GLO Suggests Plan to Streamline Flood Mitigation in Harris County

Citing the urgent need to spend half of a billion flood-mitigation dollars quickly, the Texas General Land Office (GLO) has made a common-sense suggestion to streamline flood mitigation in Harris County. It recommended making Harris County Flood Control District a “direct recipient” (rather than a “sub-recipient”) of the half billion dollars carved out of $750 million awarded to the County in 2021.

Harris County Commissioners put Community Services, not Flood Control, in charge of managing the $750 million award. But Flood Control is spending two thirds of the money.

The GLO suggestion would streamline working relationships, speed up mitigation, and give Harris County a fighting chance to spend the money before the deadline.

Following the Money

In May 2021, the GLO recommended allocating $750 million of U.S. Department of Housing and Urban Development (HUD) money to Harris County for Harvey mitigation and recovery. In March 2022, HUD approved the recommendation.

Later that year, Harris County Commissioners Court decided to have its Community Services Department (CSD) administer the funds rather than Harris County Flood Control District (HCFCD).

Since then, CSD recommended giving two-thirds of the money to HCFCD and distributing the rest to various entities within the county. But so far, CSD has only received one application from a potential partner. And six years after Harvey, none of the money has yet been spent moving dirt to reduce flood risk for Harris County residents.

Meanwhile, the county is under HUD deadlines to use the money quickly or lose it.

So, on June 20, 2023, Mark Havens, Deputy Commissioner of the GLO, asked County Judge Lina Hidalgo to make HCFCD a direct recipient. Hidalgo reportedly did not reply to the letter.

The change would shorten lines of communication and reduce layers of administration while speeding up mitigation, protecting residents, and hopefully beating the imminent HUD “use it or lose it” deadlines.

Going into the third year since the announcement of the $750 million flood-mitigation award, none of the money has yet been spent.

Commissioners Court Will Discuss Issue on Tuesday

After more than six months of deliberation, CSD eventually allocated $502.5 million to HCFCD from the $750 million. CSD was then going to allocate most of the rest to unspecified sub-recipients within the county after soliciting applications from potential partners.

However, on next Tuesday’s Commissioner Court agenda, Item 401 reveals…

CSD has found only one entity interested in applying for any of the remaining money in more than six months.

Backup to Harris County Commissioners Court Agenda Item 401

The July 18 Commissioners Court agenda also contains a motion by Precinct 2 Commissioner Adrian Garcia to approve the GLO proposal. See Item 331.

The County is under two “use it or lose it” deadlines for the funds. And GLO is under pressure from HUD.

How NOT to Advertise for Applications

As of this morning, 7/16/23, CSD’s web page that solicits applications has not been updated for two months. It still talks about a May 4th meeting in the future tense.

Screen Capture from solicitation announcement page on 7/16/23.

It also contains some hysterical typos in the first line above. “Applicant’s Conference” singular? “Question” singular? They expected to have only one attendee and one question!?

Worse, it takes a lot of work to find the application web page. CSD’s home page has no direct link. The architecture of CSD’s site revolves around consumer issues such as rent relief and bus ridership, not applicants for mitigation projects.

To get to the $250 million pot of gold at the end of this rainbow from the CSD Home Page, one must click on:

  • Links
  • Harris Recovery (a separate web site)
  • CDBG-MIT

Not very intuitive! CSD blames the lack of response on a $20 million funding limit. That may be so. But the first rule of sales is, “Make it easy for the customer.” And that certainly didn’t happen here.

Projects Put on Hold While $250 Million Sits on Table

Management turnover has also plagued CSD. Under Lina Hidalgo, the department has had six different directors in 4.5 years.

To make matters worse, under Hidalgo, HCFCD has had four leaders in the last TWO years.

Meanwhile HCFCD is still looking for money to complete projects in low-to-moderate income neighborhoods. Moreover, Harris County Engineering is putting subdivision drainage projects on hold for lack of funding. And all this is happening while a quarter of a billion dollars is still sitting on the table.

I hope Judge Hidalgo, Commissioner Garcia and Commissioner Ellis can connect those dots and streamline flood mitigation quickly.

Posted by Bob Rehak on 7/16/23

2147 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.

How Floods Can Leave a Lasting Legacy of Loss

Long after floods recede, the residue of toxic chemicals carried by the water can leave a lasting legacy of loss. It can remain in homes and yards, affecting the health of both homeowners and neighborhoods. During Hurricane Harvey, for instance, sewage contaminated the cleanups of both Kingwood College and Kingwood High School. Decontamination, cleanup and repairs took years in each case. But individual residents often don’t have the money to afford expensive decontamination.

Flooding Near Rail Yards and Creosote

One of the most heartbreaking cases in the City of Houston/Harris County has to do with a controversial, decades-long creosote/dioxin cleanup effort associated with the Union Pacific Railroad yard in the Fifth Ward. The Texas Department of Health Services has identified several cancer clusters in the area. And the types of cancers found near the former “Wood Preserving Works” at 4910 Liberty Road in Houston have been associated with the types of chemicals used on the site for decades.

Wood Treatment Facility was located at far end of this yard.
FEMA flood map shows how tracks constrict the flow of floodwaters in Hunting Bayou. Water flows from upper left to lower right. Tan = 500 year floodplain. Aqua = 100 year.

Residents interviewed for this article discussed several pathways for possible contamination: airborne dust, groundwater, floodwater/runoff, and clothing of workers. Site runoff mixed with floodwater appears to be one of the most likely.

The map above and the photos below clearly show that the site is elevated compared to surrounding neighborhoods. And residents tell stories of multi-colored sheens on runoff channeled through their streets.

Dueling Studies

UP inherited the site in 1997 after a merger with Southern Pacific. Southern Pacific treated railroad ties with creosote at the site between 1899 and 1984. The creosote is a preservative that keeps ties from rotting and causing derailments.

Union Pacific says it has has found no relationship between the site and cancer clusters in surrounding neighborhoods after 30 years of study.

However, in 2020, the Texas Department of State Health Services published a study covering the years from 2000 to 2016. The study compared cancer rates in the area near the rail yards with those throughout Houston and Texas as the baseline. Researchers identified several cancer clusters in the Fifth Ward neighborhoods you see above.

But UP questions the validity of that study. The company claims that “The area also includes an industrial complex containing about 200 TCEQ-regulated cleanup sites and two superfund projects. The former Houston Wood Preserving Works site represents 33 acres, or less than .4 percent of the total cancer-cluster territory.”

In February 2023, the EPA demanded yet another study as the two sides locked in a stalemate.

Mayor Says “We Know Enough”

Then yesterday, Houston Mayor Sylvester Turner held a press conference. He escalated the conflict. Turner, who has just five months left in office, says he supported the additional study but, “we have studied the problem enough. The time for action is now. Time is the enemy.”

Turner urged relocating people in the most contaminated areas closest to the site. He emphasized finding safer places in the same general area to reduce the impact of relocation.

“Let me emphasize this,” said Turner. “Time is the enemy of people living in the highly exposed and dangerous zone with limited means to do anything else. How many more people must be diagnosed with cancer? How many more people – and specifically, how many more children – must die? How many more families must be trapped in a known danger zone while we watch, test and litigate? The city cannot and will not continue to wait until we know every single thing.

The Mayor continued, “We know enough. The cancer cluster is clear. The presence of creosote beneath homes at levels above cleanup standards is clear. The presence of elevated levels of cancer-causing dioxin detected at some homes through the city’s limited studies is clear. You simply can’t wait for the test to be completed, and watch and litigate it, and then start the process further down the road.” 

Mayor Recommends Relocating Residents within 2-3 Block Radius of Site

“Today, I’m announcing a strike-force team composed of representatives of the city’s Health and Human Services, Housing and Community Development, Real-Estate Recovery, and legal teams, along with outside sources. They will begin work in earnest on a program to help relocate residents living above the creosote plume and in a 2 to 3 block radius around the site.”

If the results of the EPA’s Union-Pacific investigation reveal broader areas of impact, Turner says the program will be expanded to help those people, too.

Turner concluded with a personal anecdote that related to his own experience with cancer. He said that with cancer, “Time is your enemy.” That’s why he wanted to get people out of harm’s way who can’t fend for themselves.

Lasting Legacy of Loss – Case After Case of Cancer, Boarded Up Homes

When I flew over the UP site last year, I was astounded by its size. Ken Williams, chairman of the Harris County Community Resilience Flood Task Force who lives nearby, introduced me to some people in the neighborhood, including Keith Downey, the local Super-Neighborhood Council President.

They gave me a tour. It was one of my more gut-wrenching experiences since Harvey.

I also met a young lady, Sandra Edwards, who grew up across the street from the UP site. She walked us up and down the block, stopping in front of each house, to tell us the stories of the occupants. Within a half block, we counted about a dozen neighbors who had died or were dying from cancer.

Sandra Edwards, concerned neighbor turned activist
Every other home it seemed was abandoned.
One that wasn’t abandoned had children’s play equipment in the front. But the EPA warns not to let kids play in the dirt because of soil contamination.
Many of the homes had reportedly been victimized by arson. Edwards talked of a developer trying to buy up properties to redevelop the neighborhood whose future is still in doubt.
Edwards in front of former creosote site. Note slope. Water runs into neighborhood according to Edwards.
Looking NNE across creosote site. Note Fleming Middle School five blocks north, left of center near top of frame.

I returned to the neighborhood several times between July and December to photograph the progress of cleanup.

Toxic waste cleanup on creosote site
In November, cleanup was still going strong.
Note the covered dumpsters to keep excavated dirt from blowing out. Also note plastic liners under dumpsters to keep polluted rainwater from soaking back into soil.

Many of the people living here inherited homes that their parents or grandparents owned before there was an EPA and people knew about the dangers of substances such as creosote and dioxins.

This lasting legacy of loss has been developing for decades. It could be decades more before the parties find a mutually agreeable solution.

Check back for more news as it develops. For more information see this list of studies conducted by the Houston Health Department.

Posted by Bob Rehak on 7/14/23

2145 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 MoCo Commissioner Matt Gray Discusses Development, Drainage Plans with Kingwood Group

New Montgomery County Precinct 4 Commissioner Matt Gray addressed a breakfast meeting of the Kingwood Executive Group today. Gray, who comes from the oil-and-gas industry, has a background in managing large maintenance/construction projects. Just six months into his new job, he has wasted no time in applying that expertise to Montgomery County.

The no-nonsense, get-it-done commissioner emphasized both service to constituents and action.

Balancing Development and Drainage

EPA research suggests that highly urbanized areas can increase stormwater runoff by 45% while reducing infiltration by 50%. And Matt Gray’s precinct is rapidly becoming urbanized. He began his talk with some alarming statistics about growth in his Precinct 4 which borders the Lake Houston Area.

Entergy, a worldwide power provider which also services Montgomery County, says the average growth rate for its network is 1.7%. But during the last three years, MoCo Precinct 4 has had an average growth rate between 5% and 7%.

Montgomery County Precinct 4 Commissioner Matt Gray addresses Kingwood Executive Group
Matt Gray addressing Kingwood Executive Group on 7/12/23.

Entergy claims they have installed more meters in Precinct 4 than they have in the states of Mississippi and Arkansas combined.

Matt Gray, MoCo Precinct 4 Commissioner

All that development is happening upstream from the Lake Houston Area. Moreover, the rest of Montgomery County drains through Precinct 4. So, simultaneously managing growth and drainage have become two of Matt Gray’s key concerns.

Gray talked about working with engineers revising/updating the Montgomery County drainage criteria manual and subdivision rules. He affirmed the need for stormwater detention requirements that will protect not only his own residents but those downstream as well.

Another huge issue: siltation that affects both roadside ditches and local streams. Gray has mobilized crews to make sure water can drain efficiently.

Since assuming office in January, Gray has launched an aggressive effort to clear ditches of accumulated sediment.

Road Improvements, Evacuation Routes

Mindful that many people in both Harris and Montgomery Counties use his roads as evacuation routes, Gray also addressed at length road improvement projects in southeast Montgomery County.

He’s focusing on arterial improvements.

  • Crews are already widening Ford Road.
  • He’s working with TxDoT to improve access between Highway 99 and other major arteries.
  • Northpark Drive widening and the construction of a Loop 494/Railroad overpass should begin any day now.

Such projects will improve key evacuation routes during storms as well as the everyday quality of life for residents and commerce for business owners.

Other Priorities, Wish List

Gray’s other priorities include:

  • Cleanup and beautification
  • Repaving/restriping roads
  • Improving park maintenance
  • Mosquito control
  • Construction of a recycling center which would include the handling of old appliances

This presentation catalogs Gray’s impressive list of accomplishments during his first six months as well as his wish list for the future.

Gray in the tan blazer, front row, surrounded by members of the Kingwood Executive Group.

Importance of Working Together

An interesting side note that underscores the importance of working across the county line! The meeting room this morning flooded to the top of the photo above. It cost the Kingwood Country Club more than $50 million to renovate the facility after Harvey. The renovation took almost exactly two years.

The club was just one of 3,300 businesses in the Lake Houston Area that flooded in that storm, which also damaged 16,000 homes.

I’ve written several stories recently about cut-throat politicians pursuing self-interest. So, it’s refreshing to see someone in Gray’s position, willing to work across jurisdictional boundaries for the benefit of all. Good luck, Matt Gray.

Posted by Bob Rehak on 7/12/2023

2173 Days since Hurricane Harvey

65% of Harris County Flood-Bond Projects that Lost Funding Are in Precinct 3

Harris County has put 37 of 93 subdivision drainage projects associated with the $2.5 billion 2018 Flood Bond on hold.

Reasons include:

  • Lack of funding
  • Inflation
  • Shortfalls in expected partner contributions
  • Constructibility of some projects
  • Social-vulnerability scores within the County’s Equity Prioritization Framework.

Of the 37 projects whose funding was cut, 24 were in Precinct 3 – a whopping 65 percent.

Technically, the projects have not been “cancelled.” The county has just run out of money to do them. But it has set no deadline for revisiting the projects on hold; is diverting HCTRA backstop funding for other uses; has articulated no other plan for raising additional funds; and is submitting projects for HUD funding that weren’t in the flood bond.

Here’s the explanation for the motion approved by Commissioner’s court on 2/21/23.

Did Your Project Get the Funding Ax?

The following three tables show the projects put on hold. (Note: six are duplicated between tables 2 and 3.)

Table One: Cuts based on feasibility and non-co-operating partners. Source: Harris County Commissioners Court.
Table 2: So-called Equity cuts. Source: Harris County Commissioners Court.
Table 3/Part A. More so-called Equity cuts, also approved by Commissioners Court.
Table 3/Part B.

Commissioners court cut funding for projects in all three tables.

Impact of SVI Threshold on Disproportionate Budget Cuts

The deciding factor in many cases was the area’s social vulnerability index (SVI), which measures English language fluency plus minority and ethnic concentrations.

Precinct 3 Commissioner Ramsey argued to lower the SVI requirement for these projects to 50%. That would have met HUD requirements and also meant fewer budget cuts for Precinct 3.

But his Democratic colleagues proceeded to set the threshold at 75%, resulting in the lopsided cuts. The chart below shows how dramatically that affected Equity Prioritization Index rankings in the tables above.

Ramsey Looking for Other Sources of Funding

Ramsey has been beating the bushes to find more money. Recently he got a commitment from Texas General Land Office Commissioner Dawn Buckingham to ensure $825 million in HUD funds going to Harris County Flood Control would be distributed equally among all precincts.

That should help fund several Precinct 3 projects and perhaps free up money for some of the subdivision drainage projects put on hold.

Drowning in the Semantic Wilderness

Ironically, even as others throw roadblocks in the way of Precinct 3 projects, HCFCD insists no projects will be cancelled.

Screen capture on 7/11/2023 from HCFCD webpage about the Equity Prioritization Framework as it applies to subdivision drainage projects.

But according to this motion, they will be paused, put on hold, and have their funding cut.

Harris County Engineering, Flood Control, Daniel Ramos from the Office of Management and Budget and the Harris County Toll Road Authority all recommended the funding cuts on 2/21/23.

Their rationale: It will provide funding certainty for the highest ranked projects using the Equity Prioritization Index and free up the Toll Road Funds for other uses. The toll road funds were backstopping bond funds.

The county made these recommendations even as it was planning to spend HUD dollars on projects NOT in the flood bond.

Unfortunately, six years after Harvey, no large pots of money remain out there dedicated to the storm. Ramsey has his work cut out for him against 4-1 odds.

Is Race-Based Funding Even Constitutional?

To justify the unequal cuts, the other three commissioners and county judge relied on complicated race-based formulas that favor minorities. Then they justified the funding cuts with the usual misleading “worst first” mantra when they aren’t even measuring actual flood damage.

The recent Supreme Court Ruling on Affirmative Action calls into question whether race-based funding is even constitutional.

I’m eager to hear from lawyers on the constitutionality of distributing billions of dollars on the basis of racial discriminators, such as SVI.

Posted by Bob Rehak on 7/11/23

2142 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.

HUD Clouds Future of Flood-Mitigation Funding in Texas

The U.S. Department of Housing and Urban Development (HUD) has clouded the future of dozens of Texas flood-mitigation projects worth billions of dollars.

HUD has alleged racial discrimination by the Texas General Land Office (GLO), which distributes HUD money in Texas. HUD based its finding of discrimination on complaints by two advocacy groups. The complaints stem from a statewide competition – the first of several rounds of HUD awards relating to Hurricane Harvey.

Now, deadlines for actually spending the money are fast approaching. But the uncertainty created by the racial discrimination allegations is causing entities that won HUD grants to question whether HUD will revoke funding and leave half-completed projects in limbo.

The GLO vehemently denies all allegations of discrimination and points out that:

  • HUD imposed the key rule governing competition for grants now in dispute
  • HUD approved the competition’s scoring criteria
  • More than two thirds of the beneficiaries of the funds are Black and Hispanic
  • 100% of the mitigation projects benefitted communities with a majority of low-to-moderate income (LMI) residents, when only 50% was required
  • GLO and HUD ultimately awarded Houston-area entities about $1.5 billion.

Allegations by Texas Housers and Northeast Action Collective

According to the Houston Chronicle, two advocacy groups (Texas Housers and the Northeast Action Collective) filed charges of racial discrimination after the first round of Harvey grant awards in 2021. They allege that the Houston area got zero dollars and are standing by their accusations, despite all the money the area received at the time and since then. (See amounts in timeline below.)

When developing the competition for Harvey grants, HUD insisted that the GLO could not base awards on actual flood damage. Regardless, Texas Housers and the Northeast Action Collective complained that rural areas received the majority of funding even though Houston and Harris County had the majority of flood damage.

After results of the competition became apparent, GLO attempted to remedy the rural/urban disparity by recommending to HUD that $750 million in remaining Harvey competition funds should go to Harris County – without a second competition. HUD approved.

GLO also recommended increasing the amount going to the Houston-Galveston Area Council (H-GAC) from the Regional Mitigation Program. H-GAC’s allocation more than doubled from $209 million to $488 million – again without a second competition. And again, HUD approved.

Regardless, HUD’s “finding” of discrimination based on allegations by the two advocacy groups still stands. Moreover, HUD issued administrative subpoenas to depose GLO executives, even though the Department of Justice (DOJ) already reviewed the racial discrimination complaints and declined to pursue them.

This mess is like throwing trip wires in front of exhausted marathon contestants.

While GLO defended its actions with more than 1,000 pages of documentation, HUD has reportedly produced only a four-page letter laying out vague generalizations.

HUD has not responded to requests from the GLO or ReduceFlooding.com for specifics regarding the allegations.

Uncertainty, Fear of Clawbacks Slow Progress

After spending years and millions of dollars to win HUD grants, the award winners now face the specter of not having enough money to finish their projects should Texas Housers and the Northeast Action Collective succeed.

Imagine your bank rescinding a mortgage commitment after you bought a lot and began building a new home.

Worse, HUD could try to claw back the money that grantees have already spent. According to GLO, many of the smaller communities awarded grants don’t have the funds to pay back HUD should that happen.

Faced with that kind of uncertainty, some awardees are reluctant to start construction on their projects – even though they face two looming “use it or lose it” deadlines. The first is only three years away – barely enough time to complete many projects.

As a result, the GLO issued a scathing press release last week, accusing HUD of “destabilizing vital funding.”

Timeline: Who Got What, When?

Is all that chaos necessary? Not if you look at the final score as opposed to the first inning. Houston and Harris County received far more than “zero dollars.” See below.

2017: Harvey

Hurricane Harvey strikes Texas. Presidential disaster declaration.

2018: Congressional Action

On February 9, 2018, Congress approves mitigation funds for 2015 and 2016 floods as well as Harvey-eligible areas. Two months later, HUD allocated money to Texas.

2019: Federal Register Notice

On August 30, 2019, HUD finally published the Federal Register notice enabling the State of Texas to proceed in drafting an action plan for the CDBG-MIT funds. GLO then conducted a public outreach campaign and collected thousands of comments from 117 meetings and 936 individuals. 

2020: HUD Approves Action Plan

HUD finally approved the GLO action plan which called for conducting a statewide competition for funding. The scoring criterion included in the state action plan for distribution of the funds was approved by HUD on March 27, 2020.

May 21, 2021: First Awards

The first $1.1 billion was awarded in the statewide competition:

  • Harris County municipalities received $117 million, not “zero” as the Chronicle article and certain local politicians claimed.
  • More than two thirds of the funding went to Black and Hispanic communities, according to the GLO.
  • 100% of the mitigation projects benefitted communities with a majority of low-to-moderate income (LMI) residents.
May 26, 2021: Second Awards

A mere five days later, GLO requested a direct allocation of $1.2 billion without a competition for Harris County and H-GAC. That included:

  • $488 million for H-GAC to distribute to municipalities throughout the region
  • $750 million for Harris County.
March 18, 2022

HUD approves GLO request for second batch of awards. From its $750 million, Harris County will spend:

  • $97.5 million for administration and planning
  • $502.5 million for 2018 Flood Control Bond Projects
  • $100 million for Partnership Projects, i.e., with City of Houston
  • $50 million for Other County Flood Mitigation Projects.
June 6, 2023: Third Award

GLO recently reallocated $322.5 million in unspent disaster relief funds from Harvey to Harris County Flood Control for mitigation projects. This is in addition to $222,519,672 Harris County received in infrastructure funding from the initial CDBG-DR allocation. 

Still, the Chronicle article alleges that the GLO somehow ran afoul of of the Civil Rights Act and Fair Housing laws by giving the Houston area “zero.”

The DOJ took less than 48 hours to review and dismiss the claim. But the continued legal harassment by HUD is distracting the GLO from its vital mission as deadlines loom.

Could this be politically inspired? Two Houston-based politicians running for election next year have close ties to the groups making the claims. More on that in a future post.

Baseless Racial Discrimination Accusations Have Backfired

Despite the vast majority of Harris County flood-control spending since 2000 already going to LMI areas, the baseless charges of racial discrimination seem to have backfired on Texas Housers and Northeast Action Collective.

In one notable instance, the Northeast Action Collective brought more than a hundred members to a Commissioners Court meeting. They pushed the meeting into the wee hours of the next day, repeatedly demanding the resignations of key Harris County Flood Control executives. Since their resignations in 2021 and January 2022, flood control spending has steadily declined – exposing the constituents that the groups represent to more flood risk.

HCFCD Spending by Year since 2000
Data obtained from HCFCD via FOIA request. Covers 1/1/2000 through 3/31/2023.

And the effects are across Harris County. For instance, in the first quarter of this year compared to the fourth quarter of last year, spending was down in two thirds of the county’s 23 watersheds.

watershed spending increases/decreases between 4Q22 and 1Q23
Data obtained from HCFCD via FOIA Request. Only significant increase was in Greens Bayou watershed.

The HUD/Houser/Collective accusations could produce a similar outcome across Texas – backfiring again.

HUD refuses to discuss its allegations of racial discrimination. HUD did not respond to a ReduceFlooding request for an interview, nor would it meet with GLO Commissioner Dawn Buckingham MD.

Posted by Bob Rehak on 7/8/23

2139 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.

Hurricane Season Above Average So Far

NOAA’s National Hurricane Center issues a monthly Atlantic Tropical Weather Summary during hurricane season. For June 2023, it shows above normal tropical cyclone activity and and above normal accumulated cyclone energy (ACE) for the North Atlantic, Caribbean and Gulf of Mexico.

#4 for Year and Counting

Three named tropical storms (Arlene, Bret, and Cindy) formed in the basin during June. The report also shows an unnamed storm in January, that in retrospect appears to have been tropical in strength.  

Bret brought tropical-storm-force winds to portions of the Lesser Antilles, while Arlene and Cindy remained over open water and did not impact land.  

So far, seasonal activity has been above average based on the 30-year climatology (1991-2020), where a named storm typically forms about once every year in June. 

peak of hurricane season
Timing of hurricanes in the last hundred years shows peak at September 10.

In terms of Accumulated Cyclone Energy (ACE), which measures the strength and duration of tropical storms and hurricanes, activity in the basin so far in 2023 has also been above average compared to the long-term (1991-2020) mean.

Reports on individual cyclones, when completed, are available at the National Hurricane Center website.

Summary Table

Name                       Dates              Max Wind (mph)

———————————————————–

Unnamed STS*                                              

TS Arlene                  1-3 Jun                 40

TS Bret                  19-24 Jun                 70

TS Cindy                22-26 Jun                 60

———————————————————–     

* An unnamed subtropical storm formed in mid January. Exact dates and maximum winds will be provided once the post-storm analysis is complete.

As of this writing on 7/5/23, NHC predicts NO tropical storm activity anywhere in the Atlantic basin for the next seven days.

Predictions Vs. Actual

In May, both NHC and Colorado State University predicted that this tropical storm season would have about normal hurricane activity. Both sources cited conflicting trends as the basis for their predictions. We currently have above-normal sea-surface temperatures throughout most of the Atlantic basin. We also are now under the influence of an El Niño, which tends, in this latitude, to produce wind shear that discourages cyclone formation.

To improve predictions, NOAA has made a number of changes in reporting at the National Hurricane Center. They include new, improved models for hurricane forecasts and storm surge, longer-range hurricane outlooks, an excessive rainfall outlook, inundation mapping down to the street level, and improved data-collection technologies.

Posted by Bob Rehak on 7/5/2023

2136 Days since Hurricane Harvey

2023 Legislature Scorecard on Flood Issues: 2 Wins, 4 Losses, 1 Toss-up

The 2023 legislature scorecard, just five years after Hurricane Harvey, shows that flooding is fast becoming forgotten in Texas. Of the seven issues I tracked, the Lake Houston Area had two wins, four losses, and one that could be ruled a coin toss depending on your point of view.

In the Win Column

Let’s look at the good news first.

HB 1: More Floodgates for Lake Houston

Due to last minute heroics, HB 1 contained enough money earmarked for more gates to keep the project alive. A last minute phone-call campaign by hundreds of citizens making thousands of phone calls to key state legislators in the House and Senate succeeded in getting riders attached to the budget bill.

Few projects have inspired more hope among residents in the northeastern part of Harris County than the one to add more floodgates to the Lake Houston Dam. The Lake Houston Area Flood Task Force identified the project as one of the top priorities for the area.

The idea: to release water both earlier and faster in advance of major storms to create more storage in Lake Houston. Right now, Lake Conroe can release water 15 times faster than Lake Houston. And the release from Lake Conroe during Harvey was widely seen as one of the contributing factors to the flooding of so many homes and businesses in the Lake Houston Area.

The governor signed HB 1 on 6/18/23. It becomes effective on 9/1/23. With funding secured, Houston Mayor Pro Tem Dave Martin says final design on the gates is proceeding.

Lake Houston Gates Project
Lake Houston Gates Project
SB 1397: TCEQ Reforms

The TCEQ was under sunset review this year. No one proposed eliminating the TCEQ. But many people had ideas to improve it. They focused on two main areas: increasing transparency and improving enforcement.

The Sunset Commission recommended measures to improve public outreach, public notices, community input, and dissemination of public information, including the publication of best practices for sand mining.

The Commission also recommended updating the TCEQ’s enforcement practices to better focus on the riskiest actors and ensure staff treat potential violations consistently and based on severity. 

Breach in dike of Triple PG mine remained open for months, sending wastewater into Lake Houston. Texas Attorney General is now suing the mine.

The governor signed SB 1397 on 6/18/23. It becomes effective on 9/1/23.

In the Loss Column

SB 2431/HB 5338: Gulf Coast Resiliency District

These companion bills would have transformed the Harris County Flood Control District into the Gulf Coast Resiliency District. The new District would have been governed by a board appointed by the Governor instead of management hired by Harris County Commissioners.

The idea: to create regional solutions that benefitted all residents of Harris County, not just those that scored high on an equity formula.

The County fought the bill(s) tooth and nail. Each failed to get out of committee.

HB 1093: Financial Surety Guaranteeing Sand Mine Cleanup

The bill died in the House Natural Resources committee. It never even got a public hearing.

This bill would have required sand mining companies to post financial surety that would guarantee cleanup of mines before they were abandoned. Abandoned mines on both the San Jacinto East and West Forks are littered with the remains of once thriving operations. But when the sand played out, the miners walked away, leaving a legacy of blight for the public to clean up.

abandoned dredge
Abandoned dredge in mine on North Houston Ave. in Humble. Property is unfenced so kids can play on equipment.
HB5341: Lake Houston Dredging and Maintenance District

This bill also died in the House Natural Resources committee. House Bill 5341 would have created a Lake Houston Dredging and Maintenance District. Its purpose would be to remove sediment, debris, sand, and gravel  from Lake Houston and its tributaries to restore, maintain, and expand the Lake to mitigate storm flows. 

SB 1366: Flood Infrastructure Financing

This bill died in the Senate Finance committee. Senate Bill 1366 would have redirected surplus revenue from the economic stabilization fund to the Flood Infrastructure Fund. The State’s Flood Infrastructure Fund (FIF) has turned into one of the main sources of funding for Texas Water Development Board grants and one of the main ways that smaller counties and cities can fund flood projects. 

Passed but Failed
HB 1540: SJRA Reforms

HB 1540 passed. The bill implements reforms recommended by the Sunset Review Committee for the the San Jacinto River Authority. Many of those are good and needed reforms. They include provisions governing:

  • Gubernatorial designation of the presiding officer of SJRA’s board of directors;
  • Specific grounds for removal of a board member;
  • Board member training;
  • Separation of the board’s policy-making responsibilities and the staff’s managementresponsibilities;
  • Maintenance of complaint information; and
  • Public testimony at board meetings.

Approval should have been a rubber stamp. But at the last minute, Rep. Will Metcalf from Conroe offered an amendment that effectively fired Jace Houston, SJRA’s general manager and leader of the SJRA’s fight to reduce subsidence. The amended bill passed the Senate. Houston resigned effective 6/30/23. And now the Lone Star Groundwater Conservation District has no one to challenge unlimited groundwater pumping in Montgomery County.

Some in the Lake Houston Area who flooded during Harvey may rejoice at Houston’s departure. But differential subsidence is tilting Lake Houston upstream. It could make the Lake Houston Dam two feet higher relative to areas upstream near the county line. That could eliminate the safety margin above the floodplain for many homes in the next big flood.

subsidence in Harris County
Modeling shows 3 feet of subsidence near Harris/Montgomery county line, but only one foot at Lake Houston Dam.

As someone who had floodwater lapping at his foundation, I personally would put this one in the loss column.

The governor signed the bill on 6/18/23. It goes into effect on 9/1/2023.

Posted by Bob Rehak on 7/2/23

2133 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.

Woodridge Village Excavation Reached 92% of Atlas-14 Requirements in June

At the end of June, stormwater detention basin excavation on Harris County Flood Control District’s (HCFCD) Woodridge Village property reached 92% of Atlas-14 requirements. When HCFCD bought the property from Perry Homes in 2021, it had only 70% of the required detention capacity under Atlas 14.

Atlas-14 defines the current standard for safely containing a 100-year rainfall. The lack of detention basin capacity contributed to the flooding of hundreds of homes along Taylor Gully twice in 2019, after Perry contractors clearcut the property.

HCFCD and City of Houston purchased the property from Perry in March 2021. Excavation of additional detention capacity started in January 2022.

June/July Photos Show Progress

The first photo below was taken at the beginning of June 2023 so you can see how much progress has been made in the last month.

Looking ENEExtent of Excavation on June 4, 2023

The second shows the site at the beginning of July 2023. The primary changes seem to be additional depth and length.

July 1, 2023 photo shows additional depth at far end of project.

HCFCD spokesperson Amy Crouser said that, “Essentially, the contractor is free to excavate where they want within the provided footprint.”

Rough layout for new Woodridge basin.
Green area indicates rough outline of new basin.

Where Does Woodridge Village Excavation Go From Here?

HCFCD’s Excavation and Removal contract with Sprint Sand & Clay calls for excavating up to 500,000 cubic yards. Sprint excavated approximately another 8,000 cubic yards in June. That equals approximately 5 acre feet.

If Sprint keeps excavating at that rate, the table below shows that it could reach Atlas 14 requirements by the end of this year.

However, Sprint’s contract calls for excavating UP TO 500,000 cubic yards. Any excavation beyond Atlas-14 needs would create a safety hedge against future needs should they increase. 

NOAA is already working on updating the Atlas 14 requirements and should release Atlas 15 before the end of this decade.

Here’s how all that looks in a table.

Acre Feet of Stormwater Detention% of Atlas-14 Requirement% of Ultimate
Site Had When Purchased from Perry Homes27170%47%
Has as of 7/1/2335392%61%
Atlas 14 Requires385100%66%
If Sprint Excavates All 500K Cubic Feet580150%100%
Calculations based on original construction plans, HCFCD monthly reports, Atlas-14 Requirements and Sprint contract.
Sprint could excavate down to or even slightly past the small grove of trees in the top center. Photo taken July 1, 2023.

Sprint will make only $1,000 from its Woodridge Village excavation contract with HCFCD, but will make its profit by selling the dirt at market rates. It’s a good deal for taxpayers, but carries some uncertainty with it.

If the demand for dirt dries up and excavation slows, HCFCD and Sprint could modify the E&R contract to complete a smaller detention basin sooner. But I assume it would still meet Atlas 14 requirements at a minimum.

But simply excavating the dirt isn’t the end of the job. Harris County still needs to slope the sides, plant grass, and tie the new basin into the site’s existing stormwater-detention-basin network. Engineers are reportedly working on plans for all that, according to HCFCD.

Posted by Bob Rehak on 7/1/2023

2132 Days since Hurricane Harvey

The Problem with Climate-Change Hysteria

Go to almost any news source you can name and you will likely find an article about climate change. They generally manage to turn a local event into an international crisis.

The articles report on the latest freeze, heat wave, drought or flood somewhere in the world and tie that into similar stories affecting other areas. The aggregated anecdotal evidence makes it seem as though the world is burning; drowning; freezing; frying; being blown apart by hurricanes and tornadoes; etc.

One such article caught my eye this morning on the Associated Press website by a writer who appears to be from Phoenix. The headline trumpeted, “Heat waves like the one that’s killed 14 in the southern US are becoming more frequent and enduring.” Four paragraphs in, I read, “…extreme heat will only increase in the U.S. each summer without more action to combat climate change…”

That made it sound as though “the end is near.” The temperature is shooting straight up and I better buy an electric vehicle before I turn into charcoal!

So I emailed Jeff Lindner, Harris County’s meteorologist, and asked whether the alleged “facts” about the current heat wave cited in the article were true for the Houston area. Short answer: “In general, no.” But he did dig deeper to reveal some interesting nuance in the numbers.

Observations from Harris County’s Meteorologist

Lindner began, “The current hot weather is nowhere near the levels of 1980 or 2011 with respect to the longevity of the heat or the intensity…at least in southeast Texas. Along the Rio Grande temperature records have been broken including some all-time records.”

Then he added, “As for the claim about heatwaves becoming worse…climate models do suggest that heatwaves and drought will become increasingly common with climate change especially in the southern plains and Texas. This is most noted in the rise of overnight low temperatures in the summer months which we are seeing along the Texas coast, but not so much an increase in afternoon high temperatures.”

“The increasing summer low temperatures can be tied to the warm Gulf of Mexico waters that keep lows from falling much below 80 at night locally. They also help keep dew points elevated (as we have seen with this recent heat) resulting in the very high heat-index values over the last few weeks.

Sea surface temperature anomalies on 6/29/23. Source NOAA.

“While air temperatures have generally been in the upper 90’s for highs, it has been the high dew points that have combined with the high temperatures to result in the dangerous heat index values.

Local Vs. Global

I am not questioning the AP’s integrity, nor the author’s intellect or intentions. She’s simply using a well-worn, time-honored template in news coverage. Lead with specific examples – heat-related deaths – that dramatize a larger problem.

You see it every night on the news: Someone was shot; crime is out of control! Big Bend hikers died; we need to do more about climate change!

The specifics give stories emotional oomph that dry statistics can’t. But the specifics can also mislead.

Big Bend National Park, where the hikers died, is in the middle of a harsh, unforgiving, volcanic desert with little to no shade. Temperatures there reach 109 degrees and the average annual rainfall is only 13 inches. The last time I was at Big Bend, I saw dozens of signs warning people about sun, heat and running out of water. The county containing Big Bend is three times the size of Delaware, but has fewer than 10,000 people.

Should the story have been about the dangers of strenuous exercise in high temperatures? Or how the highs in Houston were higher 40 years ago?

Either approach would have been valid. Maybe even more valid than making the leap to climate change from one high pressure ridge. But…

I doubt the editors would have enthused over “Comparison of Recent Heat Waves Shows Houston Temps Falling.”

Bob Rehak

It doesn’t really fit the narrative.

I Wish…

When it comes to weather, the causes and trends aren’t always clear. For instance, is the current heat wave in Houston caused by emissions from internal combustion engines? Or is it caused by warm Gulf waters related to predictable El Niño-related changes in global wind patterns? If it’s the latter, is it fair to link it to the former?

Without taking a position on climate change one way or the other, I wish that climate reporting:

  • Put claims in historical context
  • Refrained from hysterical leaps into the distant future
  • Stopped making global generalizations from anecdotal evidence
  • Supported claims with more data
  • Scared people less and informed them more.

Ignoring the last point often backfires. Especially when you make global generalizations from local observations.

Posted by Bob Rehak on 6/30/2023

2131 Days since Hurricane Harvey

Poor-Farm-Ditch Renovation Funding Finally Secured

On 6/28/23, civic leaders from all levels of government gathered to celebrate the acquisition of enough funding to finally begin renovating Poor-Farm Ditch.

Poor-Farm Ditch runs from Greenway Plaza on the north to Brays Bayou on the south between West University Place and South Side Place. Harris County Flood Control District started studying ditch improvements more than 20 years ago. The 70-year-old, crumbling concrete ditch carries stormwater runoff from 1,330 highly developed acres.

Numerous Problems Associated with Poor-Farm Ditch

Poor-Farm Ditch has several problems:

  • Pieces of the crumbling concrete periodically collapse into the ditch and block it, exacerbating flooding.
  • Erosion threatens homes and businesses, which crowd the ditch on either side.
  • Adjacent properties have been built up as much as five feet. The existing channel walls were not designed to support that much weight.
  • Railroad ties and other earth-retaining features (used to stabilize the extra fill) have failed and fallen into the ditch, reducing its hydraulic capacity by 50% in places.
  • The channel’s width varies along its length, creating choke points in some places. Parts can handle a 100-year rain with room to spare while others can only handle a 10-year rain.
  • Encroachments have been constructed within the Harris County Flood Control District’s (HCFCD) right of way.

Press Conference Celebrates Funding Success At Long Last

U.S. Congresswoman Lizzie Fletcher who secured $9.9 million for the $30+ million project kicked off today’s press conference by thanking all the officials and staff members present.

Left to right: West University Place Mayor Susan Sample, U.S. Representative Lizzie Fletcher, Harris County Precinct 1 Commissioner Rodney Ellis (speaking), Southside Place Mayor Andy Chan, District 134 State Rep. Ann Johnson, HCFCD Exec. Director Dr. Tina Petersen 

Goals of Renovation

According to the funding request filed by Congresswoman Fletcher, the primary goal of the project is to avoid a failure of the existing channel by constructing an entirely new channel structure in its place.

Channel rehabilitation will reduce flood risk by improving hydraulic capacity. It will also improve HCFCD’s ability to provide maintenance.

The construction project will include maintenance access ramps for HCFCD, and reinforced pavement for inspection and “maintenance by foot” on top of the channel banks.

Geographic scope of project. Source: Harris County Flood Control District

In total, the project will benefit 523 structures and 1,036 people.

On-Again, Off-Again Project Finally Finds Funding

As you can see from the pictures below, buildings on the banks of the ditch leave little room for expansion. The project was actually put on hold for two years by Harris County Commissioners Court given lack of funding and lack of consensus support for the improvements among local leaders and residents.

At the time, HCFCD said it would continue to perform spot repairs and debris clearing as needed.

Then in 2021, the project regained momentum. An engineering study concluded it would be necessary to mitigate the impacts of the proposed Poor-Farm Ditch improvements on Brays Bayou by providing 43 acre feet of stormwater detention along Brays Bayou. 

The pictures below illustrate just some of these problems. HCFCD started studying the ditch in 2002. But it has taken until 2023 to raise enough money to address these issues.

Note how close homes and businesses are to the ditch. This turned out to be THE key design constraint. As both Southside and West U policemen told me today, “No one wanted to give up property to improve the ditch.
Foliage over the ditch frequently forms log dams that can make flooding worse if not cleared promptly.
Aging concrete requires frequent repair but access is poor.

Funding Will Come from Five Different Sources

Funding breaks down as follows:

  • $5.7 million from the Harris County Flood Control District
  • $150,000 from the City of Southside Place
  • $150,000 from the City of West University Place
  • $16.9 million from State of Texas
  • $9.9 million from Federal government

That puts the total secured funding at $32.8 million, enough to begin final design, bidding and construction.

Congresswoman Lizzie Fletcher secured a huge win in Fiscal Year 2023 when she obtained a $9.9 million earmark.

But according to inside sources, Southside Mayor Chan, working with State Representative Ann Johnson and State Senator Joan Huffman secured the final funding needed for the project – another $16.9 million. Remarkably, the state earmark wasn’t even in the original budget bill this year, but was added during the conference committee phase!  

Construction will not likely start until at least next year at the earliest according to Mayor Chan.

During the press conference, participants used the phrase “dogged determination” numerous times. To pull off a project like this requires committed partners to coordinate efforts and pursue funding relentlessly from municipal, county, state and federal governments.

Civic leaders from other areas could learn from this team.

How Ditch Got Its Name

The ditch gets its name from a Poor Farm established by Harris County Commissioners in 1894 in what is now West University Place.

Posted by Bob Rehak on 6/28/23

2129 Days since Hurricane Harvey