The committee met to consider invited and public testimony on interim charge #2 -Study the following additional issues related to Hurricane Harvey and flooding issues in general:
- The development of the initial State Flood Plan by the Texas Water Development Board, and how the plan might be enhanced or focused in light of Harvey
- Science and data availability and needs related to flood risk and to responding to flood events
- The best methods of providing state financial assistance for flood infrastructure needs
- Opportunities for improved collection and storage of flood flows for future supply needs
- The role of voluntary land conservation efforts, including conservation easements, in preventing and mitigating flooding.
This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. This report is not a verbatim transcript of the hearing; it is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.
John Otto, Rebuild Texas
- Goal is to assess each community’s needs and create a plan to rebuilt affected communities
- Response – using Texas A&M Agrilife extension agents saved millions of dollars for the state
- Discussed number of requests immediately following Harvey as well as debris removal
- Recovery – great need in less populated counties for assistance to get federal assistance; held training and launched recovery tracker to assess state fund use
- Policy development – will submit a final report of the commission’s findings
- Still in the midst of recovery
- Need the legislature to help fully recover
- Larson – how much federal funding has been accessed so far?
- Do not have a specific number at present, most funding goes through FEMA or the GLO
- Workman – what is the status of the schools around the coast?
- The TEA has been assessing the situation, but a major concern will be with the tax base in those areas
- Frank – what are areas that will have to be focused on moving forward
- Training for local officials with response and FEMA paperwork
- Larson – are your policy recommendations for flood mitigation going to include local state and federal recommendations?
- They will
- Phelan – interested to see the flood mitigation policies, there doesn’t seem to be much coordination at the local level for flood mitigation projects
- Phelan – are you monitoring block grant funding usage?
- Do not, but a regional approach is probably best
John Dupnick, Texas Water Development Board
- Gave presentation
- Current flow to coast data – average 41 million acft/year
- 2017 57.8 million acft/year average 2017
- Harvey delivered 51% of total flow to coast for the year
- Discussed stream gauge usage for flood planning and mitigation
- Added about 40 gauges and identified 42 more locations for gauges to be added
- In collaboration with National Weather Service – will have added 40 calibrated gauges over last biennium and next biennium
- Discussed updating flood hazard maps using FEMA dollars
- Map included identifying areas of most need to have mapping updated
- Larson – where are we in terms of updating maps?
- It is moving slow, will not get the entire state covered with available funding
- Focusing on areas of highest need first
- Will provide more specific numbers
- Larson – need to accelerate this process as much as possible
- Frank – it looks like the areas hit by Harvey already had mapping done, is that right?
- Some of those maps need to be updated
- The areas of highest need is mostly on the gulf coast
- Phelan – 80% of the areas hit by Harvey didn’t have mapping?
- That shows the priority based on need
- They may have a need to update maps or get digital maps versus paper maps, etc.
- Phelan – there are several factors, but if you had the money what would the timeframe be to finish this?
- Will provide an answer
- Discussed methods for mapping terrain and using LIDAR data in this process
- 70% of the state will have the LIDAR data
- Described online access to the flood data and mapping
- 17 projects were funded with contributions from TWDB in 16-17
- Reviewed financial assistance available
- Have not seen flood mitigation projects until recently
- 7 projects approved for a total of $90 million since 2016
- At beginning stages of a “state flood plan” like a state water plan
- For estimation and planning purposes
- Include cost estimates
- Taking responses from public in crafting this “plan”
- State flood assessment
- Public review and comment in July
- Hoping for approval in December
- Larson – discussion of scope of flood assessment and cost of flooding in Texas in the report; if the legislature is going to do something in the next session there is a need for information
Kelly Kiel Linden, Texas Commission on Environmental Quality (TCEQ)
- Gave presentation
- Aggregate production organizations (APO) must notify TCEQ of operations
- Focused on sand mining on the San Jacinto River
- TCEQ has conducted 16 monitoring flyovers
- Notices of enforcement are issued for egregious violations, native of violations are for less egregious violations
- Discussed timeline and frequency of follow-up investigations and notices issued after areal observations
- Conducted 16 aerial observations since 2013
- 51 investigations
- TCEQ responds to all environmental complaints
- Phelan – are the violations conducted by the same actor each time?
- They are at a number of different mining operations
- Phelan – of all of this the state has collected $17,000 in violations?
- Just on the San Jacinto River
- Phelan – at what point are they not allowed to operate anymore?
- It is a progressive administrative process
- At the most egregious circumstances injunctive relief is sought with AGs office
- Phelan – during the whole process they are allowed to continue to operate?
- that is correct
- Larson – may need to look at more significant penalties associated with violations
L’Oreal Stepney, TCEQ
- Discussed water rights technical review process
- Water right protections are considered before anything else
- Use WAM to assess amendments to water rights/usage permits
- In uncommon excess water situations, TCEQ evaluates requests on a case by case basis
- Discussed Aquafer storage and recovery (ASRs)
- Reviewed HB 3991 changes to water code intending to remove barriers to ASR projects
- Described excess flow usage permitting process
- Larson – this bill specifically addressed excess water flow, but still need to ensure there is not any adverse impact on the environment due to this as there was some concern last session
Russ Poppe, Harris County Flood Control District
- 90% of debris has been removed from channels
- Will be complete by the start of hurricane season
- Earthen structures need repair
- $150 million investment needed to make repairs
- Sedimentation – west fork of San Jacinto River as been assigned to Army Corps of Engineers
- Surveying will be completed this week
- Will create a plan
- Noted this is not the only area that is affected by sedimentation
- Larson – what is the timing of that project?
- Modeling should happen within the next week
- They will be looking to FEMA for construction reimbursement
- Planning on summer to begin dredging
- Additional studies for long term management need to be conducted – application has been sent to FEMA for approval
- Study with FEMA will include increases to the flood warning system and additional flood risk mitigation opportunities
- Discussion of a third reservoir in the water system
- Larson – is there funding approved for this?
- Funding has been approved for Texas projects but not specifically for this type of project
- Discussed use of Atlas 14 data to help prepare for future flooding
- Funding has begun for Texas
- Expecting results at the end of the year
Josh Stuckey, Harris County
- The last time a flood plan was discussed was in 2011
- Questioned if $600,000 was enough to create a statewide regional look at flood potential and mitigation
- Discussed need for protections for upstream mitigations
- Most homeowners do not know what their risk s in terms of purchasing flood insurance
- Needs to be better articulated to the constituents
- Best method for providing financial assistance for flood mitigation projects should include state aid for local match especially for cross jurisdictional projects
- Frank – who is subsidizing flood insurance?
- Its federal, the subsidies are going away overtime
- Larson – at this point the flood plan is a compilation of local flood mitigation plans, there will be an expectation that the legislature helps with matching funds and at this point there is not a discussion of assigning funding within the plan
Jace Houston, San Jacinto River Authority
- Gave presentation
- Regarding dredging, typically is discussing rivers as opposed to reservoirs for water flow issues
- There are a number of areas that have higher levels of sediment which was exacerbated by Harvey
- Army Corps of Engineers is getting ready to kick off a big project for near term solution
- SJRA looking at long term issue s
- Larson – do we have an idea of timeline, and would the long-term plan involve an ongoing sediment management?
- Heard it would start before the end of May and the long-term plan would include ongoing measures
- Discussed flood capacity do to lake Conroe level – a difference of a few feet means a flood capacity of thousands of acre feet
- Workman – do you know if the silt could be sold?
- There is permitting issues as well as state royalties associated with sand mining in the rivers versus immediately outside of the river
- Showed lake level through various storm events i.e. inflow and outflow from the reservoir in storm events
- Peak levels/release are lowered, and gate release timing is lengthened due to capacity of the reservoir
- Another benefit would be release levels in terms of those down stream form the reservoir
- Larson – how fast could you release water from the reservoir in the event of impending storms?
- Do not release water before storms because it would limit river capacity and lake Houston capacity
- Discussed impact of water rights if lake Conroe was lowered by up to three feet
- Analysis showed by 1-foot lowering would not impact
- More than 1-foot would have impact
- Analysis did not include modeling of lowering of lake Houston in conjunction with lowering of lake Conroe
- Larson – likes the idea of seasonal release if possible
- Temporary seasonal lowering of lake Conroe strategy is being coordinated and completed
- Limited benefit in huge storms but may have significant impact on smaller storms
- Discussions with TCEQ regarding water right implications
- Workman – photo shows sandbar in lake Houston, is silting considered when reviewing capacity?
- Siltation must be considered
- Workman – if adding capacity back through desilting the reservoir would that offset water right issues from releases?
- It certainly could if it could keep up with the additional siltation every year
- Workman – What is the setback?
- Funding
Laura Huffman, The Nature Conservancy
- A need for thinking differently about mitigation and rebuilding is needed
- A 2014 study “protecting open space and ourselves” highlighted opportunities for flood mitigation that are in line with land conservation and protection
- Few communities participate in FEMA CMS which provides some funding and would lower flood insurance premiums
- Two projects underway
- Working with Texas A&M Galveston to study property buyouts in greater Houston; looking a framework for parcel acquisition prior to storms
- FEMA Community rating program adds economic incentives for mitigation
- Stressed strategic use of nature-based solutions should be used with federal dollars
- Ashby – asked for a description of decisions the legislature will have to make regarding FEMA funding package
- Discussed funding for improving flood mitigation as opposed to rebuilding what was there
- New thoughts on interventions may be hugely beneficial in the future
- Frank – discussed buyouts are for properties that flood more than the insurance payouts are for and subsidies for living/building in flood prone areas; does not believe that the subsidies are helping the situation
- Phelan – buyouts are tough because they are so expensive for local governments
Blair Fitzsimons, Texas Agricultural Land Trust
- Need to protect open lands as a strategy for flood mitigation
- Implementation to utilize open space as an impactful program is usually through the conservation easement, an open space protection would focus on buying and retiring development rights
- Needs a robust land trust industry to support a program like this
- Also needs a method of dispersing funds
- Texas already has mechanisms for both things
- Ashby – In terms of individuals who participate, what is the initial connection with the Trust?
- Every land trust operates differently. We believe strongly that it is voluntary treatment. We will not knock on doors. We put a lot of effort into outreach, so the information can get out there.
- Workman – My sense is that most of these conservation movements are catering to seniors who may not have a descendant to tend the land. Is that correct?
- But also, for a young couple that wants to get into farming, we can reduce the barrier.
Bill Mullican, CDM Smith
- Gave background on aquifer recovery process
- Questioned if storm water wells could have been beneficial during Harvey
- Even during Harvey type of event, access to water flow is limited
- Requires consideration of storage for that recovered water flow
- Larson – a system like that would be very beneficial and complimentary to the ASR concept of trying to collect water in urban areas and storing it underground
Allen Messenger, ANB Cattle – Laredo Texas
- Flood prediction is dependent on a 1961 document
- Glad to hear TWDB is working to update this information
- Discussed waste disposal
- San Jacinto Waste Pits are example of non-hazardous waste and will be removed at cost of over $100 million
- Texas should not permit any new waste disposal facilities within a 100-year flood plain
- Larson – need to discuss those issues with TCEQ
Scott Jones, Galveston Bay Foundation
- Need to look to use of open space for flood mitigation as well as many other beneficial uses and outcomes
- Green storm water infrastructure relating to low impact development
- Recommends working with Houston area consortium
- Coastal spine – have worked with many entities on the Ike Dike
- Noted there are unintended consequences with systems/projects like this in the Netherlands
- Discussed new reservoir in Houston area
- Consortium does not think that another reservoir would have helped significantly during Harvey
Lori Olson, Texas Land Trust Council
- Collected over 1.6 million acres across the state
- Impacts of the storms will worsen with population growth
- Conservation of land has shown to be a cost-effective solution for flood mitigation
- Open space conservation would be a sustainable form of flood mitigation
Kelly Keel Linden, TCEQ
- Phelan – A witness testified earlier that TCEQ issued a permit for a landfill site in a flood plain, can you speak to that? Does it concern you?
- That is a very important issue, would like to follow up with department of waste at TCEQ and provide a response to the committee
Closing Remarks
- Larson and Phelan – requested information regarding using of permits to landfills inside of flood plains from TCEQ