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Harris County approves its budget

Feb 11th, 2021
by Charles Kuffner.
27 comments

Good priorities.

Judge Lina Hidalgo

Harris County Commissioners Court on Tuesday unanimously approved a $3.3 billion general fund budget that includes new investments in pollution control, public health and attorneys for indigent criminal defendants.

The $64 million in new spending represents a 2 percent increase over the current budget.

Precinct 2 Commissioner Adrian Garcia praised the spending plan, which he said is based on a new model that seeks to fund needs rather than departments, as a more sensible approach to meeting the needs of residents.

“With a metrics-based budget … this is another new day in county government,” Garcia said.

County Judge Lina Hidalgo said the new budget process is more transparent and said the county has made key improvements after events in the past two years, including the 2019 series of chemical fires and ongoing COVID-19 pandemic.

“This budget isn’t perfect, but we’re light years ahead of where we were in terms of ensuring we’re using every dollar wisely to help tear down barriers no individual can take on alone,” Hidalgo said in a statement.

[…]

By streamlining services and spending less on debt service, the new budget includes $132 million in new investments. Those line items include increases for the fire marshal and Pollution Control Services, totaling $1.3 million, to improve the county’s response to chemical incidents, and $5 million to launch a non-law enforcement 911 system to handle incidents including mental health crises.

The budget also includes $18 million for several justice and safety initiatives, including the hiring of visiting judges to help clear a backlog in criminal cases, expanding the Public Defender’s Office and studying racial and ethnic disparities in policing, non-punitive responses to social problems and strategies to prevent violence.

Berry proposed holding back $19 million in reserve to potentially allocate when Commissioners Court does its mid-year budget review in September, and members agreed.

An additional round of federal stimulus aid for local governments would help in the future, Berry’s budget summary states, though the county is not counting on another influx of cash.

Most of the money that the county had to spend on COVID-related expenses has been reimbursed via the CARES act. We’re probably in good enough shape that we don’t need much more from the current COVID relief bill, but I’ll be happy for us to get something anyway. There’s plenty more we can invest in if the funds are there for it.

Since the subject has come up and will no doubt continue to come up, we can discuss how Judge Hidalgo goes about her business and what it might mean for 2022 all we want. What I know is that she’s done excellent work, the county is in solid shape, and we’ve got good priorities. I’ll play that hand in a re-election campaign any day of the week.

Who cares how much it will cost to build the Ike Dike?

Nov 16th, 2020
by Charles Kuffner.
14 comments

Imagine how much it will cost to recover from a catastrophic hurricane whose storm surge could have been mitigated by the Ike Dike. You know, like that hurricane from earlier this year that would have done exactly that had it hit 150 miles or so west of where it did hit.

The Army Corps of Engineers has revised its plan for a coastal barrier that would fundamentally alter the southeast Texas coastline, with massive sea gates across the Houston Ship Channel and 43 miles of dunes and renourished beaches spanning Bolivar Peninsula and Galveston.

The newest version of the coastal barrier, once known as the “Ike Dike,” was released Tuesday by the Corps and Texas General Land Office. While initial estimates said the project would cost as much as $32 billion, officials now peg the cost as $26.2 billion.

The plan incorporates feedback received during a contentious round of public meetings after the original plan was released in October 2018. Many coastal residents and environmentalists balked at a structure that they said could harm ecology and wildlife and tank property values.

But with three major hurricanes narrowly skirting the Houston-Galveston region this year during a particularly active season — 27 named storms — state officials noted that a project on the scale of the coastal barrier would protect the region for decades to come as the climate gets warmer and more volatile.

“The Corps of Engineers recognizes the coast as a extremely vibrant place to live and recognizes, and our metrics in the army show, that the Texas coast is leading economic growth for the nation,” said Mark Havens, deputy land commissioner for the General Land Office. “This hurricane season has given us pause because it’s given us too many close calls not to heed this warning.”

The Corps plans to convene three days of virtual public meetings, beginning Nov. 16. The public comment period will end on Dec. 14, and feedback will be incorporated into the final feasibility report, which the Corps plans to publish in May 2021. The Corps also emphasized interactive web features for the public such as 3-D virtual tours of some of the project’s features and flood impact maps.

Once the study is complete it will be proposed for congressional authorization and funding. If approved, it is expected to take 12 to 20 years to design and construct.

See here for the previous update. We are virtually certain to get a big honking infrastructure/stimulus bill from the Biden administration in its early days, and this project would fit nicely within it. All we need is for the Texas Congressional delegation to do its part. This will take a long time to build, as noted, so the less screwing around we do, the sooner we can get it started. In conclusion:

Indeed.

Flooding affects toll roads, too.

Sep 21st, 2020
by Charles Kuffner.
10 comments

This makes sense to me.

Commissioners Court on Tuesday voted to create a local government corporation to manage Harris County’s toll road system in a move expected to provide a windfall to county coffers and allow surplus toll collections to be spent on non-transportation purposes.

Approved by a 3-2 vote along party lines, the local government model would allow the Harris County Toll Road Authority to refinance its debt at historically low rates and divert funds to help the county respond to the COVID-19 pandemic and subsequent economic downturn, and invest more in flood control, supporters said.

Under the proposal by new Budget Director David Berry, the county will receive a $300 million lump sum in toll revenue and then $90 million annually from the system. The toll road authority collected $901 million in the fiscal year that ended in February.

Peter Key, interim executive director of HCTRA, urged the court in a memo to adopt the new governance model.

“This is an unprecedented situation that presents unique financial challenges for the county and may require additional levels of financial support for the county to effectively respond to these challenges for the foreseeable future,” Key wrote.

The toll road authority’s current bond indenture and state law limit the use of surplus revenues to non-toll roads, streets, highways and related facilities, according to a Q&A created by the county budget office. After refinancing under the new governance structure, HCTRA revenues can be used by other county departments.

The proposal would not affect toll rates, the budget office said, nor would it privatize the system or sell off any assets.

[…]

While Fort Bend, Brazoria and Montgomery Counties use local government corporations to finance and operate their toll roads, Harris County’s will serve as a financing vehicle only. The toll road authority estimates Harris County will save $60 million by refinancing the system’s roughly $2.7 billion debt at lower rates through the corporation.

County Judge Lina Hidalgo said she supported the idea because the county can “maximize every dollar” in a challenging fiscal environment.

Precinct 1 Commissioner Rodney Ellis said diverting some toll revenues would be an effective way to boost flood control spending. It also could be used as matching funds to state or federal appropriations on ambitious capital projects like deepening the Houston Ship Channel.

I’m fine with this. If the toll roads are generating more revenue than is needed to operate and maintain the roads, then sure, let’s use some of that money for other necessary purposes. Flood control would be high on my list, but other capital projects make sense, too. Commissioners Court will still be accountable for all this, as they currently comprise the board of this LGC, and they will be responsible for appointing subsequent board members. Let’s put this revenue to some good use.

(You may say, if the toll roads were bringing in such excess revenue, we should have cut toll rates. I say that’s a policy choice, and my preferred policy would be to do something like this instead. Lowering tolls is pretty far down on my priority list. Your mileage may vary.)

In the “Would you like some cheese with that whine?” department:

Both Republican commissioners voted against the proposal. Jack Cagle in Precinct 4 lamented the fact that there had been no public meetings on the topic before Tuesday’s vote, unlike the extensive campaign in the summer of 2018 seeking support for the $2.5 billion flood bond program.

Precinct 3’s Steve Radack derided the idea as a ploy by the court’s Democrats who, in his view, are looking to siphon money from the toll road authority instead of asking taxpayers for more.

“This is a money grab,” Radack said. “They’re going to use it to pay for things that are normally paid for via (property) taxes.”

Hey, remember when Commissioners Radack and Cagle broke quorum to prevent the democratically-elected majority on Commissioners Court from voting on a property tax rate hike that was intended to cover future downturns in revenue resulting from COVID-19 and the state’s rigid new revenue cap? Good times, good times. Maybe let the majority vote on its policies next time, and campaign against them on the places where you have disagreements? Just a suggestion.

The post-Harvey flood control march

Sep 18th, 2020
by Charles Kuffner.
Comments are off for this post

It’s a long journey, with a lot to be done. It’s going to take awhile.

Most of Kenwood, a working class, mostly Latino neighborhood, is so deep in the 100-year floodplain that Harris County engineers have concluded no flood control project could protect it from a strong storm. Instead, the county began a voluntary buyout program in Kenwood and seven other vulnerable areas two years ago, but found few takers. Under pressure to spend federal Harvey recovery aid more quickly, the county this summer chose to make the buyouts mandatory.

The extraordinary step only underscores that, more than three years after Harvey rolled ashore as the worst rainstorm in continental U.S. history — and amid a record-setting Atlantic hurricane season — progress toward reducing Houston’s greatest vulnerability has been painfully slow and piecemeal at best.

Voters passed a $2.5 billion bond two years ago, giving the county a huge injection of funding to tackle nearly 200 flood control projects. Those projects take time, often years, to complete, however. And county officials concede the cost to fully protect against 100-year storms is more than 10 times higher than what voters approved.

City Hall lacks a comparable cash infusion and so mostly is waiting on the slow-motion arrival of federal aid. Meanwhile, its voter-approved street and drainage program has been shorted by more than $260 million over the last six years, money that has been used on other city services.

The city and county did update their floodplain building standards in the months after the storm, but City Council has yet to follow Commissioners Court’s lead in strengthening storm water detention rules.

“Folks are definitely still quite dissatisfied with the level of flood protection that’s been provided thus far from the city and the county,” said Chrishelle Palay, director of Houston Organizing Movement for Equity. “When it comes to historically underserved communities of color, those are the communities where the infrastructure has been disinvested, both from street flooding and from watershed protection.”

The Houston region’s most readily available defense against future floods is the $2.5 billion county bond.

To date, the county Flood Control District has begun work on 144 of its 188 planned bond projects, but only 18 have reached the construction stage, said Deputy Executive Director Matt Zeve. A dozen projects the district funded with other revenues also have been completed since Harvey, removing an estimated 5,000 homes from the 100-year floodplain.

The bond funds are helping to accelerate long-planned projects and start new ones, Zeve said, but large infrastructure improvements cannot be engineered and built overnight.

“There are places in Harris County that are right where they were three years ago, but there are several areas where we’ve completed projects or are constructing projects right now, and those areas will have a lower risk of flooding in a future storm event,” Zeve said. “It’s not as fast as everyone wants, but we do feel like we’re making good progress on major flood damage reduction projects all over Harris County, with more to come.”

Home buyouts, though some take a year to complete, move the fastest, making the 560 repeatedly flooded homes the county has bought since Harvey among the few tangible signs of progress the city and county have made toward reducing flood risk since the storm.

Even this seemingly simple task, however, can be an arduous process fraught with difficulties and heartache for residents.

There’s progress, but it’s slow and spotty. We should acknowledge that capital projects take time by their nature, and so does relocating people. There’s a lot to be done because there was so much that hadn’t been done over the past thirty or forty years. I don’t know what else there is to say about this. We should keep a close eye on the progress of all of the projects, we should continue to demand that more is done, and we should be voting for politicians who work towards these goals, but in the end and under the best of circumstances, this is going to take time.

Meanwhile, the jail is filling up again

Jun 16th, 2020
by Charles Kuffner.
1 comment

We really need to do something about this.

Sheriff Ed Gonzalez

The Harris County Jail population has been steadily rising since late April and is now approaching its pre-pandemic capacity despite early efforts to curb crowding, according to the sheriff’s office.

With an influx of inmates anticipated during the summer months, the jail is facing a “serious crisis,” according to a report Tuesday that a sheriff’s representative classified as “sobering.”

The update about the jail population came in a study the county commissioned from the Justice Management Institute, a Virginia-based nonprofit that works with government agencies to make their courts and jails more efficient.

“The justice system has been struggling since Hurricane Harvey,” Tom Eberly, the organization’s program director announced in video testimony before Harris County Commissioner’s Court. “Now with the COVID-19 pandemic, the justice system is on the verge of collapse in your county.”

If the anticipated pace of bookings follows previous patterns, the county could reach 10,000 inmates by Labor Day, according to the nonprofit group’s calculations. And the courts were already backed up before the virus, officials said.

[…]

The lawyers challenging the county’s bail system, who lost a bid for an injunction to order coronavirus releases, said thousands of felony defendants are stuck at the jail awaiting trial simply because they can’t pay cash bail. The vast majority of the population is made up of up pretrial felony detainees.

“Their constitutional rights are being violated, and their health and safety are being jeopardized by COVID-19, which is rampant at the jail,” said Neal Manne, of Susman Godfrey, who works pro bono on the bail cases. “Though Sheriff Gonzales wants to solve the problem, he can’t solve it by himself. No one else is doing anything other than talking about it, week after week, month after month, as COVID-19 surges.”

In the meantime, coronavirus infections have continued to increase, with 993 inmates testing positive since the start of the pandemic.

The pandemic has cramped the jail’s holding capacity, which changes day to day depending upon how many people are quarantined and how much the jail staff must space them out on the cell blocks to help prevent the spread of the virus. For example, 835 inmates who have had the virus and remain in custody have now recovered. But 778 are being kept in observational quarantine, meaning they are not showing symptoms, but they may have been exposed to COVID-19.

Another 600-plus people are housed in what the jail calls “buffer quarantine” because they are new to the jail, according to the sheriff’s office. And nearly 300 convicted inmates are ready to be transferred to state prison but Texas Department of Criminal Justice is not accepting them during the pandemic.

Meanwhile, the jail population is increasing by 115 inmates per week and as of May 1, the county had more than 36,000 pending felony cases, Eberly said. If no new felony arrests were made in the coming months, it would still take 13 months to dispose of the backlog, he said.

However, if the system keeps shuffling along as is, it will take 4½ years to catch up, the study found.

Statewide, jail populations also decreased in the first months of the pandemic and have begun rising going into the summer, a normal trend outside of the unusual circumstances this year, said Brandon Wood, executive director of the Texas Commission on Jail Standards.

Population spikes at county jails largely stem from backlogs in the courts, he said.

“It’s going to be incumbent on Harris County to manage its jail population properly,” Wood said.

You have to wonder how much worse this would be if there were a bunch of misdemeanor inmates awaiting trial because they couldn’t make bail as well. There’s basically three things we can do here. One is to release a bunch of the low-risk inmates who couldn’t come up with the cash for bail. That’s on the judges and the District Attorney, and while there’s been some movement on that, there could be a lot more. Two is to get the courts to the point where they can make a dent in that backlog, which is going to be a hell of a challenge given the fact that the court buildings are still suffering from Harvey, and oh yeah, that global pandemic. Maybe just consider dropping a bunch of low-level charges, divert as many drug charges as possible, and offer as many deferred adjudication deals as possible. There’s some risk to this approach, but what we’re doing right now is not sustainable. And three, maybe now is a good time to just stop arresting people on low-level drug possession charges. Turn down the incoming spigot, and stop adding to the problem. I don’t know where this ends, but the direction we’re going right now doesn’t lead anywhere good.

So you want some flood bond project money?

May 25th, 2020
by Charles Kuffner.
8 comments

Harris County plays a little hardball.

Harris County on Tuesday plans to restrict flood bond projects to municipalities that meet its floodplain development standards, effectively forcing the 34 cities within its borders to adopt stricter rules to access the $2.5 billion pot.

The policy change is meant to protect the county’s largest-ever investment in flood control infrastructure and create uniformity in building rules, following the principle that cities should not permit development than can worsen flooding for their neighbors.

“The goal isn’t to punish anybody,” County Engineer John Blount said. “It’s to announce, ‘Hey, these are the minimum standards we think you should enforce.’”

By the end of this year, cities must set minimum detention rules for new development, prohibit builders from filling in the 500-year floodplain and base standards on the newest rainfall rates, among other requirements.

Many, including the city of Houston, already have updated their rules. County floodplain experts are available to help the remaining cities do so, Blount said.

County Judge Lina Hidalgo said forcing small cities to improve their standards helps them avoid conflict with developers who may oppose the changes. Harris County already haggled with the building community over upgrading its own rules last year.

“This gives them the opportunity to point to us and say, “Look, it’s the county that’s making us do this,’” Hidalgo said. “Hopefully, this will take some of the politics out of that.”

You can look at it that way, as Harris County helping the small cities help themselves by playing the heavy with the developers. You can also look at it as the county protecting its own legitimate interests by not wasting money on projects that will be undermined by lax standards, and you can look at it as the county using its financial might to enforce a rigid standards on smaller and more local government entities. It’s the local control fight in another context, and there’s more than one way to view it. I think the county is correct on the merits, and I’m not even sure there is a good counter-argument to their position in this case. But since local control and the heavy hand of the state government – quite a recent development there, as we know – is a regular topic here, I thought it was worth pondering this initiative from that angle.

Is it finally going to be Infrastructure Week?

Apr 5th, 2020
by Charles Kuffner.
11 comments

I have three things to say about this:

Lawmakers have been talking about striking a deal to rebuild the nation’s infrastructure for years. It might take a pandemic to finally get them to do it, and Texas officials are already working on their wish lists, with ports, highways, high-speed internet and more potentially on the line.

There’s growing talk of tackling infrastructure as the next step in Congress to stave off economic collapse from the coronavirus outbreak, following the $2 trillion stimulus package that passed last month.

House Speaker Nancy Pelosi said on Wednesday that House Democrats are beginning work now on the next package, including “bold action to renew America’s infrastructure.”

President Donald Trump appears to be on board.

“With interest rates for the United States being at ZERO, this is the time to do our decades long awaited Infrastructure Bill,” Trump tweeted. “It should be VERY BIG & BOLD, Two Trillion Dollars, and be focused solely on jobs and rebuilding the once great infrastructure of our Country!”

In Texas that could mean a massive injection of federal funding to rebuild highways and bridges, expand ports and brace waterways for future floods. The federal push could also expand much-needed broadband — which 2 million Texans don’t have — with many Americans now stuck at home, relying on the internet for work, school, telemedicine and more.

“Getting the infrastructure bill done makes a lot of sense,” said U.S. Rep. Lizzie Fletcher, a Houston Democrat on the House Transportation and Infrastructure Committee. “It will be a really important driver to get our country up and running and back to work once we’re on the other side of COVID-19.”

[…]

In the Houston area, planned widening of Interstate 10 in Fort Bend and Waller counties could be at the top of a priority list of projects, along with expanding Texas 146 from two to three lanes in each direction to relieve a well-known truck bottleneck.

Metropolitan Transit Authority has a long list of projects, but also is still drafting much of its $7.5 billion plan, making it unclear whether Houston’s costliest train and bus projects are ready to reap federal dollars.

Then there are the ports and the Intercoastal Waterway, which will likely be at the top of the list for any major federal infrastructure package, said Ed Emmett, the former Harris County Judge who is now a senior fellow at Rice University.

The Houston Ship Channel needs to be deepened and widened, for one thing. Officials with the Port of Houston have been lobbying for federal help for the $1 billion project that would allow the nation’s busiest waterway to accommodate two-way traffic.

[…]

Emmett said he’ll believe there’s federal infrastructure money coming when he sees it.

“I’m a total cynic when it comes to this,” he said. “Anytime there’s a crisis Congress always says infrastructure — ‘we’re going to go spend on infrastructure’ — and it never happens.”

1. What Ed Emmett says. Past attempts at Infrastructure Week have failed because Donald Trump has the attention span of a toddler who’s been guzzling Red Bull. Show me a bill that at least one chamber has on track for hearings and a vote, and get back to me.

2. If we do get as far as writing a bill, then please let’s limit the amount of money we throw at TxDOT for the purpose of widening highways even more. Fund all of Metro’s projects. Get Lone Star Rail, hell even the distant dream of a high speed rail line from Monterrey to Oklahoma City, off the ground. Build overpasses or underpasses at as many freight rail traffic crossings as possible. Make broadband internet truly universal – hell, make it a public utility and break up the local monopolies on broadband. You get the idea.

3. Ike Dike. Ike Dike, Ike Dike, Ike Dike, Ike Dike. Seriously, any gazillion-dollar infrastructure plan that doesn’t fully fund some kind of Gulf Coast flood mitigation scheme is not worth the paper it’s printed on. Ike Dike or GTFO.

Resilient Houston

Feb 20th, 2020
by Charles Kuffner.
1 comment

It’s good to have a plan.

No traffic deaths on Houston streets, 4.6 million new trees, and no more homes in the floodway. All by 2030.

Those are some of the lofty goals set in the master resiliency plan, “Resilient Houston,” that Mayor Sylvester Turner and city officials unfurled Wednesday, a 186-page document that spells out how the city and its residents can orient themselves to best prepare for future disasters like Hurricane Harvey.

The plan addresses resiliency at five scales — people, neighborhoods, bayous, the city and the region — and sets 18 targets, along with a corresponding set of 62 actions to make those happen.

“There’s a lot in there,” said Marissa Aho, the city’s chief resilience officer, who has spearheaded the production of the plan over the last 18 months. Aho was hired from Los Angeles, where she developed a similar framework.

About a third of the actions are initiatives the city already has in the works. Another third build on existing city projects, and the remaining actions are new.

They range from the immediate term, such as the appointment of resilience officers in each city department this year, to the more distant future, such as reaching complete carbon neutrality by 2050.

As noted in the story, the Resilient Houston plan document is here. It’s 186 pages, so I hope you’ll forgive me that I’ve only skimmed the beginning of it. The eighteen goals of the plan are laid out in the table of contents on page 3, and they include items that ought to have wide consensus like “We will support Houstonians to be prepared for an uncertain future”, “We will live safely with water”, and “We will modernize Houston’s infrastructure to address the challenges of the future”. I’d encourage you to look and get a feel for what it’s about. This is part of a worldwide effort called 100 Resilient Cities, of which Houston is now a member. It’s going to take me some time to process all this, and now I feel like I want to do an interview with Marissa Aho once primaries are over. At a high level, I think this is a good and necessary thing, and I think the goals are both desirable and achievable. How we get there will very much be the tricky part.

More flood tunnel studies

Dec 31st, 2019
by Charles Kuffner.
2 comments

Has some promise.

Japanese flood tunnel

With engineers working at a feverish pace to get more than 200 projects in its $2.5 billion bond program moving, much of the Flood Control District’s efforts are focused on nuts-and-bolts improvements — including widening bayous, digging detention basins and purchasing flood prone homes.

From his cramped office at district headquarters, however, engineer Scott Elmer is pursuing the most ambitious project the agency has ever conceived: massive tunnels that could funnel stormwater beneath the region’s bayou network to the Houston Ship Channel.

The tunnels could provide a crucial new tool to complement existing flood control methods, as new development in fast-growing Harris County and more intense storms wrought by climate change place additional pressure on infrastructure.

“When you look at events such as Hurricane Harvey and Tropical Storm Imelda, it’s time for that type of out-of-the-box thinking,” Elmer said.

The flood control district has considered tunnels since the 1990s, though plans have never advanced beyond paper. Since Harvey in 2017, which flooded more than 200,000 county residences and damaged many of the district’s defenses, the county has revisited the idea.

A study engineers completed in October reached two important conclusions — that tunnels feasibly could be constructed and they could move substantial amounts of stormwater that otherwise could pool in neighborhoods or push bayous over their banks. Encouraged by the results, the district has begun a second phase of research, which over the next year will map one to five possible routes. A third one-year phase would include a geotechnical analysis to evaluate construction challenges.

[…]

Experts also offer cautious approval. Jim Blackburn, co-director of the Severe Storm Prediction, Education, and Evacuation from Disasters Center at Rice University, long has urged Harris County to more aggressively approach flood control. Tunnels are a bold idea, he said, so long as they do not exacerbate flooding downstream.

“What I’m concerned about is that in an effort to keep the cost down, they may attempt to terminate it in an area that may already be congested, from a water standpoint,” Blackburn said.

See here and here for the background. I assume this is the result of the study funded by a federal grant that was approved in February. Cost is an issue, though we can try for federal funds and the tunnels can be built in stages. This would just be one piece of an overall strategy, not the entire approach. No other place that has flood tunnels sees the kind of rainfall Houston does, so it’s hard to model an approach after an existing system. There’s more to it than all this, so go read the rest. It seems like a good idea to pursue, but we’re a long way from starting to dig.

Army Corps held liable for Harvey reservoir flooding

Dec 19th, 2019
by Charles Kuffner.
1 comment

A big deal.

Thousands of Houston area residents and property owners landed a historic win against the U.S. government on Tuesday when a federal judge found that the U.S. Army Corps of Engineers is liable for damage caused when it used homes and businesses to retain floodwater upstream of the Addicks and Barker reservoirs during Hurricane Harvey.

The judge ruled the government’s actions led to a violation of civilians’ rights, finding that officials intentionally stored rising floodwaters on private property. He determined — based on complicated data, testimony, evidence and an in-person tour of test properties — that people whose homes and businesses flooded should be permitted to seek compensation for what happened. The residents and business owners successfully made the case that the government knew for decades that the reservoirs would likely not retain floodwaters in a deluge and they did nothing to prevent it.

“We are extraordinarily pleased for the upstream flood victims and honored that the court found that the government was liable for the damage they suffered,” said Daniel Charest, one of the lead lawyers for the group of flood victims. “While we have a lot of work to do for damages this is a massive step toward making these victims whole.”

[…]

Property owners may file suit for six years from the time of the flooding.

Charest said he encourages people in the upstream area who haven’t submitted a claim to do so.

“The window remains open for people the join the litigation and I encourage them to do so to bring justice to the flood victims,” he said.

According to the Trib, there’s a second lawsuit that is still in litigation; this may refer to it, I’m not 100% sure. Be that as it may, this could represent a lot of money to the affected homeowners, which would be a very big deal for them. There’s no indication at this time if this ruling will be appealed, but it’s hard to imagine otherwise.

Next up for Mayor Turner

Dec 17th, 2019
by Charles Kuffner.
6 comments

A preview of his second term agenda.

Mayor Sylvester Turner

Mayor Sylvester Turner said he would seek to enact “transformational” changes in his second term, previewing an agenda that will require city leaders to confront politically difficult issues and vastly expand the use of public-private partnerships — a critical step for some of the mayor’s otherwise unfunded signature programs.

Fresh off his re-election victory over Tony Buzbee, Turner also spoke in new detail Sunday about his plans to restructure the fire department, accelerate the city’s permitting process, build a new theme park and intensify efforts to repair damaged streets.

“I said when I came in, in 2015, I wasn’t going to ignore things because they were not politically convenient. That has not changed,” Turner said in an interview with the Chronicle. “If I have to expend political capital to get some things done, that’s exactly what we’re going to do.”

Chief among Turner’s priorities, he said, is to improve Houston’s flood mitigation infrastructure and quicken the pace of recovery from Hurricane Harvey, which has lagged. The key flood control projects, Turner said, are the construction of new gates on the Lake Houston dam, detention basins in Inwood Forest, the North Canal Bypass channel and an underground detention basin south of the Memorial City area.

Three of the projects have received initial funding through a federal grant program that covers a large share of the cost, with only the underground basin awaiting approval.

More immediately, Turner faces a burgeoning flood control challenge in the General Land Office’s cap on how much Houston and other local governments may draw from a $4.3 billion federal mitigation aid package. Since Harvey, Turner has sparred over the recovery process with Land Commissioner George P. Bush and Gov. Greg Abbott, both of whom wield influence over how the resources are dealt.

Turner said he has no interest in “fighting somebody just to be fighting,” but stressed that he would push for Houston to receive a bigger chunk of the aid.

“I want to work with the governor and I want to work with the GLO, but when it comes to making sure that those dollars benefit people in Houston-Harris County that were impacted by Harvey and can be impacted by another storm, how do you justify a disproportionate amount of those dollars going to some other place?” Turner said. “I don’t think you can make that case.”

[…]

Next term, Turner also said he would look to restructure the fire department by switching from a four-shift to a three-shift work schedule, which is generally viewed as more arduous and is opposed by the firefighters union.

Turner affirmed that such a move would involve lobbying the Legislature to raise the baseline at which firefighters begin accruing overtime pay. Under state law, Houston firefighters begin collecting overtime pay when they work for more than an average of 46.7 weekly hours during a 72-day work cycle. Without the added overtime cost, firefighters in other cities often work 53- or 56-hour weeks, with many operating on a three-shift cycle.

Calling the department’s model “archaic” and “not reflective of the current needs,” the mayor contended that these changes would allow HFD to more efficiently handle calls classified as EMS. Those calls make up more than 80 percent of the incidents handled by the fire department, though the fire union has noted that a far lower share of the department’s “man-hours” are spent responding to EMS calls.

There’s a long list, and we didn’t discuss the plan for HERO 2.0, which will surely use some of that capital as well. If there was ever a time to make changes to how the Fire Department operates, it’s now – the firefighters went all in on beating Turner, and they lost. I foresee a rocky road with Harvey recovery money, because it’s more in Greg Abbott and George P. Bush’s political interests to clash with Turner over how the funds are doled out and managed than it is for them to play nice and get things done. For everything else, political capital has a shelf life. We’ll be talking about the next Mayor’s race before you know it. The more the Mayor can get done next year, the better.

The state of the county 2019

Nov 18th, 2019
by Charles Kuffner.
Comments are off for this post

Harris County Judge Lina Hidalgo has a lot of accomplishments to tout.

Judge Lina Hidalgo

Harris County in the past year has made significant progress on flood control, criminal justice and improving public health, County Judge Lina Hidalgo said in her first State of the County address Friday.

The county executive also announced her administration would make significant investments in early childhood development in the coming year.

Hidalgo said the Houston area continues to enjoy a bustling economy and low unemployment, but said business and government leaders must not be complacent.

“To a veteran coming home ill-prepared for the 21st century job market, a low unemployment rate doesn’t mean much,” Hidalgo said at the annual luncheon, held this year at the Hilton Americas-Houston Hotel downtown. “To a family who struggles, a great medical center can’t help them if they don’t have health insurance.”

[…]

She lauded a historic settlement to reform the county’s bail system for misdemeanor defendants, which a federal judge had declared unconstitutional. Hidalgo thanked Commissioner Rodney Ellis, who has long been an advocate on criminal justice issues.

She noted that in response to a series of chemical fires in east Harris County, Commissioners Court significantly increased the size of the pollution control and fire marshal’s offices, as well as purchased new air monitors.

“We’ve established the most robust environmental policy that Harris County has seen in at least 30 years,” Hidalgo said.

Hidalgo thanked the county’s flood control district and engineering department for speeding up work on the $2.5 billion flood infrastructure program and fast-tracking drainage projects in 105 subdivisions.

She also said her office has made county government more transparent by holding a series of town halls, developing a 311 call system and making a greater effort to include the public at more open, albeit lengthy, Commissioners Court meetings. Hidalgo said to date, four times as many residents have participated than last year.

You can see a copy of Judge Hidalgo’s prepared remarks here. I like the way she addressed the “concerns” some people had about her age, noting that the legendary Judge Roy Hofheinz was three years younger than she was when he was first elected. I think she has a lot to be proud of, and there’s clearly a lot more she has in mind to do. I’m looking forward to it. The Texas Signal has more.

Another ReBuild Houston lawsuit

Oct 26th, 2019
by Charles Kuffner.
7 comments

Gotta say, this puzzles me.

Mayor Sylvester Turner

A pair of Houston residents filed a lawsuit against Mayor Sylvester Turner and city council Monday, accusing them of failing to follow the will of voters who approved a charter amendment last year for funding drainage and street repairs.

The lawsuit accuses city leaders of shortchanging the dedicated drainage fund by failing to transfer the full amount required by last year’s ballot proposition.

The proposition, which essentially was a “do-over” vote on the city’s 2010 street and drainage repair program known as Rebuild Houston, requires the city to dedicate 11.8 cents of its property tax rate to the street and drainage fund. The city, under former mayor Annise Parker and Turner, has transferred less than the full amount generated by the 11.8 cents for the last five years.

The plaintiffs allege a roughly $44 million discrepancy in what the city currently has budgeted compared to the amount generated by 11.8 cents of property tax rate. Over 10 years, the funding shortfall could exceed $500 million, the plaintiffs say.

Turner’s office issued a statement disagreeing with the premise of the lawsuit, saying that transferring the full amount generated by 11.8 cents of tax rate would require moving some $50 million more annually and would “cripple” city services.

“That would mean cuts to essential services like police, fire, solid waste, and other services,” the statement said. “Mayor Turner doesn’t support that.”

The plaintiffs, Allen Watson and Bob Jones, are engineers who were part of the campaign that put the program, then known as ReNew Houston, on the 2010 ballot. It later was renamed Rebuild Houston.

They said they were suing because the city had failed to meet the expectations outlined in Proposition A, which 74 percent of voters approved last year. They are seeking a court order to force the city to direct more money and “to fund the things they said they were going to fund,” Jones said.

“Houstonians spoke loud and clear just one year ago when they voted to create a fund to fix our streets and drainage,” Jones said in a later statement. “…We are undertaking this suit to ensure that the law is upheld, that the promised funding is protected so that our street and drainage infrastructure receives the investment necessary to repair, replace and upgrade our street and drainage systems throughout the city over the next 20-30 years.”

Here’s what I wrote in 2018 about the ReBuild re-vote. You can click the links to the Chron stories, but there’s nothing in either of them that mentioned a percentage of property taxes. The story mentions this was a part of the original mix of funding for ReBuild Houston, and here I have to confess I don’t remember that. There was so much noise and drama about the drainage fee that anything and everything else got overpowered. If this is what’s supposed to happen, then the consequences will be unpleasant. On the plus side, maybe it’ll take another decade to get settled via the courts.

The state will be handling the Harvey relief funds

Oct 10th, 2019
by Charles Kuffner.
4 comments

Don’t worry your pretty little heads about it.

Texas is likely another nine months from getting $4.3 billion in federal post-Hurricane Harvey recovery money aimed at better protecting the state from future flooding and disasters. But when it finally arrives, Gov. Greg Abbott made clear Friday the state will be handling the money directly and not turning it over to cities and counties to manage.

While some local officials expressed frustration over the decision, Abbott said he’s turning to Texas Land Commissioner George P. Bush to lead the program aimed at large-scale, regional projects. Bush has already been tasked with dealing with housing recovery issues since Harvey hit Texas in August 2017.

Harris County Judge Lina Hidalgo said she was hoping for more direct control over the funding.

“While we’re disappointed in Governor Abbott’s decision to run this program out of Austin instead of providing us local control, we’ll continue to work as a team to make sure we apply every single federal dollar available towards building a stronger, safer Harris County,” Hidalgo said.

Similarly Houston Mayor Sylvester Turner said the city will continue to work closely with Bush’s agency, but made clear who will be to blame for delays in getting work completed.

“If there will be any delay in the distribution and use of flood mitigation aid, it will come from the federal and state government,” Turner said.

Texas has been waiting for the money since February 2018, when Congress first approved the disaster mitigation program. But it took until August for the U.S. Department of Housing and Urban Development to publish rules on how the money can be used.

Now, Bush and the Texas General Land Office are required to develop a “state action plan” that must later get yet another approval from HUD. According to a joint statement put out by Abbott and Bush on Friday, that could take another “nine months or more to complete.” That would mean July 2020 — just short of three years after Hurricane Harvey made landfall.

Here’s Mayor Turner’s statement about this. If one wants to feel cynical about this, one might note that while control of the funds will be with the state, blame for any delays or deficiencies will be laid on local officials, who are much more likely to be Democrats. How many people are going to understand it when blame gets pointed at the Land Commissioner? That’s not an intuitive place for these funds to originate, at the very least. Maybe this will all go well – if George P. Bush continues to have aspirations to run for Governor, he’ll have incentive to not screw this up or play politics in too obvious a fashion – but the incentives are not in alignment. Keep that in mind if and when there is something to complain about.

Oh, and since this story was published, both Greg Abbott and George P. Bush have been yelling at Mayor Turner on Twitter, for not being sufficiently grateful to them for the federal funds, which by the way still have not been released. So yeah, there’s good reason for being cynical.

The Chron’s overview of the Mayor

Oct 7th, 2019
by Charles Kuffner.
12 comments

It’s a fair picture.

Mayor Sylvester Turner

Mayor Sylvester Turner hugged his way through three dozen staff and supporters, reached the podium, and smiled.

It was May 2017, and Turner’s landmark pension reform bill had just passed the Legislature, validating his decision to devote the first 17 months of his term almost exclusively to the city’s top fiscal challenge.

The longtime legislator finally had won the job on his third try, fulfilling a dream more than two decades in the making. His tenure had not been perfect — there was the Tax Day Flood, the tanking recycling market, two huge budget deficits.

This day, though, things were good.

“Let me just tell you,” Turner said, “this is one of those moments where you want to just kind of take it in and not let it pass too quickly.”

The moment would prove to be one of the last Turner — the first Houston mayor elected to a four-year term — could relish, unburdened by crisis.

Within four months, the mayor found his agenda dominated by catastrophic flooding wrought by the worst rainstorm in continental United States history, as well as a man-made crisis — a bitter fight over firefighters’ pay that led to a lopsided loss at the polls and, later, a win at the courthouse.

Those challenges, and Turner’s tendency to keep a tight grip on the reins of government and immerse himself in the details of decision-making, constrained what the mayor — and the allies who helped elect him to office — had hoped he would accomplish.

Most political observers expect Turner — who held a 17 percent lead over his nearest rival in a recent poll — to retain enough support to earn a second term. The mayor, however, has drawn plenty of detractors and underwhelmed some supporters, putting him in a less secure position than one might expect of an incumbent Democrat in a blue city.

You know I’m supporting Mayor Turner for re-election. I believe he’s generally done a good job, and I find his leading opponents to be somewhere between disingenuous, dishonest, and delusional in their alternate proposals. I wish he’d made more progress on some of the issues discussed in this story, but flooding and the firefighter saga have taken priority, and that’s just how it goes. The only one of his opponents that I’d trust to value those same priorities is Sue Lovell, and I have more faith in Turner to move them forward. Statements in the story about Turner’s control over the ordinance process have been made about every previous Mayor, and will continue to be made about future Mayors. We’re fine with Mayor Turner. I don’t feel fine about the alternatives. Sometimes it’s just as simple as that.

(There was a Chron profile of Bill King a couple of says earlier. I fell asleep each time I tried to read it.)

Once again, we wait for disaster relief funds

Sep 25th, 2019
by Charles Kuffner.
Comments are off for this post

At least people know the drill by now.

Five deaths are linked to floods from Tropical Storm Imelda, the worst storm in Texas since Hurricane Harvey and one of the wettest tropical cyclones in the nation’s history, according to the National Weather Service.

Imelda dumped as much as 43 inches of rain in some parts of southeast Texas, according to the National Weather Service. In comparison, Harvey dropped about 60 inches of rain.

Although Gov. Greg Abbott declared a state of emergency Thursday morning, it does not qualify individuals for financial aid. That would have to come from a federal disaster declaration, which would release federal dollars for public assistance or individual assistance. Federal Emergency Management Agency agents began doing damage assessments Monday morning, said a FEMA spokesperson. It’s unclear how long that will take, the spokesperson said.

Public assistance is money reimbursed to state and local governments and certain nonprofit organizations for the cost of disaster-related repairs and protective measures, according to the FEMA website. The affected area must reach a little over $37 million in public damages to qualify, according to Seth Christensen, a representative for the Texas Division of Emergency Management. For individual assistance, paid out to individuals for housing and other disaster-related needs, there need to be 800 homes that took in 18 inches or more of water and are not covered by insurance, Christensen said.

We’ll see about that. And we’ll see about Donald Trump’s promise that federal aid will be expedited, because we all know how good to his word Donald Trump is. Maybe this time we’ll get it before the next 500-year storm hits. The Chron has more.

The cumulative effect

Sep 22nd, 2019
by Charles Kuffner.
9 comments

We really need to give a lot more thought, and action, to this.

As the flood-weary city of Houston recovers from yet another historic storm in the coming days, rubber-gloved mucking brigades and tow truck armies will swoop in to clean up the physical mess. But more and more, Houstonians are finding that the toll of these repeated floods reaches far beyond the physical. The events have changed the very way our city feels.

A Rice University study published earlier this month found that nearly 20 percent of flood victims surveyed in the wake of Hurricane Harvey reported post-flood PTSD, depression and anxiety. And more than 70 percent said the prospect of future flood events was a source of worry.

Harvey was the third “500-year” rain event to hit Southeast Texas in three years. This week, Tropical Storm Imelda also earned that distinction, as some areas received more than 40 inches of rain, paralyzing the area as highways morphed into parking lots and first responders performed more than 2,000 rescues Thursday alone. And many residents are now asking themselves: Is Houston worth it?

[…]

Ronald Acierno, director of UTHealth’s Trauma and Resilience Center, compares the cumulative effect of Houston’s weather events to a combat veteran who experienced improvised explosive devices in crowded marketplaces.

“Just as they may experience stress just being in a busy shopping center, new flooding can elicit anxiety or panic in victims of previous flooding,” said Acierno. “Even if they’re not affected by the new flooding or the danger isn’t as intense, the similarity will trigger a response.”

Acierno said “emotionally draining” is a good term for the frequent flooding’s effect on those for whom the toll doesn’t constitute PTSD.

“We don’t need to pathologize normal responses,” said Acierno, a professor of psychology at McGovern Medical School at UTHealth. “That doesn’t mean it doesn’t hurt.”

Acierno said seeking treatment or connecting with other people going through the same experience is the most protective way people can deal with the constant stress.

I couldn’t find the study in question, but these two articles from Texas Climate News do a good job summarizing what researchers have learned since Harvey. Obviously, climate change is a huge part of the problem. That’s a bigger problem than anything Houston and the greater Houston area can solve, though every government entity should be doing all they can. In the shorter term, we need to be moving quickly and decisively towards greater resilience. That’s going to cost a lot of money, and the state and the feds are going to have to do their part. We all know now, it’s just a matter of “when” for the next massive flood event, whether it’s one we see coming like Harvey or not, like Imelda. We know it’s out there, and it’s going to happen. What are we doing about it?

Risk management is hard

Sep 21st, 2019
by Charles Kuffner.
Comments are off for this post

I have a lot of sympathy for these school officials.

At least 20 school districts in Greater Houston opted to stay open as the remnants of Tropical Depression Imelda bore down on the region Thursday, decisions that angered some parents as heavier-than-expected rains flooded swaths of the region during the school day.

Water inched in at least two Houston ISD schools while students were inside. Parents drowned their cars or waited in long lines trying to pick up students in some neighborhoods. Districts canceled after-school activities, issued shelter-in-place orders and grappled with transportation challenges as rising waters swamped roads.

At least 11 local school districts announced they would be closed Friday: Aldine, Conroe, Humble, Huffman, Channelview, Galena Park, Sheldon, Dayton, New Caney, Crosby and Splendora. Parents and others still fumed that many districts opted to stay open during the worst flooding the region has seen since Hurricane Harvey in 2017.

Shortly after 8 p.m. Thursday, Houston ISD issued a statement that all of its schools would also be closed Friday.

In choosing to hold classes, officials from districts across Greater Houston said they followed advice from emergency management officials delivered in the early morning hours of Thursday, before weather patterns took an unexpected turn. Officials in Houston, Aldine, Conroe, Willis and other school districts that remained open said the change in weather caught them by surprise, forcing them to make last-minute decisions about transportation and whether to delay or move up dismissal times.

Like I said, my office was open Thursday after we’d all been told to work from home on Wednesday. That didn’t work out so great for a lot of us, myself included. We didn’t see the Thursday deluge coming, so based on the evidence we had, that was the decision. As an HISD parent, I distinctly remember several recent occasions where schools were closed in anticipation of dangerous weather that wound up not coming. That causes lots of problems for parents, too, as not everyone has the capability of taking off time from work at the last minute. HISD and other districts – and businesses, and government offices, and so on – have to tke their best guess in these situations. Sometimes, even when they bet on an obvious favorite, that guess is going to be wrong. It sucks, but that’s life and it’s no one’s fault.

Tropical Storm Imelda

Sep 20th, 2019
by Charles Kuffner.
2 comments

That escalated very quickly.

Heavy rainfall from now-downgraded Imelda continued to wreak havoc Thursday for much of southeast Texas, where officials were dealing with impassable roadways, downed trees, power outages, hundreds of high-water rescues, fast-rising water and in one small town, a hospital evacuation.

At least one death has been linked to the storm. A man in Jefferson County was electrocuted and drowned while trying to move his horse, according to authorities there.

Houston Mayor Sylvester Turner said during a Thursday afternoon press conference that there have been no reported fatalities in the city, though the Houston Fire Department is responding to double its normal call volume.

Turner later added that the intensity of Thursday’s storm wasn’t anticipated after the tropical depression on Wednesday appeared to migrate east.

“This happened very quickly,” he said. “But it’s just demonstrating that in this day and time, climate change is real. And we no longer have to be concerned just with a hurricane. We have to be concerned with almost any sort of weather system that can quickly evolve into a major storm and produce a great deal of rain.”

In Galveston County, heavy rains pummeled the already saturated island community Thursday, with over 15 inches recorded at Scholes Field since Imelda made landfall, according to the National Weather Service. Another round of storms could develop over Galveston overnight, and a flash flood watch will continue to be in effect into Friday morning.

In Bolivar, water restrictions are in place after the peninsula’s water treatment facility, located in Winnie, went offline after storms pummeled the Chambers County community. It is unclear when the plant will be back up and running. Officials said there should be enough water stored to last residents for the next two days.

Towns east of Houston like Winnie and Beaumont really got slammed. When you see the words “worse than Harvey” being used to describe the damage in Winnie, you know it was truly bad. Houston became a traffic nightmare, but we’re used to that. The irony is that lots of people stayed home on Wednesday because that was supposed to be that big rain day here. It wasn’t, and so no one saw Thursday’s deluge coming. I know I got stuck at work thanks to I-10 being closed at 610. But we’re all still in better shape than the folks east of here. A disaster has been declared for multiple counties, and they’re going to need all the help they can get. I don’t know offhand what the best way to give to relief efforts is yet, but I’ll post an update when I find something. Stay dry, y’all. Space City Weather has more.

Some flood mitigation funds are coming

Aug 12th, 2019
by Charles Kuffner.
Comments are off for this post

Good.

The Federal Emergency Management Agency has awarded Houston its first grant aimed at mitigating flooding since Hurricane Harvey hit nearly two years ago, laying the groundwork for new gates on the Lake Houston dam and detention basins in Inwood Forest.

Both projects have estimated price tags of about $47 million, with $35 million coming from the federal government. The state, through legislation passed during the recent session, will cover about $9 million for each, with the city paying the rest.

The announcement drew swift praise from local and federal officials, who had been awaiting the money since Houston applied last year.

“This is a breakthrough moment for the City and one we have been waiting for very patiently,” Mayor Sylvester Turner said in a statement. “Houston has bounced back from Harvey, but we need the federal government as a full partner as we work to prevent flooding from the next storms that will surely come.”

[…]

The Lake Houston project will add 10 gates to the dam, allowing the city to release larger amounts of water ahead of heavy rains. In a news release, Turner’s office said the project would protect about 35,000 residents and 5,000 structures.

Meanwhile, the Inwood basin project is a joint venture between the city and Harris County, who are aiming to build 12 detention basins on a defunct golf course in northwest Houston. The basins will be able to hold about 1,200 acre-feet of water, which equals roughly 592 Olympic-size swimming pools, or enough water to fill the Astrodome, Turner’s office said.

Here’s the Mayor’s press release, which has more details. The projects are slated to be done by 2022. I don’t have anything to add to this, I’m just glad it’s happening.

The Ike Dike debate continues

Aug 8th, 2019
by Charles Kuffner.
Comments are off for this post

There’s more than one way to mitigate against flooding, and it may be best to adopt more than one of them.

For about a decade, two of Texas’ top universities have pushed dueling plans to protect the Houston-Galveston region from hurricanes.

A concept championed by Texas A&M University at Galveston appears to be winning out as the federal and state governments pursue a plan similar to one proposed by A&M oceanographer Bill Merrell in early 2009, months after Hurricane Ike smashed ashore at Galveston Island.

But that project by the U.S. Army Corps of Engineers and the Texas General Land Office, which calls for the installation of beachfront sand dunes and massive storm surge barrier gates, won’t become reality for at least 15 years — and probably much longer. That leaves plenty of time for a worst-case hurricane to devastate the densely populated, highly industrialized region — a reality that’s coming into sharper focus as sea levels rise and the ocean warms.

The so-called coastal barrier system also carries a significant price tag — as much as $20 billion — and a significant part of the system may guard against only a modest 100-year storm.

In the meantime, Rice University is pushing a plan that it says could become a reality faster and more cheaply than the coastal barrier system. While the Galveston Bay Park Plan isn’t designed to protect as much land as the coastal barrier system, the chief spokesperson for the university’s Severe Storm Prediction, Education and Evacuation from Disasters Center — known as SSPEED — says it would offer a significantly higher level of protection than the coastal barrier system for the most populated and industrialized areas in Houston and Galveston.

The park plan, conceived in 2015, calls for the use of clay dredged from the Houston Ship Channel, where a $1 billion deepening and widening project is in the works to accommodate more and larger ships, to create a 25-foot-tall levee along the shipping lane, which is the nation’s busiest. Additional dredged material would be piled behind it to form parkland. The dike would connect to an existing levee at Texas City, which would be raised to 25 feet from 17 feet.

A significant amount of dredged material has already been disposed of along the channel, forming marshy islands and a wildlife management area. That means it would not have to be built entirely from scratch.

A large storm surge gate — much like ones called for in the coastal barrier system — also would be installed and would be closed only when big storms threatened the area. Like the coastal barrier system, the park plan also calls for a “ring” levee around the city of Galveston to protect it from incoming and outgoing storm surges, the deadliest effects of hurricanes. The new north-south levee, which would cut through Galveston Bay, would be punctuated by smaller gates to allow boats to pass through.

See here for some background on the SSPEED plan, and here for more on the plan that has been selected as the preferred plan by the U.S. Army Corps of Engineers. The SSPEED alternative is touted by Jim Blackburn, who has been a critic of the Corps’ Ike Dike study. Blackburn says this plan could be done as early as 2027 for $3 billion to $6 billion, which means it could be locally funded; that would also speed up the process, as it would not need to go through so much federal review. It could also be done as a complement to the Ike Dike. The Corps disputes SSPEED’s cost estimate and argues their plan would have a significant environmental impact. I’m not qualified to sort that out, but I do like the idea of having a more nimble plan in place that could get some mitigation going right now, rather than a decade or more from now. Read the story and see what you think.

I for one am happy to be anti-drowning

Aug 5th, 2019
by Charles Kuffner.
5 comments

I’m almost irrationally furious about this.

Wednesday’s event by the Bayou City Initiative was billed “Flood Resiliency and the State of City Infrastructure.” So, it was no surprise to see featured speaker Carol Haddock, head of Houston Public Works, get asked what the city department in charge of drainage and roads has done to prepare itself for the next storm.

Haddock started by saying the department had provided swimming lessons to its staff.

“I’m proud of that,” she said later.

There was more to the answer Haddock provided, including information on ditch clearing and updates to major projects before three successive years of deadly flooding and some projects still to come. Those details just came after the bit about teaching dump truck drivers how to swim.

“Why in the world would that be the first thing out of her mouth?” mayoral candidate Bill King said. “At first I thought it was a joke, but then it was clear she was serious. It was so bizarre.”

King, who often takes to Twitter, did just that, twice, lambasting Haddock.

“You can’t make this stuff up,” he tweeted. “Would love to see who got the contact (sic) to conduct the swimming lessons.”

[…]

After the flooding related to Hurricane Harvey, public works staff were asked how the city’s response could be improved, something Haddock said typically is asked after any major event.

Because the department has big trucks, and big trucks can travel in water deeper than conventional cars and trucks, some public works workers are called into service as first responders — either driving police and fire workers into flooded areas or closing off roads.

Many told Haddock and other public works officials they could not swim, but they wanted to help out in floods.

Haddock hooked up interested employees with a Saturday swim lesson at a city pool, taught by parks department instructors and firefighters. The lesson included basic swimming skills, how to secure a rope and proper use of objects to help someone in high water.

The public works employees did it on their day off, Haddock noted.

Yes, Bill King, coddled rich guy who wants to be Mayor, talked shit on Twitter about city employees who asked for swimming lessons so they could do more to help with rescue operations during floods. Bill King, pampered swell who doesn’t want for anything, sneered at people whose first instinct in a disaster is to think of others. Bill King, living a life of leisure on the wealth of a golden retirement portfolio, looked down his nose at working folks who gave up their Saturday so they could be a bigger part of the solution during the next Harvey. As that embedded cartoon says, “Christ, what an asshole”.

The Dutch way to mitigate against floods

Jul 27th, 2019
by Charles Kuffner.
8 comments

We can learn a lot from this largely-below-sea-level country.

David Zacek for The Texas Tribune

On a sunny Friday in late May, a jubilant wedding party scrambled to the top of a colossal sand dune in this tiny Dutch beach town for a photoshoot, bridesmaids’ arms flailing as their high heels sunk in. The wedding ceremony had just ended at an outdoor venue nestled behind the six-story mountain of sand, which blocked the view of the North Sea.

At the town’s main strip nearby, a mostly older crowd sipped beers and wine and nibbled on ice cream cones. No one seemed to mind that they couldn’t see the water.

Unlike in the United States, such obscured ocean views are common in the Netherlands, where people aren’t allowed to build homes or businesses directly on the coast — and for good reason. Three of Europe’s major rivers run through the compact country on their way to the ocean, and almost one-third of it lies below sea level, making it extremely vulnerable to deadly storm tides.

The dunes in Noordwijk are part of a world-renowned storm defense system that covers the entirety of the Netherlands’ coastline — much of it hefty enough to protect against a monster, 10,000-year storm. The system has become a beacon for Texas as it looks to guard the eastern flank of the low-lying Houston-Galveston region — home to millions of people and the nation’s largest petrochemical complex — from hurricanes. Despite its vulnerability to deadly storm surges, the upper Texas coast has no comprehensive storm protection system.

That vulnerability became apparent after Hurricane Ike in 2008, when scientists warned that the storm — the costliest to ever hit Texas at the time — could have been much worse for the Houston-Galveston region if it hadn’t changed course at the last minute. And although 2017’s Hurricane Harvey made landfall much farther down the coast, its torrential rains put large swaths of Houston underwater and drove home the widespread damage a hurricane could inflict on the nation’s fourth-largest city.

The Netherlands experienced a similar reckoning after a freak storm in 1953.

That North Sea flood, which the Dutch simply call “the disaster,” breached neglected and war-battered dikes, inundated an area bigger than the city of Houston and drowned more than 1,800 people — a death toll nearly identical to that of Hurricane Katrina after it swamped New Orleans and parts of Mississippi. Within weeks, a special Dutch commission initiated a sweeping public works program that it vowed would keep the country dry forever.

“The 1953 flood was a wake-up call,” said Marcel Stive, a hydraulic engineering professor at the Delft University of Technology. “While the economy was resurrecting and doing well [after World War II], the public and politicians realized our vulnerability.”

The Delta Works, later declared one of the “Seven Wonders of the Modern World” by the American Society of Civil Engineers, surrounded a fifth of the country’s population with an ingenious combination of dams, dikes, locks and first-of-their-kind storm surge barriers. It took decades to finish it all — much longer than expected — but the first project was complete just five years after the storm.

In the 66 years since the disaster, no Dutch citizen has died in a flood. In Texas, hundreds of citizens have perished in floods and hurricanes just in the past two decades.

Flood risk has remained so low in the Netherlands that homeowners don’t buy flood insurance and building codes behind the flood barriers are virtually nonexistent.

Sounds good, doesn’t it? The Ike Dike is based on the Dutch storm surge system. Go read the rest of the story and see what that means.

A look at the Constitutional amendments we will see this November

Jul 6th, 2019
by Charles Kuffner.
3 comments

There are ten of them, including a couple I will vote against as hard as I can.

House Joint Resolution 4 would let the Texas Water Development dole out dollars from a flood infrastructure fund — created by Senate Bill 7, which would spend $1.7 billion from the rainy day fund — to be used for planning, seeking permits for or constructing flood-related projects. SB 7 is awaiting Gov. Greg Abbott’s signature.

If approved by voters, the flood infrastructure fund would be created at the start of next year.

HJR 34 would let the Legislature temporarily lower tax rates on property damaged during a disaster declared by the governor. House Bill 492 would set the initial tax exemption rates, up to a full exemption, according to the extent of the damage.

HJR 38 would ban the creation of a state income tax, doubling down on a constitutional amendment approved by voters in 1993 that requires voters’ permission for the Legislature to create a state income tax.

[…]

HJR 95 creates a tax exemption for precious metals held in the Texas Bullion Depository, which opened in North Austin in June 2018 with its permanent location in Leander expected to open in December.

While that depository made Texas the only state to have a state-operated depository, HJR 95 author Rep. Giovanni Capriglione, R-Southlake, said it is at a competitive disadvantage because it is also the only state allowing local property taxes on precious metals.

HJR 72 intends to ease the pressure put on smaller communities to find municipal judges by allowing one person to be elected to multiple cities’ judgeships. Currently a person can only hold multiple municipal judgeships by being appointed to each one.

Senate Joint Resolution 32 would let police dogs and other law enforcement animals retire in their old age to live with their handler or other caretaker. The state constitution currently prevents law enforcement from transferring valuable property to a private person or organization for free.

The other four are HJR12, HJR151, SJR24, and SJR79, all of which are financial in nature. As you know, I’m going to cast an enthusiastic but almost certainly futile vote against HJ38, the double secret illegal anti-income tax proposition. HJR95 also looks ridiculous to me – the whole Texas Bullion Depository thing is ridiculous, so it comes with the territory, while HJR72 and SJR32 seem reasonable. The rest I’ll figure out later. The ballot wording should be set in August. What do you think about these?

Still filled with dread about I-45

Jun 18th, 2019
by Charles Kuffner.
12 comments

Anyone got a paper bag I can breathe into?

Strip away the enormity of rebuilding Interstate 45 and the promise of speedier trips along downtown Houston freeways, and two questions about the once-in-a-generation project remain:

How many negative effects are acceptable in one neighborhood for other people’s faster commutes?

And, how far should transportation officials go to reduce those impacts, to secure support and not vocal opposition?

“This is the defining project in the city of Houston for the next 20 years,” said Michael Skelly, a local businessman and organizer of the Make I-45 Better Coalition. “Doing it properly means minimizing impacts and, where there are impacts, mitigating them properly.”

Impacts expected from the widening of I-45 from downtown north to the Sam Houston Tollway — including a $3 billion remake of the downtown freeway system that buries a portion of the freeways and tears down the Pierce Elevated — run the gamut of environmental and social ills: air quality and flooding concerns for schools, day cares and low-income communities; removal of public housing developments in a city already hurting for affordable homes; concrete pillars and ramps rising above pristine park space along area bayous; uprooting 300 businesses employing 24,000 people and 1,400 homes.

“What concerns us as a group is inequity,” said Oni Blair, executive director of LINK Houston, a local transportation advocacy group. “They will feel losses, not gains.”

Texas Department of Transportation officials say they are balancing those concerns with a need to rebuild a freeway beyond its useful life, in a way that officials believe prepares for how Houston will move more than a decade from now.

“We are working real hard to make this work,” said Quincy Allen, district engineer for the six-county Houston area. “Everything we’ve heard, we’ve said ‘let’s see if we can make this work.’”

Not every problem, however, has a solution as TxDOT awaits federal approvals, possibly by the end of this year. The total cost of the project could climb above $7 billion. Construction on the segments where I-45, Interstate 69 and Texas 288 intersect could start as early as 2021.

It’s a long story, so go read the whole thing. I’ve already written about Independence Heights and the raw deal they’re likely to get, so I’ll just note two more things. One is that when a certain high-speed rail project needs to use eminent domain to build on rural land, there’s a huge (though to be fair, so far not very effective) political backlash. But when a highway expansion being proposed for the heart of a city that will “uproot 300 businesses employing 24,000 people and 1,400 homes”, there’s a much more muted reaction. You tell me why that is. And two, as someone who is now working on the west side of town and commuting on I-10 every day, let me tell you that whatever traffic flow improvements this will achieve when the ribbon is cut, they will not last for long. I head west on I-10 from the Heights every day before 6 AM, and you’d be surprised how much traffic there is already. It moves at highway speed, but if I were to leave even thirty minutes later, that would not be the case at all. I drive home between three and four, supposedly going “against traffic”, and again, you wouldn’t believe how full it is. Most days, traffic is heavy enough to cause standstills, and it’s almost always worst inside the Loop. We’re what, a decade out from the much-ballyhooed Katy Freeway expansion? Good luck with trying to solve this when the clamor for relief starts to rise. My point is, we’re going to go through multiple years of hell, for maybe a few more years of improvement. Again, you tell me if there isn’t a better way.

We still have a lot of broken flood mitigation infrastructure

Jun 6th, 2019
by Charles Kuffner.
Comments are off for this post

Did I mention that hurricane season is underway?

As the Atlantic hurricane season arrives Saturday, Harris County leaders say the region remains extremely vulnerable to major storms two years after Hurricane Harvey’s unprecedented rains swamped the Houston area, forcing leaders to consider how flood protection projects can be sped up.

Ninety-five percent of the county’s flood control infrastructure damaged by Harvey has yet to be repaired, a testament to the scope of the monster storm and the laggard pace at which the federal government disburses funds. Though the county flood control district has begun projects supported by a $2.5 billion flood infrastructure bond passed by voters this past August, no major improvements have been completed.

The Harris County Flood Control District made $5 million in emergency fixes in the months following Harvey, such as clearing a dangerous silt build up in waterways leading into Addicks Reservoir. Engineers, however, had to wait for federal aid to begin the bulk of needed repairs.

“We literally could not start the construction before grants were in place because we would not have been reimbursed,” said Alan Black, the district’s director of operations.

[…]

The precarious state of Harris County’s flood control infrastructure leaves the region more vulnerable to storms like Harvey and Tropical Storm Allison in 2001, where rainfall rather than high winds posed the greatest danger.

“If we have an exposed area where we’ve had erosion and slope failures, then yes, we’re susceptible to more damage,” Black said. “There’s no doubt about that.” The county has more than 200 sites across its 23 watersheds with eroded banks, collapsed slopes or submerged trees.

The flood control district is relying on three federal grants, totaling $86 million, to fund the repairs. The first appropriation arrived last August; the remaining two were delayed by the 35-day federal government shutdown beginning in December and were not approved until the spring. Now that Harris County has hired construction firms, the flood control district expects to complete the repairs by September 2020, three years after Harvey.

The good news is that we are expecting a modest hurricane season. The bad news, well, you already know what that is. We need some good luck this year, because our shields are down, and they’re going to be down for awhile.

Hurricane season again

Jun 1st, 2019
by Charles Kuffner.
Comments are off for this post

As always, we hope for the best.

The National Hurricane Center predicted Thursday that a near-normal Atlantic hurricane season is most likely this year, meaning a likely range of nine to 15 named storms (winds of 39 mph or higher), of which four to eight could become hurricanes (winds of 74 mph or higher), including two to four major hurricanes (category 3, 4 or 5; with winds of 111 mph or higher). Hurricane season begins June 1.

A near-normal season, of course, could still be hazardous for southeast Texas residents, who are two years removed from Hurricane Harvey, a Category 4 storm that dumped 51 inches of rain in some parts of Greater Houston. That storm damaged 100,000 homes and left around 80 people dead in Texas, most in the Houston-Galveston area.

Matt Lanza, a forecast meteorologist in Houston’s energy sector and the managing editor of the website Space City Weather, said National Hurricane Center predictions are careful not to forecast with certainty. While the likelihood of a “near-normal” hurricane season was assessed at 40 percent, the chance of a season slightly above or below normal was judged to be 30 percent.

“There’s a lot of hedging in there. That’s kind of the reality with these sort of things; hurricane forecasting is not a perfect science yet,” Lanza said. “It’s a good incentive for people to not let their guard down despite a normal to below-normal potential season.”

Experts generally agree that the ongoing El Niño event, in which surface temperatures become warmer than normal in the equatorial Pacific Ocean, portends a quieter hurricane season.

But Phil Klotzbach, a research scientist for Colorado State University’s Tropical Meteorology Project, said the intensity of El Niño is subject to debate, and the phenomenon might not suppress hurricane development as much as it did in 2018.

“What (El Niño) does is basically it changes the circulation of the tropics in such a way that you get strong westerly winds that shear and tear apart hurricanes in the Atlantic, and especially in the Caribbean,” Klotzbach said. “The magnitude of the El Niño definitely plays a role; it’s not just that you hit this magical threshold and nothing happens.”

Definitely better to have a “normal” season being forecast than a busy one. This is one of those situations where it’s not just about the quantity, since as we well know it only takes one storm to make it a very bad year. We’re still getting funds related to Harvey – the Lege put up $1.7 billion for flood control, while Congressional Republicans continue to screw around with a national disaster relief bill – so it would be very nice if we could avoid anything nasty this year. Keep your fingers crossed.

Another big flood would be bad

May 29th, 2019
by Charles Kuffner.
Comments are off for this post

Breaking news, but this is worth paying attention to.

Housing sales would drop, gasoline prices would increase and Texas would lose hundreds of billions of dollars in economic output if a major storm struck an unprotected coastline, according to a new study.

The joint study by Texas A&M University at Galveston and the Texas General Land Office assesses the storm surge impacts on the three counties along Galveston Bay — Galveston, Harris, and Chambers — and explores how flooding from a severe storm would impact different sectors of the local and national economies.

The study finds that a 500-year storm would result in an 8 percent decrease in Gross State Product by 2066, an $853 billion loss. (A 500-year flood has a 0.2 percent chance of occurring in a given year. Hurricane Harvey was the third such event in the Houston area in three years.)

With a coastal barrier in place, the study found, economic losses would be significantly less harmful. Gross State Product would still decline after a 500-year storm, but only by 2 percent. Housing sales would decrease by 2 percent, while petroleum and chemical output would decline by 3 percent and 5 percent, respectively.

[…]

The economic outlook for an unprotected Houston-Galveston region ravaged by a storm surge is bleak, the report shows.

Housing sales would decline by nearly 8 percent, a $39.5 billion loss. Revenues in the petrochemical sector would decline by 19 percent, a $175.4 billion loss, while prices on petroleum products would increase by 13 percent.

Nationally, following an unprotected, 500-year surge event in Galveston Bay, the U.S. Gross Domestic Product would be 1.1 percent lower by the end of the 50-year period, an estimated $863 billion dollar economic decline.

The GLO press release is here, and the website showing the result of various scenarios is here. The Army Corps has recommended a particular plan for a coastal barrier, though some people disagree with the option that was selected. Be that as it may, the point here is that however expensive an Ike Dike may be, the cost of doing nothing is potentially much greater, with long-lasting effects. We have seen very clearly that the “500 year” part of “500 year storm” doesn’t mean what it once did. How much are we willing to risk remaining unprotected when the next one hits?

Who needs disaster recovery funds?

May 26th, 2019
by Charles Kuffner.
1 comment

Not this guy.

Rep. Chip Roy

A bipartisan group of Texas members of Congress will have to wait until early next month to see passage on a long-sought measure that will release more than $4 billion dollars in aid to parts of Texas that bear the brunt of hurricanes.

Legislation that swiftly passed the U.S. Senate on Thursday afternoon came to an abrupt halt on the U.S. House side at the hand of a Texan — U.S. Rep. Chip Roy, an Austin Republican.

The bill allocated over $19 billion in disaster funding for nine states and two territories. But most Texans in Congress were focused on the bill’s provision that created a 90-day deadline for the Office of Management and Budget to release billions in grant funds to Texas that Congress approved more than a year ago after Hurricane Harvey.

The disaster funding bill had languished in both chambers. But then, on Thursday, congressional leaders and President Donald Trump were able to break the logjam, and the bill swiftly passed the Senate, 85-8. The chamber’s two Texans — Republicans John Cornyn and Ted Cruz — voted for it.

By that point, most of the U.S. House was headed home for the Memorial Day recess. Members are not expected to return until June 3. The hope, among backers of the bill, was that the House would pass the bill with a voice vote – a measure that would only work if there were no objections within the chamber.

Some Texas sources had anticipated an objection to the move, but that it turned out to be a fellow Texan shocked a number of them Friday morning.

Roy’s core objection was procedural: He didn’t like the notion of moving the bill forward after the House had left town, with little time to process legislation of that scale, according to a statement he released Friday. He further blamed House Speaker Nancy Pelosi for not holding members in Washington to vote on the bill.

[…]

With the assumption that the bill passes when Congress returns from Memorial Day recess at the beginning of June, the OMB could end up waiting until late summer to release the funds — a time frame that blows past much of hurricane season, which begins June 1.

Eh, I’m sure it’s nothing to worry about. Whoever heard of a hurricane hitting Texas in the summertime? Chip Roy is a minion of Ted Cruz, who sent out an ill-timed press release lauding the quick delivery of Harvey funds before Roy’s little power ply. He learned at the feet of the master, Ted. Anyway, just a reminder that CD21 is one of the DCCC-targeted districts this cycle. We don’t have a candidate yet, but Wendy Davis has expressed interest in running. I figure this stunt will come up in the course of the campaign next year.

Kinder Houston Area Survey 2019

May 22nd, 2019
by Charles Kuffner.
Comments are off for this post

It’s one of the best things about Houston, year after year.

As Houston recovered from last week’s punishing rains, Rice University researchers reported Monday that public concern about flooding has diminished, while residents are ambivalent about certain policies aimed at easing the problem.

Researchers compiling the Kinder Houston Area Survey asked residents what they considered Houston’s biggest problem, and the share who named flooding this year fell to 7 percent from 15 percent last year. Only 1 percent cited flooding as the top problem in 2017, before Hurricane Harvey deluged the state with unprecedented amounts of rain.

Typical of human nature, the preoccupation with flooding fell with time, survey author Stephen Klineberg said. In each of the past three years, the most commonly cited top problem facing the Houston area was traffic, a frustration that residents confront daily.

“It is fair to say that the salience, the preoccupation with flooding, has gone down,” Klineberg said, “because it’s been a year and a half since Harvey.”

[…]

The 2019 results generally paint a portrait of an increasingly accepting and liberal place. The local economy is more stable. We are embracing our diversity.

But it also points to pressing problems: Financial insecurity, a failing education system and a shrinking determination to face flooding head-on. “The big story overall is the jury is out on Houston,” Klineberg said. “We understand better than we have before the challenges that we face.”

The city’s future, he says, hinges on the solutions in which area leaders invest.

[…]

Other findings: Support for immigration and gay rights continues to grow. So does the percentage of those who say they are friends with people of different ethnicities.

Klineberg’s big concerns include what he sees as the education system’s failure to prepare students to work. Jobs increasingly require a post-secondary education, he writes, and fewer Harris County residents are achieving this goal.

The survey shows that area residents, especially African American and Hispanic respondents, recognize this need for further education. And unlike in the past, more people than not think schools need more money — something Klineberg says is “a powerful kind of transformation.”

Financial insecurity is another concern. Nearly four in 10 reported that they did not have $400 in savings for an emergency. One-fourth said they did not have health insurance.

The city’s diversity and its challenges with education and jobs are likely to ripple across the country, in Klineberg’s view. “We’re there first,” he said. “We are a model for what is going to happen across all of America.”

The finding that support for various flood mitigation proposals has waned is the topline attention-getter, but it doesn’t surprise me that much. Not because I’m cynical, but because these things are hard to do. No one makes foundational changes without resistance and reluctance and false starts. People are going to be ambivalent and have buyer’s remorse. The best thing to do is to do things that will have the greatest positive impact, and ride it out till people get acclimated to it. That’s just life. As for everything else, there’s a ton to read on the general Houston Area Survey page and the 2019 Houston Area Survey page. Check ’em out.

Another view of pollution enforcement

May 4th, 2019
by Charles Kuffner.
Comments are off for this post

The state has its role, but it’s not all on them.

Almost two months before a massive chemical fire erupted in Deer Park, sending a dark plume of smoke over much of Harris County, Precinct 2 Commissioner Adrian Garcia asked the head of the county’s Pollution Control Services Department what additional resources he needed.

County officials were nearing the end of a third day of annual budget hearings and Garcia was concerned the department lacked the manpower and equipment to properly monitor air quality in his eastern precinct, let alone the entire county.

So, he asked Director Bob Allen for a wish list.

“Nobody’s ever asked me that before,” Allen replied at the Jan. 11 hearing in the Commissioners Court chambers. He said the department could use additional air monitors — especially mobile ones — and noted Pollution Control had fewer employees than in the 1990s.

Garcia last week said he was struck by Allen’s “deer-in-the-headlights look.” He wondered why previous Commissioners Courts had not pressed Allen for more details, and why he appeared unprepared to outline an ambitious vision for Pollution Control.

In the end, the court in February approved a 28 percent budget increase for the small department, giving Allen an additional $1.2 million. The department inspects facilities and enforces state and local air, water, solid waste and storm water regulations.

The investment made little difference four weeks later when a storage tank farm at Intercontinental Terminals Co. ignited on March 17, burned for more than 60 hours and sent Harris County emergency responders scrambling to monitor pollution and keep the public informed of dangers.

The ITC fire, followed by a fatal explosion and blaze at the KMCO plant in Crosby two weeks later, tested the capabilities of several county departments and spurred the longest activation of the emergency operations center since Hurricane Harvey.

County leaders said Pollution Control, however, was uniquely unprepared for the fires. Department staff were unable to quickly test air quality and report results to the public, forcing the county to hire outside consultants and design a website from scratch. Garcia said he lost faith in Allen’s leadership.

Unlike the city of Houston and federal Environmental Protection Agency, Harris County had no mobile air monitoring vehicle especially useful in emergencies. Five of the county’s 12 ozone monitors were broken, and Pollution Control’s fast-response team consisted of four members.

“We do not have the staff to sustain a response to the scale of ITC,” said Craig Hill, field manager for Pollution Control. He estimated the conflagration — which required the assistance of Louisiana firefighters to extinguish — was the largest the department had ever encountered.

The ITC fire was the first major emergency for Harris County Judge Lina Hidalgo, who said the incident exposed significant gaps in the county’s capabilities. Hidalgo said residents shared concerns about daily air pollution, let alone from chemical fires, at a February town hall in Pasadena. She said county government in the past has taken a too-lax approach to potential disasters at industrial sites along the Houston Ship Channel.

“We’re not just going to hope that this doesn’t happen again,” she said. “We’re going to do a thorough analysis and share the results, and do that quickly.”

There’s a lot more, so go read the rest. Here’s that website that the county got set up to track air quality results, in case you’re curious. It’s amazing, and in many ways quite telling, that none of this capability had existed before. We’re pretty good on disaster preparedness when the disaster is a weather event, which we can usually see coming. The man-made kind of disaster, which let’s be honest should be at least as predictable given what we do in this county and the lax enforcement around it, we’re caught flat-footed. I for one am very glad to see that’s no longer the case.

We’re still figuring out how to do development in a floodplain

Apr 21st, 2019
by Charles Kuffner.
2 comments

From the inbox:

The Greater Houston Flood Mitigation Consortium has released dual research reports that examine current standards in the area’s drainage, detention, and development regulations. The reports also include findings that encourage implementation of new and updated flood management infrastructure approaches and regulations to mitigate the risk of future flooding.

According to Consortium Project Manager Christof Spieler, “This research is intended to inform and unite our city and county leadership, development community and residents in planning for our region’s future. Some of the current regulations are not sufficient to address current flood risk and are further compounded by our region’s growth. Taking time to consider how we could benefit from updated regulations isn’t trying to limit that growth, but would set into motion the research and creative solutions required for growing in more resilient ways.”

Research Paper 1: Detention & Drainage Regulations:

According to researchers from Rice University’s SSPEED Center and report contributors Houston Advanced Research Center, as more and more land in and around Houston is developed, runoff and an inability for the land to absorb water from heavy rain events become contributing factors to flooding. The report goes on to identify areas where current detention regulations, which are in place to prevent those negative impacts, may in some situations be allowing new development to increase downstream flooding.

Specifically, the report findings state current regulations, with the biggest impact being from projects of 50 acres or less on greenfield sites:

  • Overestimate the runoff from some undeveloped sites and, as a result, underestimate detention required to maintain current conditions;
  • Use one-size-fits-all drainage formulas that do not reflect the variation in soils, vegetation and topography across the county; and
  • Only address maximum flow rate, not total runoff volume, meaning the cumulative effect of multiple developments can still increase flood levels. Further, downstream flooding can last longer while multi-day events can have a greater impact even if current requirements are met.

Suggestions to improve current regulations:

  • Increase the default minimum detention requirements set by the City of Houston and Harris County Flood Control District for development sites of all sizes to be a more conservative figure.
  • Allow developers / property owners with sites of any size to provide less than the default minimum detention requirements, provided there is an engineering study, based on field operations, that quantifies pre-development runoff.
  • Install gauges to collect measurable data on runoff in a variety of undeveloped watersheds.
  • Commission engineering studies for the undeveloped portions of Harris County’s major watersheds to understand cumulative effects and determine appropriate parameters.
  • Based on the studies, set specific criteria for the watershed, which could be coordinated across multiple jurisdictions in the watershed.
  • Require evaluation of cumulative effects across entire watersheds.
  • Require evaluation of multi-day events (three, five or seven days) as well as storms lasting a day or less.

Research Paper 2: Development Regulations:

According to the researchers from Kinder Institute for Urban Research Rice University, Texas Southern University, and Houston Advanced Research Center, the region can embrace a form of growth and innovation that sees opportunities in rules and systems that encourage resilient growth to avoid placing people and property in harm’s way.

Suggested approach for considering new regulations and policies:

  • Create regulations and policies to ensure both residents and officials understand that there is a range of flood risks both in and outside of current mapped floodplains.
  • Create systems that utilize both green and gray infrastructure elements for public and private infrastructure to maximize our ability to mitigate flooding.
  • Create land use and development policies that minimize future risk and address existing issues rather than relying too much on expensive infrastructure projects.

The report points out that these regulations are instituted and enforced by a variety of jurisdictions and operate within a legal framework set by the Texas Legislature. Changing the framework can require actions at many levels, and no one entity is solely responsible. Keeping the above points in mind and considering best practice research, key report takeaways include:

  • Tailor new developments to avoid at-risk areas in such a way as to keep people and structures from harm’s way and to reduce the number of existing vulnerable residents and structures.
  • Adopt regulations that inform residents about their flood risks and their options to mitigate those risks. This information should be proactively accessible to homeowners and renters both in and out of the mapped floodplains.
  • Provide public funding and programming to assist low-income residents in bringing their older, flood-prone homes up to new standards.
  • Require design standards and development permitting to incorporate broader resilience goals to help facilitate a more resilient region.
  • Implement regulations and design standards to encourage both green and gray infrastructure solutions to maximize our ability to reduce flooding. In order to see their use increased, green infrastructure efforts should be incentivized or even required, as the City of Houston is now studying.
  • Successful stormwater and floodplain management needs to be implemented at the regional level with the cooperation of city, county and regional institutions. Stormwater and floodplain management professionals within these institutions are best suited to put into place new and emerging best practices.
  • Balancing economic goals with regulatory reform can be a struggle. As new data and technology reveal a new picture of flood risks for the Houston region, this balance will likely shift, resulting in the need for a new set of regulatory practices. This report summarizes best practices that are potentially relevant for the Houston region.

A link to both reports can be found at  houstonconsortium.org.

flooding, harvey
See here and here for previous research, and here for the Chron story. I don’t have anything to add, I just hope Commissioners Court and the Lege are paying attention.

Using floodplain rules to force environmental safety compliance

Apr 10th, 2019
by Charles Kuffner.
1 comment

A county’s gotta do what a county’s gotta do.

Harris County officials are using flood control regulations passed after Hurricane Harvey to delay the reopening of two chemical companies where fires erupted in recent weeks, killing one worker and sending large plumes of black smoke into the Houston area.

The Harris County Attorney’s office cited the post-Harvey rules on floodplain construction and stormwater drainage in its civil lawsuits against KMCO and Intercontinental Terminals Co., where cleanup is still ongoing after the fires.

“We don’t shy away from going after the biggest, baddest companies out there,” said Harris County Attorney Vince Ryan. “It sends a message to everyone.”

The county is digging through maps and available data to determine if both companies are in a floodplain. The new regulations put chemical facilities that are in a 500-year floodplain under tighter scrutiny.

The drainage rules restrict discharges of hazardous materials into the county’s stormwater system. If a company is found to have discharged hazardous materials, it can be cited by the county. Larger releases could lead to additional legal action.

The floodplain rules apply to more than facilities with fires and toxic releases and can force companies to meet new requirements when seeking to expand or change an existing facility, said Rock Owens, managing attorney for the Harris County Attorney’s environmental section.

The story doesn’t go into detail about what compliance issues there are and how long they may take to resolve. You may be thinking “why doesn’t the county file a lawsuit against these companies to force them to fix their problems?” The answer is that this used to be how things went, but your Texas legislature has taken steps to shackle counties and their enforcement efforts.

But in 2015, the state Legislature started taking away authority from the local governments. Lawmakers approved a bill capping the amount of money a local government could receive from civil penalties sought in environmental cases.

In 2017, another bill passed forcing local authorities to ask permission from the Texas attorney general before seeking penalties. If the attorney general’s office does not file its own suit in 90 days, the local government can go forward with a civil suit.

Lawmakers are currently considering two bills that would restrict local governments even more.

House Bill 3981, filed by state Rep. Jeff Leach, R-Plano, would give the attorney general the authority to settle lawsuits started by the county, without the approval of the county.

House bill 2826, filed by state Rep. Greg Bonnen, R-Friendswood and three others, would let the attorney general prohibit the county from hiring outside attorneys on cases.

“The concern isn’t that the local governments are intentionally causing any problems with these suits, just that a more efficient state-led effort may at times be more desirable,” said Justin Till, Bonnen’s chief of staff.

More desirable for the polluters, that’s for sure. Let’s be very clear, the main reason why bills like these get passed are specifically to muzzle Harris County’s enforcement efforts. (The city of Houston’s efforts were killed by the Supreme Court.) It’s a pollution-friendly Republican Legislature taking care of bad actors, aided and abetted by the business lobby. You know what I’m going to say next: Nothing will change until we change who we elect.

Still lots of houses at risk of flooding

Mar 25th, 2019
by Charles Kuffner.
Comments are off for this post

This is going to take a long time to really mitigate.

A new study is raising concerns that restrictions on new construction put in place after Hurricane Harvey could leave low-income residents with fewer choices for affordable housing.

More than 475,000 people in Harris County live in multifamily units at risk of flooding, according to the study released Thursday by the Greater Houston Flood Mitigation Consortium. The group includes the University of Houston, the Kinder Institute and the Local Initiatives Support Corporation, among others. Even without the flooding risk, units are becoming less and less affordable.

“The issue of flooding and the issue of affordable housing are very connected,” said Christof Spieler, the consortium’s project manager. “We have a lot of Houstonians who are in the difficult position where the housing they can afford is the housing that puts them at risk of flooding.”

In Harris County, 26 percent of all multifamily units — buildings with two or more units — are currently located within a flood-risk area. After Harvey, Houston leaders passed an ordinance known as Chapter 19 that requires elevation for rebuilding in the flood plain. The down side, according to the consortium, is that this requirement may lead to the loss of affordable multifamily units in the floodplain.

“Chapter 19 has the best interests of people in mind, but I just don’t think that we really thought through the potential impact on multifamily units,” said study co-author Susan Rogers, the director of the University of Houston’s Community Design Resource Center. “I don’t think any of us want to encourage apartment owners to continue to renovate and put people in (apartments) clueless of what could happen to them.”

While most of the multifamily units in Houston that are being rebuilt were permitted before the ordinance took effect, researchers heard through focus groups that property owners are worried about what will happen after the next storm.

“If you’re trying to keep affordable units, but safe and not-falling-apart units, you don’t want reputable property owners to either go bankrupt and abandon their properties to the kind of ‘owner of last resort’ who will potentially not bring things back up to where they should be,” said Kyle Shelton, director of strategic partnerships at Rice University’s Kinder Institute and another of the study’s lead authors.

The press release is here, the full report is here, and Mayor Turner’s response to this report is here. All of the Consortium’s research is here if you need to read more. I don’t have much to add to this, just that if we want to make good policy decisions to fix the mistakes of the past and prevent making more of them in the future, we really need to understand the full scope of the issues. I’m glad we have this group doing that work for it.

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