Tag Archive for: legislation

2021 Report Card on Texas Flood-Issue Legislation To Date

With the Texas legislature days away from adjournment, it’s time to see how flood-related legislation fared. Out of the 20 bills listed below, one has a chance of turning into law.

Still Has a Chance

HB 531 – Floodplain Disclosure

This bill by Armando Walle of Houston relates to floodplain disclosure for leased dwellings. It has passed both the House and Senate and is awaiting the Governor’s signature. Several pieces of similar legislation did not fare as well. See below.

Better Luck Next Session!

HB 2525 – Lake Houston Dredging District

Dan Huberty’s proposed legislation to establish a Lake Houston Dredging and Maintenance District passed the house. But the it’s sitting in the Local Government Committee in the senate chaired by Senator Paul Bettencourt. So is the identical companion bill filed by Senator Brandon Creighton SB 1982. It’s been sitting in the same committee since April 8. Someone doesn’t want this to see the light of day. A group called WaterUsersCoalition.org is desperately trying to kill both bills with misinformation. The web site characterizes the bill as one that only benefits Kingwood and Atascocita drainage. It would have certainly done that, but it would also have helped maintain and restore the capacity of Lake Houston. The website also says it would be funded by taxes which the bill(s) explicitly prohibit. And implies that increasing lake capacity would somehow hamper the conversion from groundwater to surface water.

HB 4478 – Sand Mine Reclamation

Another bill by Huberty was referred to the House Natural Resources committee on 3/29. Nothing has happened to it since. The bill would have required two things: reclamation of sand mines at the end of mining and a performance bond to ensure they met certain criteria, such as the removal of all equipment. Died in committee.

Abandoned dredge at abandoned Texas Concrete Sand and Gravel mine in Plum Grove. The TCEQ has deemed this mine reclaimed; it’s now off their radar.
HB 767 – Sand Mining Best Practices

Yet another piece of legislation by Huberty – would have established best management practices for sand mines. The House Environmental Regulation Committee left the bill pending in committee, just as they did in the 2019 legislative session. TACA wins again. We’ll have to live with worst practices for at least another two years.

HB 4341 – Sand Mine Regulatory Responsibility

This bill By Kyle Beiderman of Fredericksburg – was sent to the House Environmental Regulation Committee on 3/29. They didn’t even hold a hearing on it. The bill would have transferred responsibility for regulating sand mines from the TCEQ to the Railroad Commission of Texas.

HB 2422 – Sand Mine Locations

A piece of proposed legislation by Erin Zwiener of Kyle, Tx. would have allowed County Commissioners (in counties with populations greater than 500,000) to prohibit sand mining or the expansion of sand mines when they are too close to homes, hospitals, churches and certain other facilities. The Environmental Regulation Committee has bottled that bill up since 3/16. TACA wins again.

HB 1912 – Sand Mine Nuisances

Proposed legislation by Terry Wilson of Georgetown would have stiffened regulations relating to nuisances associated with aggregate production operations such as blasting, noise, air quality and more. The Environmental Regulation Committee has left it pending since 4/19. TACA wins again.

HB 3116 – SJRA Board Appointments

Will Metcalf of Conroe introduced two bills to change the composition of the San Jacinto River Authority Board. This one, the first, would have reduced the number of directors on the SJRA board from 7 to 6 and changed the way they are appointed. The change would have guaranteed a majority of directors from Montgomery County. The House referred the bill to its Natural Resources Committee on 3/19. Nothing has happened to it since then.

HB 4575 – SJRA Board Elections

The second Metcalf bill would have made the SJRA board elected, rather than appointed by the government. But there was a hitch. It would have denied representation to downstream residents. Hasn’t gone anywhere since April 8.

SB 314 – Disclosure of Flood Zones for Leased Property

This piece of legislation by Joan Huffman of Houston got referred to the Business and Commerce committee on 3/9. Nothing has happened since. The bill would have mandated disclosure of flood risk for leased property in a flood zone. A similar bill passed in the last session for property for sale. However, the Committee has taken no action on the leasing bill since 3/9.

HB 1059 – Disclosure of Flood Zones on Vacant Land for Sale

Another flood plain disclosure bill by Phil Stephenson of Rosenberg would have required sellers of vacant lots smaller than 15 acres to disclose whether any portion of the lot was in a flood plain. The bill would also have let buyers recover damages if the property flooded within five years and the seller failed to disclose the flood plain. This bill made it out of the Business and Industry Committee. However, the Calendar Committee never brought it up for a vote on the House floor since 4/15. It’s companion bill in the Senate – SB 461 by Kolkhorst – also stalled.

HB 1956 – Climate Change Planning

Michelle Beckley of Carrollton introduced legislation that would have required certain state agencies to consider the impact of climate changes in their strategic plans. It got referred to the State Affairs Committee on 3/15. Ba Dump. Same for similar bills like HB 1949, SB306, HB 2017, HB 3246, and HB4178.

HB 655 – Feasibility Study for Statewide Disaster Alert System

This bill Richard Raymond of Laredo called for studying the feasibility, efficiency and benefits of setting up a statewide disaster alert system. It went to the Homeland Security and Public Safety Committee on 3/1. No action since.

SB 859 – Continuation of Electronic Meetings after COVID for Regional Flood Planning Groups

A common-sense bill by Charles Perry of Lubbock would have let Regional Flood Planning Groups continue to hold meetings via telephone conference call and videoconference after emergency COVID restrictions expire. The rationale: these groups are staffed by volunteers, many of whom have to drive across several counties to get to meetings. That can take all day in West Texas. It was voted out of the Senate Business and Commerce Committee before it ran out of gas. A companion bill, HB 2103, passed the House, but also stalled in the Senate.

Seems like a lot of good ideas were left on the table.

Posted by Bob Rehak on 5/24/2021 based on research by John Barr

1364 Days after Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Abandoned Sand Mines Leave Lasting Legacy of Loss in Southeast Texas

More than a decade after one San Jacinto West Fork sand mine stopped mining, the abandoned mine is still: 

  • Inundated by floods 
  • Leaking silty water into the river from multiple locations
  • Littered with mining debris
  • Unrestored.

That Was The Good News

Worse, it has little hope of ever being restored. The West Fork has captured one of the mine’s main pits as predicted two years ago. Now, process wastewater leaks from an upstream mine into the abandoned mine, and from there, into the river.

TACA fondly says that mines CAN be repurposed into lakes that make recreational amenities for residential developments. That’s true. If miners cared. If someone was watching. And if we had regulations that forced reclamation. 

Last week, I published a story about an abandoned Texas Concrete Plum Grove plant on the East Fork. Today, I focus on a West Fork mine that used to be operated by River Aggregates as the Porter Sand and Gravel Plant. See below.

Landsat image from 10/28/2017. Comparison of this satellite image and the one below, both from Google Earth, shows that the area inside the large red circle was a settling pond in danger of being captured by the river. And it was. See below.
Google Earth image from 12/1/2019, thirteen months later. Mine is outlined in red. Circles represent breaches that I will discuss below. New development on right is Northpark Woods.

The mine in question lies between Sorters-McClellan Road and the West Fork, and just north of the Northpark drainage ditch. It sits immediately west of the new Northpark Woods subdivision. The last image in Google Earth that shows active mining was dated 2008.

Current Images Show Lasting Leaks

Looking southeast. Both ends of the main pond (adjacent to the Hallett mine) have sprouted leaks. This is on the northwest side of the mine. Photo taken 4/21/2019.
Looking southwest. The Hallett Mine, above the mine in satellite photos above, is almost overflowing in this image taken on 4/21/2019. It sometimes does overflow. See below.
Looking northeast. Top circle shows where the Hallett Mine sometimes leaks into the mine in question. Bottom circle shows where the second mine then leaks into the West Fork (in the right foreground). Photo taken 4/21/2019.
At the other (southeastern) end of the same pond, river migration cut into the wall that separated the mine from the West Fork. The pond now constantly leaks into the West Fork. Photo taken 4/21/2019.
Here’s how it looks from the reverse angle. Looking east toward Northpark Woods development in upper right next to Northpark Drainage Ditch Photo taken 4/21/2019. Compare this with the photo below.

River Migration Led to Transformation

On September 14, 2017, I photographed the same mine from the same angle. Here’s how it looked then. Note that a narrow strip of land only a few feet wide separated the mine from the river at that time.

As the images above show, sometime between 10/28/2017 and 12/1/2019, the West Fork migrated into the mine’s settling pond. The breach then allowed the mine’s wastewater and wastewater from surrounding ponds to drain into the West Fork.

In 2018, on the first anniversary of Hurricane Harvey, I discussed the mine above in a post about river migration. The post said, “At the current rate, without human intervention, river migration should capture the mine … in about three years.” It took less than that.

The owner of this land, Hannover Estates, sold the part on higher ground to a Colorado developer that is now building Northpark Woods.

Abandoned Mine Creates Lasting Legacy of Loss

The abandoned mine will not be much of an amenity for buyers in Northpark Woods. The forests and wetlands that once made this area such an ecologically rich place to explore are gone forever. So are the deer and the fish.

But downstream residents have it worse. They receive all the sediment flowing out of such mines and clogging the river. They must spend hundreds of millions of dollars to restore conveyance of the river so their homes and businesses don’t flood.

As a final insult, Montgomery County collects only about $12.50 per acre per year in tax on this barren 173-acre plot of land.

Lessons from Loss

There are two lessons to take away from this and other abandoned mines. We need legislation that mandates:

  • Greater setbacks from rivers for mines. Get them out of the meander belt.
  • Posting of performance bonds the guarantee reclamation before miners start mining.

Miners can and do sometimes simply ignore the promises they made to restore the land before they got their permit to start mining. When they do, they leave us with a barren moonscape. Littered with craters. And a lasting legacy of loss.

Posted by Bob Rehak on 5/11/2020

986 Days after Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Time Running Out for Legislation On Sand Mining

Approximately two-thirds of this legislative session has expired. The maximum length for a legislative session in Texas is 140 days starting on the second Tuesday in January. We are 96 days into this session. So where do we stand on key pieces of legislation related to sand mining and other flood mitigation? A quick update.

With 42 more days left in this legislative session, chances are looking good for flood mitigation legislation but slim for sand mining legislation.

Proposed Legislation in House

HB13 Creates a flood infrastructure fund of $3.26 billion taken from the Economic Stabilization (Rainy Day) fund for flood planning, mitigation, and infrastructure projects. (Comparable to SB7 below but with some differences.) This bill finally passed the House on April 11 and was sent to the Senate on the same day.

HB509 Allows Texas Railroad Commission to regulate APOs with TCEQ. Requires: hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements. The Energy Resources Committee held a public hearing on April 8. Opponents says six of 11 members on the committee oppose the bill. It is still pending in committee. They could act on it as early as April 15. If you haven’t sent in your letters let, time is running out on this one.

HB 907 Doubles the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000. Scheduled for a public hearing on Wednesday, April 17.

HB 908 Provides for penalties up to $50,000 for water code violations and every-other-year inspections. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.

HB 909 Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.

HB 911. Creates a Lake Houston Watershed Commission: Purpose: to provide the public with streamlined communication and cooperation in flood control planning.  Public hearing held on March 19 and has been pending in the Natural Resources Committee ever since.

HB 1671. Extends water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos as part of a pilot program. Attaches penalties for non-compliance with best practices defined under HB909. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.

HB 2871. Would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance. The Energy Resources Committee also held a public hearing on this bill on April 8. Six of 11 members reportedly oppose the bill. It is still pending in committee. They could act on this one, too, as early as April 15. If you haven’t sent in your letters yet, act now.

Proposed Legislation In Senate

SB 7. Creates a dedicated Texas Infrastructure Fund for flood control planning and the funding of flood planning, mitigation, and infrastructure projects. Passed by the Senate and referred to House Natural Resources Committee on March 28. No action since then.

SB500. An appropriations bill that includes funding for SB7 and an amendment that would dedicate $30 million for dredging of the West Fork Mouth Bar in Lake Houston. Passed by both houses and heading for a conference committee to iron out slight differences in amendments.

SB2123. Companion bill identical to HB907. No action since referral to Natural Resources and Economic Development committee on March 21.

SB2124. Companion bill, identical to HB909. No action since referral to Natural Resources and Economic Development committee on March 21.

SB2125. Companion bill, identical to HB908. No action since referral to Natural Resources and Economic Development committee on March 21.

SB2126. Would allow conservation districts to dredge rivers without a permit to restore conveyance if they place the spoils on private land. No action since referral to Natural Resources and Economic Development committee on March 21.

42 Days Left

With only 42 days left before the end of the session, the chances for flood mitigation legislation look hopeful. However the chances for sand mining regulation look doubtful. Near the end of the third quarter, TACA and the status quo are up 10-0 over Citizens.

In exactly six weeks, the clock will run out and it will be two more years for resident’s next shot at sand mining regulation. Stay tuned.

Posted by Bob Rehak on April 13, 2019

592 Days since Hurricane Harvey

For Earth Week: Sand Mine Reclamation Regulations Needed

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

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

No Attempts at Reclamation for 15 Mines in a Mile Radius

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

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

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

Theory Vs. Reclamation Practice

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

Potential Legislative Fixes Falter

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

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

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

If this makes you angry, register your opinion.

First in a New Series

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

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

Posted by Bob Rehak on 4/22/19

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

Act Now to Reduce Sediment Due to Sand Mining

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

Contributing to Erosion and Sedimentation

Several key facts about them:

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

HB 509 and HB 2871 Can Help

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

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

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

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

Both Bills Deserve Our Support

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

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

Your First Chance As an Individual to Make A Difference

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

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

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

Please Help NOW! Here’s How

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

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

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

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

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

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

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

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

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

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

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

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

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

Spread the Word

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

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

Posted by Bob Rehak on April 7, 2019

586 Days since Hurricane Harvey

Huberty Amendment to Appropriate Money for Dredging Mouth Bar Passes First of Six Hurdles Today

Five days ago, State Representative Dan Huberty offered an amendment to Senate Bill 500 (SB500). SB500 is the omnibus Senate appropriations bill making its way through the House. It contains appropriations for everything from health care to education to criminal justice and highways and more.

Texas Capitol Building in Austin from the South Grounds

Huberty filed his amendment last week. Below are the steps required for ultimate passage of SB500 and Huberty’s amendment.

First of Three Readings

Each bill passing through the Texas House or Senate goes through three “readings.” The first reading happened when SB500 arrived in the House. House members got their first chance to read the bill in its final form as amended by the Senate.

After the first reading, House members could file amendments of their own. They voted on amendments in the second reading. Tomorrow, if the House follows procedures, all members will get a chance to vote on the SB500, as amended by the House. It’s rare that a non-controversial spending bill like this would be voted down during the third reading. Regardless, tomorrow is the Huberty amendment’s SECOND major hurdle.

Conference Committee Next if Bill Approved

Because differences now exist between the House and Senate versions of the bill, the bill will go to a “conference committee.”

The conference committee will then try to reconcile, compromise on or accept differences in the bills approved by the Senate and House. Surviving the conference committee represents the THIRD major hurdle.

Re-Votes in House and Senate, Then On to Governor

Assuming the amendment is still alive at that point, the conference committee version will go back to both chambers for a final vote. According to rules of the Texas Legislature, the final vote on a conference committee bill must be straight YEA or NAY. Amendments may no longer be offered. Those votes in the House and Senate will represent the FOURTH and FIFTH hurdles.

Obtaining the governor’s signature will be SIXTH.

Next Steps

Next stops:

  • Final vote in the House on March 28
  • Conference committee
  • Re-votes on revised bill in House and Senate
  • Governor’s desk
  • Mouth Bar!

Posted by Bob Rehak on 3/27/2019

575 Days since Hurricane Harvey

Senate Appropriates $1.65 Billion for SB7, But House Omits Funding For It While Considering $3.26 Billion For HB13

Last week, I reviewed Texas Senate Bill 7 (SB7) which creates a Texas Infrastructure Resiliency Fund. The fund, if approved, will help local governments by providing grants and low- and no-interest loans for flood mitigation projects in four major categories. Categories include Floodplain Management, Hurricane Harvey, Floodplain Implementation and Federal Matching accounts. A competing bills has emerged in the House called HB13.

Dome of the Texas state capital in Austin

The Senate specified funding for SB7 in SB500, an omnibus appropriations bill. SB500 appropriated $1.65 billion for SB7 from the Economic Stabilization (Rainy Day) Fund. See Section 29a on page 12.

However, when SB500 moved to the House, the House Appropriations committee voted to remove the funding for SB7. The committee report states, “The substitute does not include an appropriation to the comptroller for the Texas infrastructure resiliency fund or certain other provisions relating to that fund.” See the second to the last paragraph on page 9.

Meanwhile, State Representative Dade Phelan from Orange, Tx. filed House Bill 13 (HB13). SB7 and HB13 do many of the same things, but have some important differences. HB13 would provide $3.26 billion out of the economic stabilization fund.

SB7 creates something called the “Texas Infrastructure Resiliency Fund”; HB13 sets up a “Flood Infrastructure Fund.”

Important Similarities Between SB7 and HB13

Both SB7 and HB13:

  • Relate to flood planning, mitigation, and infrastructure projects
  • Could make loans at or below market rates
  • Could make grants to cities and counties to provide matching funds that make them eligible to participate in a federal program for a flood project
  • Provide seed money to help attract federal grants
  • Would likely accelerate flood mitigation.

Differences

  • The Texas Water Development Board would control grants and loans made under HB13, but SB7 would create a separate board to control and distribute funds.
  • Compared to SB7, HB13 takes twice as much from the Rainy Day Fund.
  • Principal and interest payments on loans made under HB13 could be deferred for not more than 10 years or until construction of the flood project is completed, whichever is earlier.
  • HB13 would give special consideration to cities and counties whose median household income falls more than 15% below the state median.
  • HB13 encourages regional solutions by requiring cities and counties to demonstrate that they have acted cooperatively with other cities and counties. In other words, they don’t want people passing problems downstream. For instance, adding additional gates to the Lake Houston Dam might flood properties downstream. If so, HB13 could require buying out properties below the dam to avoid flooding them before adding gates to the dam (something that is already happening).
  • How does HB13 encourage cooperation? By requiring that all political subdivisions substantially affected by any given flood mitigation project: 1) participate in the process of developing the proposed flood project; 2) hold public meetings on proposed flood projects; and 3) compare their impacts versus other potential flood projects for the same area.

HB13 also requires the state to prepare:

  • A statewide flood plan that must be updated every five years
  • A 10-year dam and maintenance plan.

What Happens Next?

The full House has not yet voted on HB13. Consideration of SB7 will likely be delayed in the House until HB13 is voted up or down by the House. In the meantime, the House deferred any action on funding for SB7 by taking it out of SB500. It could always be handled separately at a later date in a supplementary appropriations bill.

If the House votes FOR HB13, we will then have two partially approved bills that do substantially the same thing. They would go to a conference committee to forge a compromise bill.

A conference committee consists of 10 people. The leader of each house appoints five. They work with each other to incorporate the best aspects of each bill. When a bill comes out of conference committee, it goes back to the House and Senate for straight up or down votes. Rules do NOT allow any amendments to bills that come out of conference committees.

With the amount of dollars at stake, not to mention the number of flood mitigation projects that depend on those dollars, everyone should closely watch the progress of these bills.

One Concern About HB13

After pondering each of these bills, I have one concern about HB13: the requirement to gain cooperation from all affected parties. In principle, it sounds good. In action, it could delay mitigation projects for years. It assumes political willpower and financial capabilities among multiple jurisdictions that may not exist. Mitigation for tens of thousands of people could be held up by a handful of folks that refuse to cooperate. There needs to be some way to arbitrate in such cases.

For instance, the San Jacinto River touches multiple cities and counties, has two major lakes, and is governed by the San Jacinto River Authority and the Coastal Water Authority. Lining up all those dominos every time someone somewhere wants to improve drainage may represent an impossible hurdle to clear.

The good news: the best minds in the state are all focused on ways to speed up and fund flood mitigation projects. A good compromise will likely emerge

I will continue to follow both of these bills as they work their ways through the House and Senate.

Posted by Bob Rehak on 3/27/19

575 Days since Hurricane Harvey

Updates Relating to Proposed Sand Mining and Flood Mitigation Legislation

At the start of this legislative session, I added a new page to this web site called Legislation. Its purpose: to help people track key pieces of proposed legislation affecting the Lake Houston area that have to do with sand mining and flood mitigation.

On it, you can see summaries of issues, links to the actual text of proposed bills, a “status tracker,” and posts that describe bills in more detail. I update these every few days. If you need to check on updates that have not yet been posted, consult Texas Legislature Online. It’s updated nightly during legislative sessions.

Key Bills Affecting Lake Houston Area

HB13 Creates a flood infrastructure fund of $3.26 billion taken from the Economic Stabilization (Rainy Day) fund for flood planning, mitigation, and infrastructure projects. (Comparable to SB7 below but with some differences.)

HB509 Allows Texas Railroad Commission to regulate APOs with TCEQ. Requires: hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements.

HB 907 Doubles the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000.

HB 908 Provides for penalties up to $50,000 for water code violations and every-other-year inspections.

HB 909 Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations.

HB 1674. Extends water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos as part of a pilot program. Attaches penalties for non-compliance with best practices defined under HB909.

SB 7. Creates a dedicated Texas Infrastructure Fund for flood control planning and the funding of flood planning, mitigation, and infrastructure projects.

SB500. An omnibus appropriations bill that includes funding for SB7 and an amendment that would dedicate $30 million for dredging of the West Fork Mouth Bar in Lake Houston.

Status of Each as of 3/26/19

HB13  Filed on March 7, 2019. Referred to Natural Resources on 3/11. Reported favorably by committee. Sent to Calendars Committee on 3/25.

HB509 Filed Dec. 11, 2018, Referred to Energy Resources 2/20/2019.

HB 907 Filed Jan. 17, 2019, Referred to Environmental Regulation 2/25/2019.

HB 908 Filed Jan. 17, 2019, Referred to Environmental Regulation 2/25/2019.

HB 909 Filed Jan. 17, 2019, Referred to Environmental Regulation 2/25/2019.

HB 1671 Filed on March 4, 2019, Referred to Natural Resources 3/4/2019.

SB 7 Filed on March 6, 2019, Referred to Water & Rural Affairs on 3/7, Public testimony 3/11. Senate passed unanimously by voice vote on 3/20. Received by House on 3/21.

SB500 Approved by Senate on 3/13. Engrossed, sent to House, and referred to Appropriations committee on same day. Approved with changes by House Appropriations on 3/19. The Appropriations Committee analysis of CSSB500 says on page 9, “The substitute does not include an appropriation to the comptroller for the Texas infrastructure resiliency fund or certain other provisions relating to that fund.”  A separateHuberty amendment proposed on 3/22 would dedicate $30 million for dredging the West Fork mouth bar in Lake Houston.

Developments to Watch

Nothing has happened yet on any of the sand-mining bills since being sent to committees.

  • HB509 is reportedly dead in the water. That’s a shame. It was the only bill that made hydrologists consider the aggregate impact of all mines in an area when permitting an operation. And that is precisely our issue.
  • HB907, 908, 909 and 1671, according to Dan Huberty’s office, will soon be scheduled for committee hearings. That’s worth a trip or four to Austin!

SB7 created a Texas Infrastructure Resilience Fund (TIRF) which was funded within SB500, an omnibus appropriations bill. But when SB500 got to the House, the Appropriations Committee deleted funding related to the TIRF – at least temporarily, while the House considers its own HB13. HB13 has many of the same objectives as SB7, but it has not yet reached the House floor for a vote.

Braden Kennedy, an assistant of Senator Brandon Creighton who sponsored SB7 had this to say. “It was unfortunate to see the House remove the funding to TIRF. However, Senator Creighton is confident we can find common ground down the road and achieve a Texas-sized appropriation hopefully during conference committee, when members of the Senate and House get together and settle the differences on the bill. Right now, House Bill 13 includes the appropriation itself while in the Senate, the members believe these expenditures should be in the supplemental budget (SB 500). We still think SB 7 has many certain advantages in that it is versatile in use – Harvey recovery dollars, future mitigation project funding, and Army Corps matching funds – and it includes several oversight and transparency safeguards.”

Check back soon and often. This is a $3.2 billion issue!

Posted by Bob Rehak on 3/26/2019

574 Days since Hurricane Harvey

Huberty Proposes Amendment to Appropriations Bill that Would Allocate $30 Million to Dredge Mouth Bar

Senate Bill 500 is an omnibus appropriations bill passed by the Texas Senate on March 13. The bill passed to the House for committee review and consideration the same day. Last Friday, March 22, State Representative Dan Huberty offered an amendment to SB 500. It would allocate $30 million to dredging the mouth bar where the West Fork of the San Jacinto meets Lake Huston.

Text of Huberty Amendment

The text reads:

“Out of the funds appropriated in Subsection (1), $30 million dollars is dedicated to the Texas Water Development Board to provide a grant to Harris County for the purchase and operation of equipment to remove accumulated siltation and sediment deposits located at the confluence of the San Jacinto River and Lake Houston.”

Great News for West Fork Residents

This is great news for Lake Houston and West Fork residents. We faced six floods last year on relatively small rains. The mouth bar and other sediment dams left by Harvey created backwater effects that exaggerated flood heights. The exaggerated response of the river to these modest rains forced the City to prerelease water to avoid flooding.

It’s not clear how much funding the City will get from FEMA, if any, to address the mouth bar. The two sides have been arguing for more than a year about how much of the sediment is due to Harvey. Stephen Costello, the City’s Chief Recovery Officer, told a town hall meeting in Kingwood last week that there was at least 1.5 million cubic yards of sediment that needs to be removed to restore the river’s natural conveyance. Local geologists estimated that at least a third of that was due to Harvey.

Matching Funds for County

Last year, the County Flood Bond approved by voters in August included a $10 million match for dredging of the East Fork, West Fork and Lake Houston. The project description read: “Potential partnership project with the City of Houston, Coastal Water Authority, and the State of Texas to permit, design, and complete dredging of the East Fork, West Fork and Lake Houston area waterways to reduce flooding risks.”

The County expected to provide one-fifth of the total $50 million projected cost.

If the Huberty amendment and the appropriations bill pass, suddenly we have a clear path to funding… regardless of what FEMA does and how long it takes their money to get here.

Includes Purchase of Equipment

The Huberty amendment calls for the purchase and operation of equipment. That means the equipment could be owned and used wherever needed. For about a year, the Army Corps has emphasized the need for maintenance dredging to prevent re-accumulation of massive deposits.

Matching Funds Mean Higher Priority

There’s a lot to like about this simple amendment. Consider this. Many have worried lately about prioritization of flood bond projects, i.e., which would kick off first. Readily available matching funds would give the dredging project a very high priority. That would accelerate execution of the project.

Posted by Bob Rehak on March 25

573 Days after Hurricane Harvey

Two Dozen Pieces of Legislation Introduced to Help Prevent Another Disaster like Harvey

While I have primarily focused on legislation around sand mining, legislators in both the Texas House and Senate have filed bills that address other aspects of the Harvey disaster. I have arbitrarily grouped them into several categories below to make this rather lengthy list easier to follow.

The 86th Legislature of the State of Texas is now considering all of the proposed legislation in this post.

Preparedness

Remember how residents received no warning to evacuate before water invaded their homes? Remember how the storm overwhelmed emergency response systems?

  • Rep. Will Metcalf introduced HB26 that would create an alert system. It stipulates that the dam operator must provide: time of release, expected duration of release, expected level of flooding that will result, etc.
  • Rep. Richard Raymond introduced HB34 that would create a statewide disaster alert system under the Texas Division of Emergency Management (which is part of DPS).
  • Rep. Sarah Davis sponsored HB1294 requiring emergency management training for officers and employees of political subdivisions whose responsibilities include emergency preparedness or management.
  • Sen. Boris Miles introduced SB 285. It would require the Governor to issue a proclamation each year before hurricane season. The proclamation would direct state agencies, municipalities and counties to review and update hurricane preparedness plans. It would also require them to conduct community outreach and education activities on hurricane preparedness.
  • Sen. Charles Perry introduced SB396 relating to state and regional flood planning. It would create a state flood planning process administered by the Texas Water Development Board.

Dam Hazards

Concerned about that upstream dam that might flood you?

  • Rep. Gina Hinojosa introduced HB137 that would require the TCEQ to notify communities of significant dam hazards.

Involving Public in Permitting Processes

Concerned about how sand mine and superfund sites get permitted next to your water supply without anyone in your community knowing?

  • Rep. Jessica Farrar introduced HB245. It would require applicants for environmental and water-use permits to post a copy of the applications online.

Flood Insurance Disclosure

Did you think you had flood insurance coverage when you didn’t?

  • Rep. Mary Ann Perez filed HB 283. It would require insurers to disclose on the top page of a commercial or residential policy whether the policy covers loss caused by flooding.

Disclosure of Prior Flooding

Concerned that the people selling you a home might not fully disclose flood risks and the property’s history re: flooding?

  • Senator Joan Huffman introduced SB339. relating to a seller’s disclosure notice for a residential property regarding floodplains, flood pools, or reservoirs. It would require a seller of residential property to disclose existing information about whether the property is within the 100-year floodplain, the 500-year floodplain, the flood pool of a reservoir, or within five miles downstream of a reservoir and the property has flooded in a flood event.

Adequacy of Infrastructure

Concerned about how our infrastructure couldn’t handle Harvey and about how long it is taking to fix those issues?

  • Rep. Dade Phelan introduced HB478 that would help fund flood planning, mitigation and infrastructure projects.
  • Rep. Amando Walle introduced HB801 that would establish a task force to conduct a comprehensive study on flood control infrastructure for Harris County.
  • Sen. Boris Miles introduced a companion bill to HB801. SB 179 requires U of H to provide staff and administrative support for the task force. It also directs Harris County Flood Control to advise the task force.
  • Rep. Dennis Paul introduced HB1010 that would establish regional flood planning that includes a prioritized list of projects necessary to meet the needs of the region for the next 10 years.
  • Rep. Eddie Lucio III introduced HB1059 that requires the TCEQ to appoint a Green Stormwater Infrastructure and Low Impact Report Group. It would report every other year on systems and practices that manage stormwater, and that protect water quality and associated habitat.
  • Sen. Charles Perry sponsored SB397 related to the funding of flood-related projects by the Texas Water Development Board. It also includes flood-related projects administered by the State Soil and Water Conservation Board.
  • Senator Brandon Creighton introduced SB695. It creates a Texas Infrastructure Resiliency Fund administered by TWDB to provide grants, low-interest loans, or zero-interest loans to eligible political subdivisions. for
  • flood projects.
  • Sen. Charles Perry proposed a constitutional amendment providing for the creation of a State Flood Plan Implementation Fund to assist in the financing of certain flood-related projects. It also calls for transferring $1.2 billion from the economic stabilization fund into State Flood Plan Implementation fund on 11/30/19.

Sand Mining

Concerned about whether aggregate production operations (sand mines) will destroy a river near you?

  • Rep. Terry Wilson, introduced HB509. It would allow the Railroad Commission to regulate aggregate production and requires them to consider the cumulative impact of multiple operators in an area.
  • Rep. Dan Huberty filed HB907 that increases penalties for failure to register aggregate production operations.
  • Huberty also introduced HB908. It increases penalties for other violations by aggregate production operations and requires inspections by the TCEQ every two years instead of three.
  • HB909, also by Huberty requires the TCEQ to establish a set of Best Management Practices for aggregate productions operators.
  • Sen. Donna Campbell introduced SB694. It increases the frequency of aggregate production operations by the TCEQ and allow unannounced inspections for APOs that had violations in the preceding two years. It also increases the maximum possible penalty for APO violations to $20,000 per day from $10,000.

Aquifer Storage and Retrieval

Concerned about loss of lake capacity due to sedimentation from flooding? About subsidence? About the long-term availability of ground water?

  • Rep. Lyle Larson introduced HB720. It appropriates water for use in aquifer storage and recovery projects.
  • HB721, also sponsored by Larson, requires the Texas Water Development Board to conduct studies of aquifer storage and recovery, and to prepare and submit reports on the same.

Lake-Houston-Area Interests

Concerned that no dedicated entity is looking out for the interests of Lake Houston Area residents?

  • Rep. Dan Huberty introduced HB911 that creates a Lake Houston Watershed Commission that will be responsible for planning for the area, share information and publish information.

If you are aware of other bills that should be on this list, please contact me. I will update it periodically throughout the legislative session.

You can track the progress of bills through the legislative session by clicking on links to the bills above. You can also track a group of bills by creating a list at My Texas Legislature Online.

Posted by Bob Rehak on 2/16/2019

536 Days since Hurricane Harvey