showed it could produce 3 feet in the Kingwood and Huffman areas of Harris County.

*The same amount of pumping produced 3.25 feet of subsidence in southern MoCo.*

Neither Elections, Nor Appointments, Should Exclude Affected Residents

I normally don’t oppose elected boards. But I also don’t want to return to the days just before Harvey when the SJRA board represented only upstream interests and downstream areas flooded disastrously.

If the SJRA board is elected, downstream residents in Harris County should be able to vote on the board members. Metcalf’s bills have the appearance of populism, but they strive to stack the deck against downstream residents. Both are wrong.

Everyone who lives and works along the San Jacinto should get to vote on the composition of the SJRA Board if board members will be elected.

Posted by Bob Rehak on 3/20/2021

1299 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.

New Bayou Greenway Now Connects Kingwood, Forest Cove

The Houston Parks Board’s newest leg of the San Jacinto Bayou Greenway is nearing completion. Construction started near River Grove Park in Kingwood and is working its way west toward Harris County Precinct 4’s new Edgewater Park at US59.

First Leg Now Concreted, Others Under Construction

The first leg of the concrete trail connects River Grove Park and the Kingwood Trail Network to Hamblen Road in Forest Cove. From there, the trail snakes through streets in the Northshore neighborhood, such as Northshore Drive and Sunrise Trail. It currently stops just north of the Forest Cove little league fields on Forest Cove Drive. However, the trail will continue west; that’s just the extent of current construction. At the ends of streets that don’t connect, the Parks Board is building connector trails for hikers and bikers.

The only portion of the San Jacinto Bayou Greenway completely concreted to date links Woodland Hills Drive and Hamblen. Other portions of the trail are partially concreted, and some are still being cleared. Construction fences are still up, even in the areas with concrete, as crews have not yet finished installing benches and planting grass.

Not Yet Quite Bike Ready

Net: Don’t take your bike through there yet. These pictures taken this afternoon show the current state of construction.

*Looking west from the entrance to River Grove Park in Kingwood toward Hamblen Road in Forest Cove at the new San Jacinto Bayou Greenway trail.*

*Closer view of same trail in same direction. Note the limited landscaping to date.*

*Reverse angle looking east toward River Grove from the end of Hamblen Road in Forest Cove.*

*Another leg of trail, not yet complete, connecting Northshore Drive and Sunrise Trail.* *Looking SW from Northshore.*

*Where second leg of trail exits onto Sunrise Trail.*

*Current end of construction activity at Forest Cove Drive just north of Little League Fields.*

Trail is actively being cleared farther to the east, but it’s not yet passable. The cleared portion currently terminates at Marina Drive near the Forest Cove Pool, behind the townhomes destroyed by Harvey.

While th San Jacinto Bayou Greenway project will help to revitalize the area, some residents who survived the storm and rebuilt their homes lament the loss of seclusion. However, avid hikers and bikers will no doubt will love the trail which will connect to the Spring Creek Greenway and take people up to the Woodlands. It represents a vast expansion of connected trails in the area and will rival the largest urban trail networks in the country – if it won’t be the largest.

That will put Kingwood and Forest Cove back in the news again in an immensely positive way. It will also create a magnet that improves home values again and attracts younger couples with children trying take advantage of Humble ISD schools.

This project has been in the planning stages since shortly after Harvey. It was just last month that the first leg of the trail connecting River Grove and Hamblen was cleared. Crews have made considerable progress since then.

Posted by Bob Rehak on 3/19/2021

1298 Days since Hurricane Harvey

Flood Notes: Quick Updates on Multiple Flood Related Topics

Below are updates on seven flood-related topics from around the Lake Houston Area and Texas.

Plugging of Noxxe Wells in Forest Cove Delayed

Peter Fisher of the Texas Railroad Commission reports that its Oil & Gas Division is about eight to 10 weeks away from plugging the NOXXE wells in Forest Cove. Noxxe abandoned the lease when Harvey cleanup costs forced the company into bankruptcy. The Commission’s General Counsel notified Fisher on March 4^th that another operator is attempting to take over the NOXXE leases. “At this time we do not know for sure which wells they are interested in. Therefore, we are currently in a holding pattern on plugging the NOXXE wells,” said Fisher. TRRC has already finished cleanup of the rusting tanks in Forest Cove, but several wells still appear to be leaking based on aerial photos that show oil on ponds and in the public water supply.

*Black substance in West Fork/Lake Houston stretched for about a half mile on December 7, 2020, next to one of many abandoned Noxxe wells.*

Texas GLO and Houston Declare Truce for Time Being

Last year, the Texas General Land Office (GLO) tried to claw back funds allocated to the City of Houston for several Harvey-related disaster assistance programs. Why? The City fell seriously behind deadlines, even as the reimbursement program was expiring. Then the two sides reached a settlement and the City took back some programs. Houston will continue to administer $835 million in programs – Homeowner Assistance (reimbursement program), Single Family Development, Multifamily Rental, Small Rental, Homebuyer Assistance, Buyout, Public Services and Economic Revitalization Programs.

However, the GLO included strict program benchmarks with language that includes: “Program Benchmarks: Subrecipient’s failure to achieve a Program Benchmark in the Subrecipient Agreement may result in the termination of the Program and/or funds being removed from the Contract, at the GLO’s sole discretion.” HUD’s rules include that funds be expended – not allocated – by August 2024, plus one more year for close out, or else HUD will retain the funds.

City’s Homeowner Assistance Applications

In the meantime, the GLO is keeping the City’s Homeowner Assistance Program. Many who first applied through the City have been caught in limbo due to missing, incomplete and poorly formatted documents.

On December 30, 2020, the GLO received 48,000 documents that had no discernable naming conventions, were not grouped by applicant, and were mostly unsearchable. The GLO had to open each document to determine which applicant it belongs to and file accordingly. On January 27, 2021, the GLO received a transfer of additional files that appear to be mostly environmental assessments, but once again, were not organized. The GLO has sorted the files from the City of Houston and the GLO team is contacting applicants to request missing or outdated documentation to move them towards construction.

We received data for 7,176 files, but nearly half had none or only one of the documents needed for a complete application to achieve HUD eligibility. “We are in the process of contacting all applicants to determine which ones still wish to participate and request the documents we need to complete their files,” said a GLO spokesperson.

Court Reverses Air Quality Permit for APO

Texans for Responsible Aggregate Mining announced that on March 5, a district court in Austin struck down an air-quality permit for a quarry. Alabama-based Vulcan Construction Materials needed the permit to proceed with a controversial project.

Texas Commission on Environmental Quality (TCEQ) had initially granted the permit in 2019 after two years of heated legal wrangling between Vulcan, the nation’s largest producer of construction aggregates, and an alliance of Comal County citizens, community groups and Comal ISD.

459th Civil District Court Judge Maya Guerra Gamble ruled that:

TCEQ’s assertion that the quarry would not harm human health or welfare was not supported by evidence.
Vulcan’s emissions calculations were not representative and not supported by substantial evidence.
Vulcan’s air quality analysis did not account for cumulative impacts or emissions from the quarry and roads.
Vulcan’s choice of background concentration was arbitrary or capricious.
In the contested case hearing, the State Office of Administrative Hearings (SOAH) judge erred in allowing Vulcan to hide behind “trade secret” claims.
Plaintiffs were denied due process when the SOAH judge allowed Vulcan to conceal data using the “trade secret” excuse and did not allow plaintiffs to cross-examine Vulcan.

Vulcan’s proposed mining operation in the Texas Hill Country would stretch across nearly three miles of the environmentally sensitive Edwards Aquifer Recharge Zone, the primary water supply for over two million people in New Braunfels and San Antonio.

Lone Star Groundwater Conservation District Punts on Subsidence Again

After several filibusters, the Lone Star Groundwater Conservation District Board again deferred publicly adopting a position on subsidence or approving the second half of its subsidence study in a mercifully brief March 9th meeting. The District’s general manager and counsel are reportedly querying stakeholders on the subject. But time is running out before GMA-14 meeting. The LSGCD may have to call a special meeting before the next GMA-14 meeting on April 9th to resolve those issues. It will be interesting to see what they come back with. Simon Sequeira, of Quadvest, one of the largest independent water pumpers in the county is a stakeholder.

Kerr County Commissioners Support Best Management Practices for Local APOs

The adoption of best management practices by sand mines in the San Jacinto watershed has been a legislative goal of area groups since Harvey. It was during Harvey that floodwaters swept through mines and flushed sand downstream where it contributed to the flooding of thousands of homes and businesses. Now the Hill-Country group, Texans for Responsible Aggregate Management reports they have achieved a victory of sorts.

On March 1st, 2021 the Kerr County Commissioners’ Court unanimously passed a resolution supporting TRAM’s legislative goals, as well as a resolution encouraging Kerr County APOs to adopt Best Management Practices (BMPs) in order to minimize adverse health effects and nuisance issues. The resolution was sparked by concerns over West Texas Aggregate LLC’s desire for a permanent rock and concrete crusher facility near the airport east of Kerrville.

LCRA Adopts Commercial Dredging Moratorium on Highland Lakes

On February 24, 2021, The Lower Colorado River Authority Board of Directors adopted a one-year moratorium prohibiting commercial dredging on the Highland Lakes until new rules are established. This action states that LCRA will not review pending permit applications such as the Collier Materials Inc. permit application for commercial dredging on the Llano River and cancelled the public meeting scheduled for March 10, 2021.

The Board determined that new rules are necessary to address commercial dredging projects and their potential impact on water quality, aquatic life and public safety on the lakes. Over the next year, LCRA will review potential water quality impacts of commercial dredging, coordinate with other entities, and conduct a robust public and stakeholder input process.

Posted by Bob Rehak on 3/18/2021

1297 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.

Easy Way to Track New Developments Near You

If you live in the City of Houston or within its extra-territorial jurisdiction (ETJ), the City provides an easy way for you to track the progress of new developments near you.

Step One: Go To the Plat-Tracker Map

The City provides an interactive map based on geographic information system (GIS) technology. In your browser, go to a website called Houston Plat Tracker Plats. GIS maps translate database information into a familiar map format.

*Houston Plat Tracker Map as of 3/17/2021. Look at the size of those two proposed subdivisions northeast of Lake Houston!*

After navigating to the site, scroll and zoom to your area of interest.
Select a base map to suit your taste. Choose from satellite views, street maps, topographic maps and more. Do this by clicking on the four squares in the upper left hand corner.
Turn on the layers that interest you. Choose from City Limits, Council Districts, Management Districts, TIRZs (tax increment reinvestment zones), ETJ, historical districts, and more. Do this by clicking on the layers icon next to the base map icon.
With the tools in the upper right corner, you can draw on the map, measure distance and direction, print, bookmark and share.
By now, the map should be populated with a mass of color-coded outlines.
Click on any colored area to find background information about it, such as the developer and the application number. At the bottom of the informational pop-up box, there’s an interactive link to the City’s Planning Department website where you can learn more about the project.

Step Two: Look Up More on the City Planning Department Website

The City Planning Department website offers much more information about projects that may concern you, especially if they are coming up for a vote in the Planning Commission. Here you’ll find interactive and PDF spreadsheets that list which projects will be considered in the next meeting of the Planning Commission. The site also lists the:

Subdivision plat name
Application Number
When the developer submitted files
Subdivision Plat type
Whether a variance request exists
The location of the issue on the agenda
County, City, Council District, Precinct
Key Map code
Census Tract
Zip Code
School District
Address of the development.
TIRZ, Management District, Historic Districts if applicable
Super Neighborhood Council
Park Sector
Proposed Land Use
Property Size
Number of Lots
Appraisal District ID
Developer
Applicant Company
Applicant’s Name
Applicants Phone
Subdivision Plat with flood zones, if any, superimposed

The Houston Plat Tracker Plats website contains future and past agendas, the planning commission calendar, and development regulations. It also contains a design manual and a host of other tools in case you feel something is amiss.

Finally, it lets you set up an account so you can get notifications of what future meetings will consider.

Possible Step 3

If you find something disturbing, sign up to express your concerns at the Planning Commission, or call your city council person’s office.

You can also request copies of the drainage analysis and construction plans at a certain point in the project.

Informed citizens keep everyone conscientious. No one cares about your home like you! So keep your eyes open for new projects in your neighborhood or upstream.

To learn more about 15 other GIS maps that the City makes available online, visit this start page. You can find fascinating information about land use, demographics, flood hazards and more. Good luck.

Posted by Bob Rehak on 3/17/2021

1296 Days since Hurricane Harvey

Harvey Repair, Rebuild Assistance Still Available for Harris County Residents

Assistance is still available for those who live in Harris County if you have not yet repaired or rebuilt your home damaged in Hurricane Harvey. Applications are NOT for reimbursement.

They are for repairs and rehab handled through U.S. Department of Housing and Urban Development (HUD) contractors, that meet HUD specs. So forget about marble floors and countertops, adding garages or extra bedrooms, or upgrading to top-of-the-line appliances.

As long as you live in Harris County and you meet the requirements, you can still submit an application. However, understand that Harris County (compared to the City) has far more funding available than applications in its pipeline. Also understand that you can apply through the Texas General Land Office (GLO), which now handles applications for HUD; you don’t need to go through the City or County directly.

*Lloyd Nelms and family receive the keys to a rebuilt home.*

Types of Help Available

The GLO can provide homeowner assistance through:

Repairing and rehabilitating homes
Reconstruction
Improving a damaged home so that it is more resilient against natural disasters
Elevating homes above flood level

How to Apply

How and where to apply depends on whether you live inside the City of Houston or out.

If you live in Harris County but OUTSIDE the City of Houston:

Apply online here.
Download and complete a paper application below. Applications can be submitted by email at harriscounty.glo@recovery.texas.gov or mail to Homeowner Assistance Program 2100 Space Park Drive, Suite 104, Houston, TX 77058.
Call 346-222-4686 or 1-866-317-1998 (toll free) and a regional office team member will assist with the application process.

If you live in Harris and are INSIDE the City of Houston:

This page explains all the necessary steps and documents: https://recovery.texas.gov/hap/houston. You also have three easy options.

Apply online here.
Download and complete a paper application below. Applications can be submitted by email at houston.glo@recovery.texas.gov or mail to Homeowner Assistance Program 2100 Space Park Drive, Suite 104, Houston, TX 77058.
Call 346-222-4686 or 1-866-317-1998 (toll free) and a regional office team member will assist with the application process.

All Documents Necessary Before Apps Will Be Processed

Applications, including all necessary documentation, must be completed and submitted BEFORE the GLO and its partners will begin processing it for eligibility. Each application submitted must be individually evaluated to determine eligibility. Please use this checklist for reference whether you live inside or outside of the City.

Without enough qualified applicants, GLO will be forced to send the money back to Washington. So hurry, before the money goes away or runs out.

What to Expect

Potential applicants can watch this video about What to Expect.

The GLO created this video about homeowners who received assistance through this program. Here’s another showing a homeowner who just received keys to a rebuilt home.

Posted by Bob Rehak on 3/15/2021

1295 Days since Hurricane Harvey

Bens Branch Clean-out North of Kingwood Drive Already 40% Complete

As of this morning, Stuart Consulting Group (a project manager for Harris County Flood Control) estimates that clean-out of Bens Branch between Kingwood Drive and Rocky Woods Drive is 40% complete.

1500 Feet Complete from Upstream Starting Point

According to Jose Pedraza who works for Stuart Consulting, the contractor began work at the upstream/Rocky Woods Drive end of the site and is moving downstream. So far, they have completed about 1500 linear feet of work on both sides of the stream.

At the start of the project, surveyors found that accumulated sediment had severely constricted the conveyance of the channel.

*Ben’s Branch at start of project in January. The area between the red lines filled with sediment since Friendswood first constructed the ditch in the 1970s.*

*Looking south from between Rocky Woods and Valley Way Drive.* *This is how the section above looks today from a drone.* *Photo taken 3/13/2021.* *Note Kingwood High School in upper right.*

*Farther downstream, looking east toward Kingwood Town Center in background. Contractors have just started working on this reach of the stream.*

*Looking back upstream toward the west and Kingwood High School, you can see same reach from the opposite direction.*

Work to Date Has Included…

So far, the contractor has:

Conducted excavation and off-site disposal
Installed import fill, 3×5 granular fill, and grade 1 riprap
Graded channel side slopes on both sides of the channel for 1500 linear feet.

Expected Completion by July 4 or Earlier

Due to weather and other small delays, projected duration of the job increased from 150 to 168 days. Expected completion was extended to July 4, 2021. However, based on recent on-site inspection reports, work is now moving faster. So, with luck, the finish date may be pushed forward into June once more.

Preserving Property, Tax Dollars

Homes on both sides of this stream flooded during Harvey. So did Kingwood High School. The building flooded to the second floor. It suffered $67 million dollars in damages and lost another $10 million in contents.

Hopefully, this project will reduce flood risk. Conveyance of the channel had been reduced from a 100-year level of service to a 2-year level in some places. A 2-year level of service means that the creek will flood in a 2-year rain. The goal of this project is to restore the channel to its original conveyance capacity. That includes straightening, widening and deepening clogged parts of the channel.

Posted by Bob Rehak on 3/15/2021

1294 Days after Hurricane Harvey

NWS Says Chance of San Jacinto River Flooding in Next Three Months is Minor

The National Weather Service (NWS) predicts only minor flood risk for both the West and East Forks of the San Jacinto through the end of May. That’s the good news.

*NWS predicts only minor long range flood risk for the East (38.85%) and West Forks (26.22%) of the San Jacinto.*

Drought Conditions Expanding Across Texas

But there is a downside: potential drought.

The reason for the low risk has to do with a below-average rainfall pattern across much of Texas. The Texas Water Development board posted two stories in the Texas Water Newsroom last week about the potential for drought. Large parts of the state are already severely behind on rainfall for the year and the pattern is expected to continue through May when weakening La Niña conditions could return us to normal.

*Source: Texas Water Development Board as of end of February 2021.*

The map above shows that most of the Houston area has received about 90% of expected rainfall year to date. But large parts of the state have received less than 20%. TWDB predicts those dark areas on the map will expand at least through May. At that point, TWDB predicts only the extreme eastern part of the state will not be in some kind of drought condition.

At the end of February, drought covered just over half the state, according to the TWDB. Statewide storage in our water-supply reservoirs is at 82 percent of capacity, about three and a half percentage points less than normal for this time of year.

Drought Relief Could Come as La Niña Fades

Says Dr. Mark Wentzel, Texas Water Development Board Hydrologist, “The National Weather Service anticipates drought expansion across all but the eastern edge of the state by the end of May. Looking a little farther out there is some good news. La Niña conditions, that are at least partially responsible for drought in Texas, are expected to dissipate after April.”

So, the river flooding outlook could be very different by Hurricane season this year.

Did snow in February not help? Not really. Wentzel points out that snow is mostly air. It takes up to a foot of snow to equal and inch of rain.

Posted by Bob Rehak on 3/14/2021

1293 Days since Hurricane Harvey

Eight Bills Introduced in Texas Legislature This Year Affect Sand Mines

Yesterday was the last day for lawmakers to file bills for the 87th Texas legislative session. Eight bills have been introduced to curb abuses of aggregate production operations, which include sand mines. Five address reclamation of mines in various ways.

Huberty’s HB4478: Reclamation and Performance Bonds

Dan Huberty from the Lake Houston Area introduced HB4478 which addresses abandonment of sand mines. Many miners simply walk away from mines leaving abandoned, rusting equipment in place and dangerous conditions. Huberty’s bill would require mines to file a reclamation plan before they start mining and also post a bond ensuring they actually execute the plan. Currently, mines are required to file a plan, but there is no requirement in Texas to execute it. Miners can simply walk away from mines after they extract the last ounce of sand. That can leave scars on the landscape, degrade water quality, and threaten public safety.

Huberty’s HB767: Best Practices

Huberty also introduced HB767, a bill that would require the Texas Commission on Environmental Quality to establish and publish best management practices for sand mining. However, it does not require sand mines to follow the practices. While that’s disappointing, it could bring heat to operations that don’t follow the guidelines.

Biederman’s HB4341: Changes Responsibility for Oversight

Representative Kyle Biederman from Fredericksburg introduced HB4341, a bill that would transfer regulation of aggregate production operations from the Texas Commission on Environmental Quality (TCEQ) to the Texas Railroad Commission (TRRC). The bill gives the Railroad Commission the right to conduct unannounced inspections to ensure compliance with water and air quality regulations. Biederman’s bill also mandates reclamation of mines, but includes more specifics than Huberty’s. Finally, it provides criminal penalties for people who knowingly and willfully violate conditions of their permits. The big news: transfer of oversight responsibility from the TCEQ to TRRC. If it passes, it will be a resounding vote of “no confidence” in the job that the TCEQ has been doing in regulating sand mines.

Zwiener’s HB2422: Limiting Location of Mines

Representative Erin Zwiener from Kyle introduced HB2422. Her bill applies to counties with a population of 500,000 or more. It would allow county commissioners to prohibit the construction or expansion of an aggregate production operation at a location less than one mile from a residence, school, place of worship, hospital, or land platted for residential development. The bill would also allow commissioners to establish conditions for the construction or expansion of mines elsewhere in the county.

Murr’s HB291: Reclamation and Performance Bonds

Representative Andrew Murr from Kerrville introduced HB291. It also focuses on reclamation of mines. It would require the grading of banks, revegetation, and removal of equipment upon completion of mining. The bill would also require operators to reclaim mines in stages as extraction activities on different parts cease. It would give miners a deadline for reclamation, too: six months. Finally, it would require a performance bond equal to $2,500 for each acre affected by extraction activities. Upon completion of reclamation activities, the TCEQ would release the performance bond. Cities and counties would have the right to waive the reclamation requirement if reclamation conflicts with proposed future uses of the land.

*Abandoned dredge left at abandoned Texas Concrete Sand & Gravel Mine in Plum Grove on San Jacinto East Fork.* *Photographed 3/3/2021*

Guillen’s HB1544: APO Taxation

Representative Ryan Guillen from Rio Grande City introduced HB1544. It addresses the tax classification of land used for sand mining. The language is confusing and an analysis of the bill has not yet been submitted. However, it appears to state that sand mine, once it meets requirements for reclamation, may revert to a property tax rate associated with open space, such as agriculture. The bill lays out some unique requirements for reclamation not discussed in the other bills here. While this seems to give sand miners a positive incentive to restore land, I’m not sure how much. In Montgomery County, the tax appraiser routinely grants ag exemptions to land used for sand mining.

Wilson/Schwertner’s HB1912/SB1209: Permit Requirements

HB1912 filed by Representative Terry Wilson of Georgetown establishes additional permit requirements for aggregate production operations. They affect air quality, light pollution, noise, blasting, dust, and other operational issues identified by the House Interim Committee on APOs back in January.

State Senator Charles Schwertner from Bryan introduced SB1209. It is an identical companion bill to HB1912. Companion bills increase the chance of passage by broadening the base of support in both houses.

During the 86th Legislature in 2019, TACA beat back all reasonable attempts to regulate sand mining. Let’s hope for the sake of everyone’s health and property values that this session has more success. I will keep you posted.

Posted by Bob Rehak on 3/13/2021

1292 Days since Hurricane Harvey

Why Does Flood-Mitigation Funding Take So Long?

On Tuesday this week, Harris County Commissioners Court erupted into heated discussion over flood-mitigation funding for Halls and Greens Bayous. Construction delays had to do with the length of time for awarding grants from the U.S. Department of Housing and Urban Development (HUD). Then, in a cosmic coincidence, yesterday, the Texas General Land Office (GLO) sent out a press release announcing $135 million in HUD flood mitigation grants – for 2016 floods that happened under President Obama.

Ironically, the GLO press release pointed out that 2016 grants were for repetitively damaged areas. And in the five years since the 2016 floods, we’ve also had Hurricane Harvey, Tropical Storm Imelda, and a record-setting 2020 hurricane season.

Reading the release felt like getting hit by three buses while waiting for the ambulance to arrive. That prompted a call to the GLO, which administers HUD grants in Texas. I asked a simple question.

“What Takes So Long?”

When I asked the GLO “Why does flood-mitigation funding take so long”, they referred me to this page. Key takeaways include:

Congress didn’t appropriate money for Disaster Declarations in 2015, 2016 and 2017 until February 9, 2018.
Texas received $4.3 billion from the U.S. Department of Housing and Urban Development for all those years.
Before the GLO could distribute those funds, it had to wait for HUD to develop and publish rules in the Federal Register governing the distribution of those funds. That took 1.5 years.
Then the GLO had to develop a state action plan. That required developing another set of rules, holding public meetings around the state, soliciting public comments, responding to the comments, and getting HUD approval of the plan. HUD finally approved the state action plan on March 31, 2020.
Then GLO had to translate the plan into Spanish, Chinese, Arabic, Vietnamese, and Korean before publishing it.
To be fair to everyone across the state, GLO then holds a “competition” to find the most worthy projects. The criteria for “worthiness” include multiple factors. But the biggest in HUD grants are: percentage of low-to-moderate income families being helped, how economically distressed an area is, and total expected benefits for dollars invested. For instance, when comparing applications for a $10 million grant that will help 1,000 families to a grant for the same amount that will help a 100,000 families, the latter would win.
But to determine that kind of information, applicants need to conduct preliminary engineering studies before they can even file applications.
The GLO must wait for all applications to be submitted, evaluate the applications, rank order them, and see how many will fit within available funding. In the case of the grants just announced, the GLO received requests for almost TWICE as much funding as they had available. The average over the years exceeds 3X. For Harvey, it was 5X.
HUD must then review and approve the grants.
GLO distributes the money.
Finally, mitigation projects can begin.

Are All These Steps Necessary?

When you look at the list above, each step sounds reasonable. But there may be ways to collapse steps and speed up the flood-mitigation funding process. Why, for instance, do you need 1.5 years to publish rules specific to these floods in the Federal Register? Why not have a generic set of rules for all floods and adapt the boilerplate as needed?

I also asked if a way existed to shorten the process by eliminating the competition. After all, its easier to approve one application than compare it to hundreds. Their reply: “Competitions are the only fair way to do it.”

Should We Go Back to Earmarks?

The current competition system replaced an earmark system whereby Congress directly allocated funds to certain projects in certain districts. Earmarks sped up construction, but had many problems of their own. For instance, unnecessary projects often went to the districts of congressional leaders. That sometimes deprived other areas with greater needs.

However, the competition system for flood-mitigation funding has obvious problems, too. It has spawned whole industries of grant writers, project managers and people who know how to navigate traps in the convoluted application process.

I talked to one project manager today who told me about a grant that cost more to apply for than the grant was worth.

Hopefully, that doesn’t happen often. But when it does, we have proof that bureaucracy has become more important than the taxpayers it serves.

More about GLO/HUD Grants Announced This Week

For the record, out of the $135 million in grants announced yesterday, Harris County received $10 million for cloverleaf drainage improvements in Carpenters Bayou. City of Houston received $8.2 million for flood mitigation in the Alief Forest Area. Baytown, Freeport, Sweeny, and Jacinto City also received grants.

This table shows where the money went.

*For descriptions of individual projects, please* *click here*.

*Texas Counties Affected by 2016 Floods*. *MID stands for Most Impacted and Distressed Areas.*

Hurricane Harvey Competition Results Not Yet Announced

Winners of the first round of the Hurricane Harvey Mitigation Competition are expected to be announced in late spring or early summer. The GLO received 220 extensive applications totaling more than $5 billion in requests for the $1 billion in available funding (Round 1).

The Hurricane Harvey State Mitigation Competition for flood-mitigation funding is open to cities, counties, COGs, state entities, and special purpose districts. Examples of projects include flood control and drainage improvements, infrastructure improvements, green infrastructure, public facilities, and buyouts. Each proposed project must have a total proposed cost between $3 million to $100 million.

What We Need

Getting disaster relief 5-10 years after the fact is the largest disaster of all. We need Congress to reform the process to speed up the delivery of flood mitigation funding. How many homes and businesses that flooded in 2015, flooded again in 2016, 2017, 2019 and 2020? And what were the associated costs? Did repeat-flooding damages for these years due to funding delays cost more than the amount of mitigation funds appropriated by Congress? Somebody, somewhere has that information.

Posted by Bob Rehak on 3/12/2021

1291 Days since Hurricane Harvey

What Next for Woodridge Village, Taylor Gully

When Harris County and the City of Houston closed on the purchase of Woodridge Village, flood victims in Elm Grove, North Kingwood Forest and along Taylor Gully were elated. Harris County purchased the land to create a regional floodwater detention basin. That immediately raised questions about what comes next and when?

Public Input

Although an exact date has not yet been announced, the Harris Count Flood Control District (HCFCD) plans to hold community engagement meetings in the near future.

The first will occur early in the development of the Preliminary Engineering Report (PER). The goals: to inform the community of each project’s purpose and receive community input during preliminary engineering.

A second meeting will occur once the final draft of the preliminary engineering report is complete. Its purpose: to present the results to community.

HCFCD will also communicate with local groups such as homeowner associations and the Kingwood Service Association in regularly scheduled virtual meetings as needed. Those will provide project updates and information about other Flood Control District efforts (e.g., buyouts, maintenance projects, smaller capital projects) in the Kingwood area throughout the PER process.

The Flood Control District will also identify opportunities to participate in regularly scheduled meetings and develop project-specific presentations to convey project information and proposed project features.

First Engineering Firm Already Selected

The engineering firm elected to develop the Preliminary Engineering Report for Taylor Gully improvements, IDCUS, will also consider Woodridge Village within its scope of work. IDCUS will consider what detention volume can be achieved on the Woodridge Village property and how that would affect the Taylor Gully project.

The Flood Control District plans to set up a separate project with a different consultant team to provide the detailed design services for the proposed detention basin.

Role of Rustling Elms Bridge in Flooding to Be Examined

Many residents have observed that the bridge over Taylor Gully at Rustling Elms seems to be a choke point that backs water up into surrounding homes. HCFCD will examine the role of the bridge in flooding. But, said Matt Zeve, Deputy Executive Director of HCFCD, “I cannot guarantee that the recommended plan will include any modifications to Rustling Elms.”

*Looking downstream at the Rustling Elms Bridge over Taylor Gully during peak of May 7, 2019 flood. Note how water downstream from the bridge is within banks, but water upstream is overflowing.*

The different heights of water above and below the bridge relate its design. See below.

*Looking upstream at same bridge at later date, you can see how the twin-culvert design severely restricts flow.*

However, retaining more water upstream might eliminate the need to make any costly changes to the bridge. Everything works together. It’s just too early to tell.

Other Changes Being Considered

The Flood Control District is considering a regional stormwater detention basin for the Woodridge Village site. A portion of the property will be owned by the City of Houston for a future wastewater treatment plant.

Looking south across the main portion of Woodridge Village toward homes that flooded twice in 2019. HCFCD will have the southern two thirds of this property (toward the top of the photo) to use for a regional detention basin.

Other amenities could be considered for the site, but would require a partner to construct and maintain those amenities. “The Flood Control District does not design, construct, or maintain amenities such as dog parks, trails, playgrounds, or sports fields,” said Zeve. However, HCFCD expressed a willingness to meet and work with community groups to discuss potential partnerships and make sure that input is included in design considerations.

Atlas 14 Will Form Basis of Design

Perry Homes sized detention ponds currently on the site to meet pre-Atlas-14 requirements. That means their detention capacity will fall about 30-40% short of Atlas-14 requirements. Montgomery County’s Atlas-14 requirements are lower than Harris County’s. When asked about this, Zeve responded, “HCFCD will use Atlas 14 rainfall rates for our designs even if the watershed area is not in Harris County.” That should provide some extra capacity that provides a buffer against additional upstream growth in the watershed.

Could Excavation Start Before Hurricane Season?

The Flood Control District will sometimes starts excavation on sites before final design plans are completed. HCFCD uses this program frequently to get a head start on excavation for large stormwater detention basins. “The District may not have enough time to get that program up and running by June 1, 2021, but we can certainly provide updates on this effort via our website,” said Zeve.

Posted by Bob Rehak on 3/11/2021

1290 Days since Hurricane Harvey